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Jakarta, CNBC Indonesia – The Plenary of the House of Representatives of the Republic of Indonesia on Monday, October 5, 2020 ratified the Ciptaker Omnibus Law as official law.
Previously, the Government and the RI Legislation Body of the RPD (Baleg) had agreed on the content of the Draft Labor Creation Law (RUU) at the Panja Work Meeting, on Saturday (10/3/2020) in Jakarta.
“We have heard the final views and opinions of the Legislative Body,” said on Monday (10/5/2020) the chairman of the DPR plenary meeting, Azis Syamsudin, who is also vice chairman of the DPR in Jakarta.
In the plenary process of the DPR, it did provoke debate. One of them is from the point of view of the factions.
 Photo: The atmosphere of the plenary session of DPR RI. (CNBC Indonesia / Muhammad Sabki) |
Benny K Harman of the Democratic Faction asked the factions to first convey their views. “So that the public knows why the Democratic faction rejects this bill,” Benny said.
Finally, the DPR Directorate approved the proposal for each faction to transmit their points of view. In his opinion, the majority of the factions agreed and it was recorded that only 2 factions disagreed with this bill to become law. They are the Democrats and the PKS faction.
The Democratic Faction, through its spokesman Marwan Cik Asan, assessed that there are items that could harm the environment in the investment process. Democrats also think this bill was drafted in a hurry.
“The job creation bill should be able to provide a roadmap for the direction of Indonesia in the future. This job creation bill has a number of fundamental problems,” said Marwan.
Among the fundamental issues, Democrats believe that the Covid-19 Pandemic should be prioritized for its management. As well as the damage to the rights of workers in the existence of this bill.
“The discussion of the Draft Employment Creation Law has procedural flaws. The discussion is not transparent and responsible and does not involve workers and civil society,” he said.
“The Democrats say they refuse to pass a law. There needs to be a fuller discussion,” Marwan said.
PKS faction spokesperson Amin AK said there were many notes from the PKS faction. “In essence, the PKS Faction believes that this bill goes against the policy of law and nationality,” he explained.
“There is a liberalization of natural resources. By providing facilities to the private sector to invest,” added Amin.
He also said that employers benefit enormously and workers suffer losses related to labor relations and severance pay. “The PKS faction rejects the Job Creation Bill to become a law in the second-level discussion,” Amin said.
After the faction opinion process, DPR leader Azis Syamsudin declared that the leadership would vote based on the opinion of the faction. It was recorded that 6 factions received and 1 faction received with notes (PAN Faction). Meanwhile, 2 factions rejected (the Democrats and the PKS faction).
Azis has also struck the hammer, indicating that DPR agreed to have the Omnibus Bill become law.
Unfortunately, during the process, the Democratic faction declared a Dismissal from the Plenary Session because they felt they did not accommodate their comments asking for a delay.
The chairman of the DPR plenary meeting who was also present in person was DPR President Puan Maharani along with DPR Vice-Presidents Rachmat Gobel and Sufmi Dasco.
In the plenary meeting, Baleg Supratman President Andi Agtas reported that the creation of this work was one of the ways to implement a policy of a map for regional spatial planning. Meanwhile, the Employment Creation Law will subsequently regulate foreign workers who will be ratified by the central government.
Meanwhile, Supratman emphasized that later in this Omnibus Act, the government also stipulates job loss guarantees for workers. “Premiums are budgeted by premiums and the state budget. He also emphasized that this Job Creation does not eliminate menstruation and sick leave due to pregnancy ”, he explained.
Cipta Kerja, Supratman continued, also presented a policy of ease of doing business from MSMEs, from cooperatives to large institutions.
However, Supratman emphasized that two factions did not accept the Job Creation Bill, namely the Democrats and the PKS faction.
“The dynamics that have occurred, such as debates between factions, have been overcome and there have also been deep debates during the discussions.”
On the other hand, the decision of the DPR to approve this law was carried out amid the demands of the workers who consider controversial articles. The following include:
1. Minimum wage
The president of the Indonesian Trade Unions Confederation (KSPI), Said Iqbal, said that the Regency / City Minimum Wage (UMK) is conditioned by paying attention to the rate of inflation or economic growth. Meanwhile, district / city sectoral minimum wages (UMSK) are eliminated in the job creation bill.
According to Iqbal, UMK does not need to be conditional and UMSK must still exist. Because the MSEs of each district or city have different values. He also disagrees with the saying that MSEs in Indonesia are more expensive than in other ASEAN countries.
If we take the average national MSE value, the MSE in Indonesia is said to be much less than the minimum wage in Vietnam.
“It is not fair, if the automotive sector like Toyota, Astra and others or the mining sector like Freeport, Nickel in Morowali and others, the value of UMK is the same as that of a garment company or cracker. That is why there is a Minimum Wage in the whole world. Sectorial that is applied according to the contribution of added value of each industry to the country’s GDP ”, said Iqbal.
As an intermediate way to determine the increase in value and the type of industry that UMSK obtains, it can be done at the national level for certain regions and types of industry.
So UMSK is no longer decided at the regional level and not all industries get UMSK for there to be justice.
“So it doesn’t have to be the same as taste, because the fact is that each industry has different capabilities. Therefore, UMSK is still needed, ”Iqbal said.
2. The severance pay is reduced
Workers also refuse to reduce the value of severance pay from 32 times their salary to 25 times their salary in the Job Creation Act. In it, employers pay 19 months and BPJS Ketenagakerjaan pays 6 months. He asked where BPJS got the source of the funds to pay the compensation.
“Because without paying dues, BPJS pays 6 months’ compensation to workers. It is certain that BPJS Ketenagakerjaan will go bankrupt or the JKP severance program will not continue following this scheme,” Iqbal said.
3. Work contract without time limits
Workers also reject the Fixed-Time Work Contract (PKWT) scheme, whose term is canceled. This allows workers to be hired for life without becoming permanent employees.
“Workers reject the PKWT for life,” Iqbal said.
4. Outsourcing for life
Iqbal also explained in the Employment Creation Law Project, it is said that an outsourcing contract is for life. Outsourcing also applies regardless of the type of work.
“Whereas previously outsourcing was limited to only five types of work,” Iqbal said.
5. New compensation for at least 1 year
The Job Creation Bill regulates the compensation for workers that will be given when the work period has reached a minimum of one year. Meanwhile, the employment contract has no time limit. Iqbal is concerned that workers hired for less than a year will not receive workers compensation.
“The Employment Creation Bill establishes that contracted workers who receive compensation are those who have a minimum period of work of 1 year. The question is, what happens if employers only hire workers for less than one year “It means that the contract workers will not receive compensation,” said Said.
This is considered a serious problem for workers. The reason is that it is not clear what part the Job Loss Guarantee (JKP) will pay for hired and outsourced employees.
Employers can hire workers for less than a year to avoid paying compensation. The point is, Iqbal said, there is no job security for Indonesian workers.
“Even now, the number of outsourced and outsourced employees is around 70% to 80% of the total workers working in the formal sector. With the approval of the Omnibus Law, do you want to do only 5% to 15 % of the number of permanent employees? There is no job security for Indonesian workers, what is this? investment objectives, “said Iqbal.
6. Excessive working hours
Workers also reject the working time agreed in the Employment Creation Bill, because it is considered exploitative and tends to be excessive.
The Employment Creation Law is more flexibly regulated for part-time work up to a maximum of 8 hours per day or 40 hours per week. Meanwhile, for special jobs like in the oil and gas, mining, plantations, agriculture and fishing sectors it can exceed 8 hours a day.
“The workers reject exploitative working hours,” Iqbal said.
7. Lost vacation wages
He said the right to leave maternity and menstruation was not eliminated, which is a problem as long as the leave is not paid for workers. His party did not agree to this happening.
“What is lost during menstruation and pregnancy leave, workers’ wages are not paid, there is no work is not paid. As a result, workers will not take their menstrual and pregnancy leave rights for fear that they will cut wages when taking leave, “said Iqbal.
He wanted that during the menstruation and childbirth leave, the workers would still have their rights as workers. If workers are not paid during holidays, according to him, it is against the International Labor Organization (ILO).
[Gambas:Video CNBC]
(dru)
