By: Diding Jalaludin)*
Newly subsided pros and cons of the cancellation of hundreds of local regulations which is considered will hamper development acceleration by the Minister of Home Affairs. Public is now offered back with the pros and cons of Aceh Governor regulations about exclusive breastfeeding and the right to leave entitlements for six months for female civil servants in the province of Aceh.
The regulations contained in the regulations of the governor of Aceh No. 49 of 2016, has good intentions and a special concern for the mother and baby that a mother will focus on providing breastfeeding exclusively for the baby. besides, This regulation is based on Law No. 11 of 2006 which Aceh has special authority to control the government. perhaps on the basis of things that H. Zaini Abdullah as the governor of Aceh implement new regulations for civil servants in the Aceh province.
But the Aceh Governor Regulation No. 49 in 2016 conflicts with Regulation No. 24 of 1976 on vacation for civil servants, of which Article 19 paragraph (3) regulated that the right to leave for civil servants who gave birth just three months, one month before giving birth and two months after give birth. Besides this contradiction with Regulation no 13 of 1976, a new regulation that Aceh was signed on 12 August 2016, contrary to Law No. 13 of 2003 on Employment. Article 82, for example, states that the right to leave for civil servants in the time of childbirth is only 3 months, 1.5 months before childbirth and 1.5 months after childbirth.
Indeed, we can’t deny if you see article 1, paragraph (2) of Law No. 11 of 2006 that Aceh is a special autonomy region and given the authority to manage his administration in accordance with the laws and principles of the Republic of Indonesia as stated in the 1945 Constitution. In addition to Article 1 paragraph (2), article 7 paragraph (2) also stipulates that Aceh’s authority to determine its policy for not enter the domain of the central government, which includes government affairs which is national, foreign policy, defense, security, justice, monetary and national fiscal and affairs particular in the field of religion. Thus the province of Aceh can’t be equated with other provinces generally use Law No. 32 of 2004 on regional autonomy.
However considering civil servants (PNS) is a unit of employees nationwide will be more elegant if Aceh Regulation on maternity leave pay attention to Law No. 13 of 2003 and Government Regulation No. 24 of 1976 so that the regulation does not conflict with the laws of a higher order and so no jealousy among fellow civil servants in Indonesia. Moreover, if the regulation was enacted, would not hamper the productivity levels of civil servants to work? Otherwise hamper please be enacted, but if the regulation is hampering the performance and productivity of civil servants, it should be the minister will cancel it.
)* The author is CIDISS contributor
