So controversy, what is the job creation bill? All pages

JAKARTA, KOMPAS.com – The working meeting of the Legislative Organ (Baleg) of the House of Representatives with the government agreed on a Draft Law or Bill for the Creation of Work to be approved as a Law (Law) in plenary session.

At the meeting, up to seven factions came to an agreement through the vision of mini factions, namely the Indonesian Democratic Struggle Party, the Golkar Party, the Gerindra Party, the Nasdem Party, the National Awakening Party, the Indonesian Party. of the National Mandate and the United Development Party.

Meanwhile, two factions declared that they rejected this bill, namely the Prosperous Justice Party and the Democratic Party.

Discussion of the job creation bill sparked controversy. Despite the rejection and massive demonstrations by unions in various regions, the government and DPR did not give in and continued efforts to ratify the Job Creation Bill.

So what is the job creation bill?

Also read: According to the Coordinating Minister of Airlangga, it is a myriad of benefits of the Bill of Creation of Employment for People

The Employment Creation Law Project is part of the Omnibus Law. In the Omnibus Law, there are three bills that are ready to be enacted, among them: the job creation bill, the bill on tax provisions and facilities for strengthening the economy and the bill on development and strengthening of the financial sector.

However, the Job Creation Bill became the bill that received the most public attention. In addition to being considered to contain many controversial articles, the Workers’ Union considered that the Job Creation Bill only addressed the interests of investors.

In essence, the Job Creation Bill is a package of Omnibus Law whose impact is the most influential on the wider community, especially the millions of workers in Indonesia. This is what causes many unions to desperately reject the Job Creation Act.

The government and the RPD are pursuing broadcasts

The government and DPR are also considered to be pursuing broadcasts to complete the Omnibus Law on the Job Creation Bill. This bill is expected to attract foreign investors to invest in the country so that it can boost economic growth during the Covid-19 pandemic.

Also read: Are you still confused about what the Omnibus Law is?

In fact, the government and the DPR RI Baleg had postponed the discussion on the Labor Group after receiving an official order from President Joko Widodo on April 24. This is to respond to the demands of workers who oppose a series of articles in the cluster.

The unions consider that several articles of the Omnibus Bill are detrimental to the bargaining position of the workers. One of the highlights is article 79 which states that there is only one day of rest per week.

This means that the obligation of employers to give workers or day laborers time off is decreasing in the Omnibus Plan for Labor Copyright.

If approved, the government is deemed to grant legality to entrepreneurs who have so far requested one day off a week. Meanwhile, two days off per week is considered a policy of each company that is not regulated by the government. This is seen as weakening the position of the workers.

Also read: Airlangga Coordinating Minister: Job Creation Bill does not remove license fees

“Weekly rest of 1 (one) day for 6 (six) business days in 1 (one) week, “the sound of article 79 of the work copyright bill.

The provisions of the Employment Creation Law Project are different from the previous regulation, Law 13 of 2003 on Manpower, where employers must provide a weekly rest, one and two days to their workers.

“1 (one) day for 6 (six) business days in 1 (one) week or 2 (two) days for 5 (five) business days in 1 (one) week”, Says article 79 of Law No. 13 of 2003.

Several provisions are also considered controversial, including those related to contract workers (fixed-time employment contracts / PKWT), wages, severance pay, labor relations, termination mechanisms (PHK), labor relations dispute resolution, and social security .

Also read: Bill for the creation of work on lightning approved in plenary session

What is the Omnibus Law?

In terminology, omnibus comes from the Latin meaning for everything. In a legal context, it means that the Omnibus Law is a law that can cover all or a law that regulates many things.

In other words, the Omnibus Law means a method or concept of making regulations that combines several rules with different regulatory substances, into a single rule under a legal umbrella.

Meanwhile, quoted from the Academic Text of the Omnibus Law on the Draft Law of Job Creation, there are 11 groups included in this law, which include Simplification of Licenses, Investment Requirements, Employment, Ease of Doing Business, Empowerment and Protection of MSMEs, Support for Research and Innovation, Government Administration, Sanctions Imposition, Land Acquisition, Investment Facility and Government Projects and Special Economic Zones.

In the process in parliament, there is no difference to the general law-making process as discussed in the DPR. However, the contents expressly revoke or modify various related laws.

Also Read: Job Creation Bill Confirmed, Workers Threatened To Be Permanent Employees Forever?

The number of overlapping laws in Indonesia is trying to be resolved through the Omnibus Law. One of them is the labor sector.

In the labor sector, the government plans to abolish, amend and add articles related to the Manpower Law.

For example, the government plans to change the reward scheme for laid off workers. The amount of reward money is determined based on how long the employee has worked at a company.

However, compared to the current regulations, Law No. 13 of 2003 on Manpower, the award scheme for the award of the Omnibus Law for Job Creation has decreased.

In the Omnibus Act, the government also plans to abolish the scheme of termination of employment (PHK), in which the rights of workers to file a lawsuit with an agency for labor relations disputes are removed.

Also read: Reject job creation bill, workers union calls 5 million workers ready to strike