By : Anindira Putri Maheswani )*
Perppu Create Work indeed it has very much referred to the previous Law (UU), especially if it is felt that the provisions in the article are still very good and can be defended. However, on some thing , existence Perppu this Becomes an effort to improve regulations that previously existed.
President Republic of Indonesia (RI), Joko Widodo has officially issued a Substitute Government Regulation Law ( Perppu ) Number 2 of 2022 Concerning Copyright Work ( Ciptaker ) on the day Last Friday December 30, 2022. It is not without reason that this regulation was issued, because according to President Jokowi, the world is currently in a bad state.
It’s as if some people who don’t understand this think that the current situation in Indonesia looks normal and nothing happens. However, actually the country is still overwhelmed by many kinds of threats from global uncertainty.
Due to the existence of global uncertainty which also has an impact on various countries in the world including Indonesia, the Government of Indonesia immediately do publishing Perppu Create Work for replace existence of the Ciptaker Law previously officially declared as having conditional unconstitutional status by the Constitutional Court (MK).
Furthermore, the seventh President of Indonesia explained that the existence of many risks from global uncertainty had indeed become the basis for the Government ‘s consideration for Secrete Perppu Create work . According to him , with publication Perppu this so able to provide legal certainty to immediately fill the legal vacuum that occurred as a result of the Constitutional Court’s decision regarding the previous Job Creation Law.
and guarantee legal certainty , however existence Perppu Create Work will too very have an impact to enhancement the investment climate in the country, because according to President Jokowi the national economy in 2023 will be very dependent on investment and export activities carried out by economic actors both from outside and within the country itself.
There are other things that will be able to guaranteed when Perppu Create Work this was issued, namely according to the Minister of Manpower ( Menaker ), Ida Fauziyah that from the side employment , yes Perppu Create Work this can be strong evidence of the existence of protection carried out by the Government of Indonesia for all workers in Indonesia.
Besides that, himself add that Perppu Number 2 of 2022 is also said to be able to maintain business continuity in order to be able to answer all kinds of challenges in the development of the dynamics of employment in the country. In fact, Minister Ida emphasized that the substance of the workforce that had arranged in Perppu Create Work it is basically an effort to refine the previous regulation, namely the existence of Law Number 11 of 2020 concerning Job Creation which was stipulated by the Constitutional Court (MK) with conditionally unconstitutional status.
Minister of Labor state that so far the Government continues to try and try through various type the endeavor for Keep going can provide the best, including providing adaptive protection for all workers or need to be able to face various kinds of challenges in the world of work which is increasingly dynamic.
He added that there were several substantial points of employment that had been perfected on existence Perppu Create Work this . The first substance that has repaired is about provisions for outsourcing. It turns out that in the previous Job Creation Law, there was absolutely no regulation regarding the type of work that could be accepted outsourced . While very different with exists Perppu Number 2 of 2022 is because in it it has clearly stated that the types of outsourcing work are limited.
So, with these regulations with clear , according Menaker Ida that not all types of work can simply be handed over to the company for outsourcing. So that later, related to what types or forms of work that can be outsourced will arranged further details in Government Regulations.
The second thing that becomes an urgency will be how importance publishing Perppu Create Work this is in the context of perfecting and adjusting the calculation of the minimum wage received by workers or laborers. With the new rules, the minimum wage is calculated by taking into account many things, including how the economy grows, the inflation rate up to a certain index. The entire formula for calculating drinking wages and the index that will become the reference will be regulated in the existence of a Government Regulation (PP).
So it is very clear that there have been many efforts made by the Government of Indonesia in order to continue to make improvements to the existence of the previous Job Creation Law which was conditionally unconstitutional as stipulated by the Constitutional Court through publishing Perppu Create Work signed by President Jokowi. In addition, there are not a few articles that read very well which have also referred to the previous Law (UU).
)* The author is a contributor to Persada Institute
