Labor Demonstration Is Irrelevant, Job Creation Law Proven to Protect Workers
The demonstration carried out by workers in front of the Constitutional Court (MK) building during the reading of the trial decision regarding the judicial review of the Job Creation Law on October 2 is completely irrelevant. The reason is that the existence of these provisions is able to provide protection to the workers or laborers themselves in facing all kinds of dynamics that occur.
It is known that the Labor Party and the Confederation of Indonesian Trade Unions (KSPI) will hold a large mass action when the verdict is announced by the Constitutional Court regarding the judicial review of Law no. 6 of 2023 concerning Job Creation, namely on Monday, October 2 2023.
Regarding this matter, the President of the Labor Party, Said Iqbal, stated that the Constitutional Court Building would become a sea of people, where a large number of people would stage an action, which they would come from in the areas of Jakarta, Bogor, Depok, Tangerang and Bekasi (Jabodetabek). They claimed that this action would risk the future fate of the workers.
In fact, in fact, all the actions, including demonstrations that the workers want to hold, are completely irrelevant and actually do not need to be carried out at all, especially if they involve large crowds which actually have the potential to bring about many negative things, including things like acts of provocation or anarchism.
Apart from that, substantially what was put forward and demanded by the workers and laborers in the demonstration was completely inconsistent with the reality on the ground. How could it not be, because the Job Creation Law itself is an effort by the Government of the Republic of Indonesia (RI) to improve the welfare of workers or laborers in the country.
So, their claim that it seems they will continue to move towards risking the fate of workers in the future to make it better, has all been answered in the ratification of the regulations, the decision of which will be announced by the Constitutional Court.
Then in employment itself, with the existence of Law no. 6 of 2023 concerning Job Creation is also clear evidence and concrete results of the Indonesian Government’s strong commitment to continue to provide protection for workers and also business continuity in order to answer the challenges of how employment dynamics develop.
Regarding this matter, the Minister of Manpower (Menaker), Ida Fauziyah said that the substance of employment itself which has been regulated in the Job Creation Law which has just been passed and will be announced by the Constitutional Court is basically the result of improvements to previous regulations, namely Law Number 11 2020 concerning Job Creation.
With the improvement of the employment substance contained in Law no. 6 of 2023 concerning Job Creation is an effort or effort from the Indonesian Government to be able to provide adaptive services for workers or laborers so that they face increasingly dynamic employment challenges in this day and age.
Several points that have been refined from the previous Job Creation provisions are, first, regarding the outsourcing provisions . Because it turns out that if you look at Law no. 11 of 2020 concerning Job Creation, the old one does not regulate any restrictions on the types of work that can be outsourced.
It is clearly very different when compared to the implementation of Law no. 6 of 2023 concerning Job Creation, types of outsourcing work are limited. So, with this arrangement, not all types of work can be simply handed over to outsourcing companies.
So, with this clear regulation, the types or forms of work that can be transferred will be regulated much more clearly and strictly through the issuance of government regulations.
Then the second point of positive value is the ratification of Law no. 6 of 2023 concerning Job Creation is a refinement and adjustment to the calculation of the minimum wage, where the minimum wage will be calculated by taking into account economic growth, inflation and also certain indices.
In the provisions of the new Job Creation Law, it is emphasized that the governor is obliged to determine the Provincial Minimum Wage (UMP) and can also determine the UMK minimum wage if, for example, the results of calculating the UMK are higher than the UMP, so that from this regulation, the Governor is given the authority to be able to determine MSE.
Furthermore, the third point will be the efforts of the Indonesian Government to provide confirmation regarding the obligation to implement a wage structure and scale by employers for workers or laborers who have worked for one year or more.
It is very clear that the Indonesian Government is very pro-workers or laborers by making efforts to continue to improve their welfare, through the issuance and ratification of Law no. 6 of 2023 concerning Job Creation because it has provided a lot of protection to workers, especially in dealing with how employment dynamics occur.