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Unions brave police threat to protest jobs law

The nationwide strike was largely concentrated in the industrial areas where the workers are employed, with the workers urged to stage their protest in compliance with health protocols to prevent COVID-19 transmission.

Marchio Irfan Gorbiano and Nina A. Loasana (The Jakarta Post)
Jakarta
Wed, October 7, 2020

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Unions brave police threat to protest jobs law

T

he passage of the controversial omnibus bill on job creation on Monday in a House of Representatives plenary session has been met with widespread opposition from labor groups and civil society organizations, despite the risk of coronavirus transmission and the threat of a crackdown from the National Police.

The Confederation of Indonesian Trade Unions (KSPI) had said that around 2 million workers representing 32 labor unions would take part in mass rallies to express their opposition to the passage of the omnibus bill across Indonesia.

“As of today, we ask the permission [of the authorities and factory owners] for these three days to use our constitutional right [to express] our strong rejection of the passage of the job creation bill,” KSPI president Said Iqbal told The Jakarta Post on Tuesday.

He said the nationwide strike was largely concentrated in the industrial areas where the workers were employed, adding that he urged the workers to stage their protest in compliance with health protocols to prevent COVID-19 transmission.

The chairman of North Sumatra’s Federation of Indonesian Metal Worker Unions (FSPMI), Willy Agus Utomo, told the Post on Tuesday that about 2,000 workers from 40 companies in Medan, Deli Serdang, Serdang Bedagai and Labuhan Batu took to the street to protest the new law. “We will continue until Oct. 8,” he said.

“Workers certainly are afraid of COVID-19, but we are more scared of the omnibus law, which would kill workers slowly,” said one of the workers, Kamal.

Previously, the National Police chief had issued an internal circular to “counter” protests against the law by carrying out “cyber patrol” and “media management” to control the narrative. The police had also called for early intelligence gathering to detect opposition within labor groups and the general public to prevent mass protests, claiming that such events could lead to “anarchy” and “social conflicts” in regions across the country.

Nining Elitos, the chairwoman of the Congress Alliance of Indonesian Labor Unions (KASBI) said she regretted that the Job Creation Law was passed despite there being other pressing needs that the government should pay attention to.

“During the COVID-19 pandemic, the government should give their attention to the issue of unilateral lay-offs suffered by workers. The House […] should also oversee [the use of the government’s] budget to handle COVID-19 and recover the economy,” said Nining. “Why, in this difficult time, [has the government and the House] placed more importance on passing a far-reaching regulation that affects many sectors?”

The KSPI’s Said and All-Indonesia Workers Union Confederation president Andi Gani Nena Wea met with President Jokowi on Monday in a closed-door meeting. Said said the meeting took place after Andi reached out to the President to express the labor group’s position on the bill.

The meeting, which took place on the same day as the House’s plenary session to pass the bill, had invited speculations that it was part of the government’s effort to win over the labor groups’ support for the bill, which Said denied.

The KSPI president said that during Monday’s meeting, he and Andi had expressed their objections largely centered on 10 issues, which include the reduction of severance pay and the removal of the sectoral minimum wage (UMSK).

“We deem the Job Creation Law to contain articles that could not be implemented in reality, to the detriment of workers. For example, the unemployment insurance [JKP], which will contribute to the final amount of severance pay for laid-off workers, that will be handled by the Workers Social Security Agency [BPJS Ketenagakerjaan],” said Said. “How will such a scheme be implemented?”

According to the law, employers could pay a maximum of 19 times the monthly salary, and an additional six times the monthly salary will be paid by the government through the JKP scheme. The JKP scheme will be managed by BPJS Ketenagakerjaan.

Article 46E of the bill stipulates that the source of funds for the JKP scheme, which has yet to be established under the country’s social security system, will come from the government, workers' premiums and BPJS Ketenagakerjaan operational funds.

Indonesian Employers Association (Apindo) chair for employment and social protection Harijanto, meanwhile, insisted that the cost of the JKP scheme would be borne exclusively by the government, not the employers or the employees.

“There are idle funds managed by BPJS Ketenagakerjaan, which receives premiums paid by employers and employees. Not all of the funds [managed by BPJS] are going to be claimed [by workers],” said Harijanto on Monday, who also participated in a tripartite forum between government, businesses and labor groups when discussing the bill. “The funds are available. It is up to the government to think about allowing it to be reallocated [for JKP].”

Apindo chairman Hariyadi Sukamdani welcomed the passage of the bill, telling the Post on Monday that he hoped it would ensure more equitable economic growth for the country going forward.

“We hope this is a new beginning to boost our economic growth and to make it more equitable in the future,” said Hariyadi. “More equitable economic growth means that jobs can be created in large number, therefore the [benefits] of the economic growth can be enjoyed as widely as possible.”

Amnesty International Indonesia executive director Usman Hamid called the law “catastrophic” as it would harm the workers’ income, job security and their human rights.

He said the new law might also breach the prohibition of retrogression principle in the International Covenant on Economic, Social and Cultural Rights (ICESCR), especially because the law’s unclear provisions on minimum wage and working hours did not meet ICESCR requirements.

Indonesia has since 2006 been a participant of the ICESCR, which was adopted by the United Nations in 1966.

“The law threatens human rights and will have a regressive effect on human rights in Indonesia, [in particular] on the right to work and rights at work,” said Usman in a statement on Monday. "The law will give employers dangerous leeway to massively exploit workers across the country.”


Apriadi Gunawan contributed to this story from Medan.

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