By: Dina Kahyang Putri )*
Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation has been signed by the Indonesian government. The regulation also provides benefits for workers with the aim of increasing welfare, justice, prosperity to a decent life for all Indonesian people.
One of the Perppu Cipta Kerja was issued to follow up on the decision of the Constitutional Court (MK) and also to consider other aspects. These aspects include the increasingly uncertain global economic conditions and also how the world’s geopolitical conditions are due to the conflict between Russia and Ukraine which is still ongoing today.
The urgent conditions forced President Jokowi to issue regulations that were able to overcome and anticipate so that Indonesia would not be threatened, especially in the economic aspect.
For information, there are several changes and/new points that have been included in this Job Creation Perppu. Included in the employment cluster Article 88D states that the formula for calculating the minimum wage takes into account many other variables such as economic growth, inflation and also certain indices in the country.
Not only that, but in the new article, namely in article 88F, it is also stated that in certain circumstances, the government can determine the formula for calculating the minimum wage as set out in Article 88D paragraph (2).
Regarding this matter, the Head of the Bureau of Public Relations (Humas) of the Ministry of Manpower, Chairul Fadhly Harahap stated that the purpose of the article which mentions ‘under certain circumstances’ is to consider various other aspects comprehensively, including how the economic and social conditions in Indonesian society.
Of course, with this new article, which makes it possible to make regulations on different minimum wage setting formulas, it really aligns the interests of all parties, especially when facing certain situations so that the rights of workers can still be guaranteed and granted by the parties. company.
Even though there are articles that allow for differences in minimum wages when faced with certain situations, it does not mean that the Indonesian government will continue to issue regulations on formulas for setting minimum wages that differ every year, but that the government will also continue to consider various kinds of conditions and what it will be like. prospects for the socio-economic conditions faced by this nation.
According to Chairul, when the conditions for economic growth in the country are good, and the inflation rate is very controlled, it is impossible for the government to immediately adopt the provisions for changing the minimum wage.
Broadly speaking, the Job Creation Perppu does stipulate that the wage policy imposed by the central government is one of the efforts to realize the rights of workers or laborers to a decent living for humanity.
Meanwhile, Airlangga Hartarto as the Coordinating Minister for the Economy, stated that the issuance of the Job Creation Perppu is indeed urgent, because currently the economic conditions in Indonesia will face various threats such as the threat of a global recession to high economic uncertainty.
So with these many threats, of course all of them are the basis for the consideration of the Government of Indonesia, which really needs to immediately accelerate anticipation of these various global conditions so that Indonesia can avoid the adverse effects of the global recession, rising inflation and the threat of stagflation.
It should be noted, the Ministry of Manpower (Kemnaker) emphasized that the provisions for giving compensation money to contract workers/laborers remain in force in the Job Creation Perppu.
This assertion aims to straighten out information that has developed beyond the issue of the loss of compensation money for contract workers.
Provisions for compensation for contract workers themselves are regulated in Article 61 A of Perppu Cipta Kerja Number 2 of 2022, which was issued on 30 December 2022.
In Article 61 paragraph 1 it reads: In the event that a work agreement for a certain time expires as referred to in Article 61 paragraph (1) letters b and c, the Employer is obliged to pay compensation money to the Worker/Labourer.
Meanwhile, the Job Creation Perppu revived the provisions of Article 64 of the Manpower Law. Article 64 is a regulation that companies may only outsource workers for some jobs and may not for all types of work.
Previously, in Job Creation 2020, the provisions of article 64 were abolished, which meant companies could outsource all types of work, without any restrictions on certain types of work, previously only supporting jobs.
This outsourcing legal reconstruction is of course very beneficial for workers. Because, with this legal reconstruction, companies are prohibited from outsourcing all types of work. Only certain types of work may be outsourced.
The Job Creation Perppu is a legal product that should be passed, changes to the substance of the Ciptaker Perppu legislation actually provide benefits for workers/laborers, so that company owners cannot arbitrarily make policies such as wages or policies related to outsourcing.
)* The author is a contributor to Persada Institute
