By: Samuel Erlangga )*
The Government and the Parliament continue to work together in simplifying regulations through the Omnibus Law Cipta Karya. In addition to facilitating investment, the Omnibus Law Cipta employment is also believed to be able to increase protection for local employment.
Amid three serious economic threats in 2020, which are still sluggish economic predictions, a trade balance deficit and a balance of payments deficit, and in an effort to boost investment, reduce imports and accelerate exports, one of the government’s solutions is to submit an Omnibus law bill related to the creation employment.
Omnibus law is needed to cut the overlaps of regulations, so this effort needs to be supported even though the government and the House of Representatives must keep the Omnibus law not as a “cushion” for naughty entrepreneurs, because if this happens market mistrust and society will strengthen.
Omnibus law is a law (Act) created to resolve major issues by revoking or amending several laws at once, so that it becomes simpler. The government is developing an omnibus law whose ultimate goal is to encourage national economic growth, one of which is the Omnibus Law Cipta Karya.
Omnibus Law Employment Creation is designed to create as many jobs as possible for the people of Indonesia, protect Micro, Small and Medium Enterprises (MSMEs), encourage the growth of MSMEs, encourage investment growth, and encourage exports. All provisions concerning. There are 11 major areas related to 74 laws that must be considered to look for laws that hamper, then they will be improved.
Important points of the Omnibus Law in job creation are changing the procedures for wages and labor pengason; Simplification of business licensing; Imposing administrative sanctions and eliminating criminal sanctions; Ease and legal protection; Research and innovation documents; Ease of government projects; Convenience at KEK.
The wage system is based on work hours as a form of certainty in the provision of wages for productive workers so as to trigger innovation and a high work ethic of workers. Finally, as a breakthrough in the innovation of the labor sector, which had not yet had certain rules regarding the relationship between workers and MSMEs, the Employment Copyright Bill will also regulate the relationship between workers and micro, small and medium enterprises (MSMEs) based on work agreements. At present, there are two types of work agreements that are regulated in Law Number 13 Year 2003 concerning Manpower, namely the Specific Time Work Agreement (PKWT) and the Unspecified Time Work Agreement (PKWTT).
The emergence of Omnimbus Law that touches in the labor sector as a form of real work and the responsibility of the government is looking at the climate change of workers in the era of industrialized technology that would need to be fast for execution and adaptation so that workers and workers can be protected.
In addition, the Omnibus Law Employment Creation prioritizes the recruitment of local workers who will take part in Indonesia’s economic growth. This can be realized with the ease of investment licensing so that opportunities for local employment will be even greater.
The omnibus law discussion offered by the government and the concern of workers and laborers is the certainty of workers with employment relationships based on a Specific Time Work Agreement (PKWT) or contract workers, obtaining the same rights and protections as a permanent worker or an Indefinite Time Work Agreement (PKWTT). The rights include: the right to wages, social security, protection of occupational safety and health, and the right to terminate or terminate employment.
In addition, the Government ensures that workers affected by Termination of Employment (PHK) continue to get laid off compensation in accordance with the provisions. In addition to receiving compensation for layoffs, workers who were laid off also received social security protection in the form of a Job Loss Guarantee (JKP).
So there is no effort to integrate the working community in Indonesia, on the contrary, economic growth is harmonized with maximum protection for Indonesian workers and local workers.
)* The author is a social political observer