By: Edi Jatmiko )*
The Omnibus Law of the Ciptakerja Bill, which previously faced opposition, is now starting to get a light. The easing of this conflict was marked by an understanding between the DPR and the Workers regarding a number of articles in the Ciptaker Bill.
The Omnibus law Ciptaker, especially the work copyright cluster, was in quite a debate, but finally good news was heard with a meeting point between the drafting team consisting of the labor union and the DPR regarding the discussion of the omnibus law on the Job Creation Bill. This also received appreciation from a number of parties.
One of them is Jajat Nurjaman who is the Executive Director of the Nurjaman Center for Indonesia Democracy (NCID), he appreciates that the DPR’s step in accepting input from the Labor union regarding the Job Creation Bill is a step forward in discussing the legal umbrella for the broom.
With a healthy space for dialogue, Jajat is optimistic that the day’s agreement will benefit both parties. So that the law that will be born can provide benefits to the community.
Jajat said, it is important to prioritize the principle of benefit in a rule so that it can foster a sense of justice in society. Fair in this context does not mean the interests of a group, but social justice for all people as mandated by the constitution.
He said that the DPR as the people’s representative must provide guarantees for the parties they represent. The accommodated inputs from Labor unions related to the Job Creation Bill are expected to have a positive impact on the deliberation process of the Job Creation Bill.
Meanwhile, the Standing Committee on Manpower of the Indonesian Chamber of Commerce and Industry (Kadin), Bob Azam, said that the understanding between workers and the DPR is a process of absorbing the aspirations of the community in deliberating a law.
The result of this understanding is even considered by Bob to accelerate the discussion of the Job Creation Bill.
Bob said that this understanding was reasonable as a means of capturing community groups as aspirations in the formation of a law.
He said the process of absorbing people’s aspirations by the DPR was not only carried out with the labor union.
Collecting aspirations is also carried out by the government, in this case the Ministry of Manpower together with elements of entrepreneurs and elements of labor through a tripartite team which has been carried out some time ago.
Bob also said that currently it is necessary to carry out a transformation of the labor law so that it can create jobs as an effort to realize the ideals of the proclamation stated in the preamble to the 1945 Constitution. This is done so that the labor sector can adapt to changes that occur.
With this space for dialogue, the President of the Confederation of National Workers Unions (KSPN), Ristadi said that so far there needs to be an alignment of the perception that labor unions or labor unions totally reject the Job Creation Bill.
Ristadi emphasized that so far there have been no trade unions or labor unions that have disagreed with easing investment licensing, cutting bureaucracy, as well as low business licensing costs and a certain time frame for a permit application.
He said that in the employment cluster the Job Creation Bill also contained a clause that was never disclosed to the public. Namely there are three new clauses which in the Manpower Law Number 13 of 2003 have not been regulated.
The three new clauses in the Job Creation Bill are, compensation money for contract workers or PWKT, job loss guarantees and an award given to workers with a work period of 3 – 6 years while they are still working.
Ristadi also revealed the facts about labor conditions in Indonesia, that currently what KSPN gets is the results of 23 cities in Industrial Districts in Java Island.
According to data from KSPN, until now there is not a single company in Indonesia that 100% implements work norms. So that many workers have reached a ten-year working period but their status is still contract employees, whereas in the current Manpower Act, contract workers have a maximum time limit of only 3 years.
He also admitted that at this time, the phenomenon of contract workers was getting bigger, which he admitted could not be stopped.
Apart from that, there are still companies that are unable to pay the minimum wage, such as in suburban areas mainly in the labor-intensive sector.
With the omnibus law of work copyright, of course, protection and welfare can be increased. In addition, the omnibus law is also a guarantee of welfare so that when investment grows the economy also grows but does not neglect the welfare of workers.
)* The author is a contributor to the Indonesian Institute for Strategic Information Studies