See, these are 8 points of the UN’s attitude towards the Employment Creation Law

KOMPAS.com – Omnibus Law The Job Creation Law approved by the House of Representatives on Monday (10/5/2020) reaps pros and cons in the community.

The Nahdatul Ulama Executive Board (PBNU) officially issued a statement of its position on the law.

The attitude statement was signed by PBNU President KH Said Aqil Siroj and PBNU Secretary General Helmy Faishal Zaini on October 8, 2020.

On one of the points, the UN emphasized that it is ready to work with parties that will take the constitutional path by submitting a judicial review of the Employment Creation Law to the Constitutional Court.

Read also: The Law of Job Creation, UN together with those who can walk the constitutional path

The following are 8 points of the UN position on the Employment Creation Law:

1. UN appreciates all efforts made by the state to fulfill the basic rights of citizens to work and a dignified life for humanity.

This is because jobs are created by providing business opportunities.

Meanwhile, the opportunity to grow with a good and conducive business climate. A good business climate requires easy permits and bureaucratic simplicity.

Meanwhile, the Job Creation Act aims to attract investment in the hope that it can increase job opportunities and channel the demographic bonus, so that it can leverage growth and get out of the low-income country trap.

2. However, the UN regrets that the legislative process for the Employment Creation Law was rushed, closed and reluctant to open up to public aspirations.

According to the UN, regulating a very broad field that includes 76 laws should require patience, thoroughness, caution, and broad stakeholder participation.

The UN considers that imposing a law that creates public resistance during the corona virus pandemic is a form of state malpractice.

Also read: PBNU regrets the rush of the Legislation Process for the Employment Creation Law

3. UN regrets the appearance of article 65 of the Employment Creation Law, which includes education in the field open to the granting of commercial licenses.

The UN is concerned that this will plunge Indonesia into educational capitalism.

Then, in turn, it is feared that the best education can only be enjoyed by those who have it.

“The good intention of creating jobs should not be undermined by opening everything up to commercial fields open to business licensing. The education sector is a field that should not be handled for purely commercial reasons, because it is a basic right that must be provided by the State, ”says point 3 of the statement.

4. UN also stated that efforts to attract investment must also be accompanied by the protection of workers’ rights.

According to the UN, the implementation of the flexible labor market (labor market flexibility) which is done by expanding the PKWT (Fixed Time Contract Worker) system and outsourcing will harm most Indonesian workers who are still dominated by workers with skill limited.

UN understands the concerns of workers with article 81 of the Employment Creation Law, which modifies various provisions of Law No. 13 of 2003 on Labor.

The elimination of a maximum period of three years for PKWT workers (Article 59) can increase the risk of workers becoming temporary workers throughout the industry.

“The reduction of components of workers’ rights such as severance pay, the payment of rewards and severance money may please investors, but it is detrimental to the guarantee of a decent life for workers”, points to point 4.

Also read: MUI Too bad that the government and the House of Representatives do not listen to the opinions of Islamic organizations that reject the job creation law

5. UN said that efforts to attract investment must be accompanied by environmental protection and conservation of natural resources.

Act on behalf of the extractive sector with a series of incentives and discretionaryities for the actors of the mining company, such as the imposition of a royalty rate of 0 percent, as established in article 39 of the Employment Creation Law, according to UN, could threaten the environment and ignore energy security.

UN considers that the Employment Creation Law extends and widens the red carpet for business actors, instead of changing the contents of Law No. 3 of 2020 on Mining, which strengthens the domination and oligarchy of the State.

The government is seen as guaranteeing unlimited investment and ministerial discretion for mining business players who conduct integrated upstream-downstream businesses to extract mineral reserves until depleted.

Furthermore, it is considered that the government has ignored the dimensions of conservation, environmental carrying capacity and long-term energy security, in addition to dispensing with the use of public roads for mining activities that clearly damage public facilities built with public money.

6. UN recalled that efforts to attract investment should not sacrifice food security based on the independence of farmers.

Article 64 of the Employment Creation Law modifies several articles of Law Number 18 of 2012 on Food that have the potential to carry out imports soko guru (support) the national food supply.

It is feared that the change in Article 14 of the Food Law juxtaposing imports and domestic production in one article will be feared by the UN that will lead to food capitalism and expand the rent-seeking space for food importers.

Also read: Feeling lied to by the DPR, LP Ma’arif NU will demand the Employment Creation Law in the Constitutional Court

7. The UN is concerned that the centralization and monopoly of the fatwas amid the enthusiasm of the growing sharia industry could create an overload that will interfere with the success of the certification program.

The reason is that the spirit of the Employment Creation Act is centralization, including the issue of halal certification.

Meanwhile, Article 48 of the Employment Creation Law modifies several provisions of Law Number 3 of 2014 on Halal Products Guarantee, which reinforces the concentration and monopoly of fatwas in a single institution.

Additionally, UN assesses the state to strengthen the paradigm of industrial bias in the halal certification process.

This is because the qualifications of halal auditors, as emphasized in Article 14, are graduates in the fields of food, chemistry, biochemistry, industrial engineering, biology, pharmacy, medicine, culinary or agriculture.

“The negligence of sharia academics as halal auditors shows that halal certification is highly biased by the industry, as if only related to the food production process, but ignores the broad food supply mechanism,” UN wrote. .

8. UN emphasized that it would be with the parties seeking justice by taking constitutional channels by presenting a judicial review of the Employment Creation Law to the Constitutional Court.

“In an atmosphere of pandemic and joint efforts to cut the chain of transmission, legal action is the best and respectable way to seek justice compared to mass mobilization,” UN wrote.

Also read: Education is regulated by the Employment Creation Act, LP Maarif NU: We are very disappointed, we feel cheated.