JAKARTA, LiterasiHukum.com— The Constitutional Court (MK) has established a new principle regarding the time limit for filing lawsuits for Termination of Employment (PHK). Through Decision Number 132/PUU-XXIII/2025, the Constitutional Court stated that the 1 (one) year expiration period for filing a lawsuit with the Industrial Relations Court (PHI) must be calculated from the stage of mediation or conciliation failing to reach an agreement. This decision changes the previous practice where the deadline was calculated from the date the PHK decision was received or notified by the employer.

Background of the Application and Time Constraints

This request was submitted by Domuli Sentudes who argued that the provisions of Article 82 of Law No. 2 of 2004 have limited the constitutional rights of workers. The one-year deadline since the PHK decision was received is considered a serious obstacle to obtaining justice, considering the mandatory pre-litigation stages. The Constitutional Court, through considerations read out by Deputy Chief Justice of the Constitutional Court Saldi Isra, understood these concerns. The Court acknowledged that pre-litigation procedures such as bipartite and tripartite negotiations (mediation and conciliation) are mandatory stages that must be carried out and often take a considerable amount of time.

Considerations of the Court: Balancing the Interests of Workers and Employers

In its considerations, the Court focused on how fulfilling these mandatory stages would not harm the constitutional right of workers to file a lawsuit. Although the Constitutional Court once held the view that lawsuits are calculated from the PHK decision, legal facts and developments show the need for adjustments. "To provide sufficient time for workers to file a lawsuit with the PHI if the mediation/conciliation stage is not reached, the Court considers it fair if the one-year expiration period is calculated from the stage where mediation/conciliation does not reach an agreement," explained Saldi. This step is seen as balancing the interests of employers and workers fairly.