Pros and Cons Continue on Omnibus Law

KOMPAS/AGUS SUSANTO

Factory workers strike on Tuesday (6/10/2020) at the MM2100 industrial complex in Cikarang, West Java. The workers are part of 32 labor unions and confederations that are planning to strike from 6 to 8 Oct. to protest the omnibus bill on job creation, which the House of Representatives and the government enacted on Monday.

Controversy continues to haunt the omnibus law on job creation. The polemic must take into account public safety and political stability as key considerations.

JAKARTA, KOMPAS — Controversy continues to surround the omnibus bill on job creation, which the House of Representatives passed into law on Monday (05/10/2020).

Mass protests have taken place in a number of regions against the law for a variety of reasons, among them because it is deemed to undermine workers\' rights. Online petitions rejecting the law and demanding room for public participation have also emerged.

Also read: Listen to the People

On the other hand, the government continues to insist that the spirit of the bill is to create more jobs, and is to soon complete drafting additional regulations for the immediate implementation of the law.

Maintaining public safety and political stability during the Covid-19 health emergency is a critical need amid the polemic on the variety of issues concerning the job creation omnibus law. In this regard, empathy and communication are urgently needed between the various sides arguing the law. At the same time, legal means to settle the dispute, such as by petitioning the Constitutional Court (MK) for a judicial review, could be a possible solution.

Judicial review

Regarding the possibility of a judicial review through the Constitutional Court, Trisno Raharjo, who chairs the Muhammadiyah law and human rights council, said on Tuesday (6/10/2020) that he was still studying the contents of the job creation bill that the House approved and passed into law on Monday. He was reviewing the law so that Muhammadiyah would be ready if it decided to submit a petition for judicial review to the Constitutional Court one day.

KOMPAS/MACHRADIN WAHYUDI RITONGA

Students march on Tuesday (6/10/2020) from Jl. Wastukencana to Jl. Tamansari in Bandung municipality, West Java. They were part of a mass rally involving thousands of students who marched from Jl. Diponegoro to the Pasupati overpass and then to Jl. Cihampelas to protest Monday’s enactment of the omnibus bill on job creation, which labor unions and activists have deemed a setback in workers’ rights and environmental protection.

"We are also ready to join other civil society groups that intend to request a judicial review," said Trisno.

The deputy chairman of the All-Indonesia United Workers Confederation (KPBI), Jumisih, said that the organization was planning to request a judicial review. It would finalize the necessary steps with the legal team of the Workers’ and People\'s Movement (GBBR).

Also read: House and Government Convinced

House Legislation Body (Baleg) deputy chairman Willy Aditya said that requesting a judicial review was a civil right that must be respected.

"Since 2003, Indonesia has [established] the Constitutional Court as a guardian of the

Constitution. If certain parties deem a particular law to be unconstitutional, the law can be submitted [to the court] for a review, both materially and formally. As can this job creation bill [sic]," he said.

According to constitutional law lecturer Zainal Arifin Mochtar at Gadjah Mada University (UGM), petitioning the Constitutional Court for a judicial review was one say to test the constitutionality of the job creation law or to have it amended. However, there were still other ways aside from this that could be taken, such as by asking the President to be firm in taking social action.

"The President can still take a stance against this job creation law. Even though the government proposed the [bill], the President can take a stance by not endorsing the job creation bill. This gesture will at least show that the President is still listening to the people’s aspirations,” said Zainal.

KOMPAS/KRISTIAN OKA PRASETYADI

A student holds up a poster opposing the Omnibus Law on Job Creation that calls it “the bill of the oligarchy”, during a student rally on Tuesday (6/10/2020) in Manado, North Sulawesi. The student protesters said they would continue their demonstration until the controversial law, which was passed on Monday, was revoked.

In addition, the public could engage in social movements such as demonstrations. However, the Covid-19 epidemic could be a constraint on such actions.

Mass rallies

Mass demonstrations protesting the job creation bill were held at around 1 p.m. on Tuesday at the West Java Legislative Council (DPRD) in Bandung Following speeches and theatrical performances, the demonstrators, mostly students, marched down Jl. Cikapayang to the Pasupati overpass and to Jl. Cihampelas, before turning onto Jl. Wastukencana and returning to the West Java DPRD.

A riot suddenly broke out at around 7 p.m. during the demonstration, which started out peacefully. The rioting mob attacked several public facilities, including road barries and the fences surrounding the West Java DPRD. One car belonging to the Bandung municipal police was also damaged.

Also read: The Political Dimension of the Omnibus Law

Bandung Police chief Sr. Comr. Ulung Samurna Jaya said local police had arrested 10 people suspected of provoking the riot and destroying public facilities during the incident.

"Our observation shows that the students disbanded at 6 p.m. The [people who rioted] was another group that deliberately provoked [a large mob action]," he said.

They gathered in the morning at the Puri Surya Jaya residential area in Gedangan district, which is located near many factories and warehouses.

Workers from several companies in Sidoarjo, East Java, have also taken to the streets to protest the job creation law. They gathered in the morning at the Puri Surya Jaya residential area in Gedangan district, which is located near many factories and warehouses. At around 11 a.m., the group of workers moved towards the Sidoarjo Legislative Council (DPRD).

Meanwhile, around 3,000 workers from the Magelang branch of the National Workers Union (SPN) in Central Java wrote a letter addressed to the House to express their concerns over the contents of the job creation bill. Magelang DPRD deputy chairman Suharno promised to convey their aspirations to the legislature.

Meanwhile, an online petition titled "Announcement from Indonesian Religious Leaders: Reject Omnibus Law and Open Room for Public Participation" was posted to Change.org on 5 Oct. 2020. The petition was initiated by six religious leaders: Busyro Muqoddas, Rev. Merry Kolimon, Ulil Abshar-Abdalla, Engkus Ruswana, Roy Murtadho and Penrad Siagian. By late Monday evening, the petition had garnered more than 1.2 million signatures.

Protection

Manpower Minister Ida Fauziyah said that the spirit of the job creation bill was to grow jobs and improve workers’ protection by establishing the unemployment fund (JKP), especially for workers who had been laid off or terminated (PHK).

"It is premature to conclude that the job creation bill [sic] will make it easier [for employers] to lay off workers," she said.

Also read: The Omnibus Law for the People

Ida said that the government would immediately complete drafting additional regulations to implement the job creation law and to convince workers that it would implement the mandate on workers’ protection.

KOMPAS/RONY ARIYANTO NUGROHO

A member of the Indonesian Muslim Workers Brotherhood (PPMI) holds up a poster on Tuesday (6/10/2020) during a mass rally on Jl. Raya Bogor in Cibinong, Bogor regency, West Java. The poster calls for mass protests against the job creation omnibus law from 5-8 Oct. 2020 at the Senayan legislative complex in Jakarta.

The additional regulations, which are generally in the form of government regulations (PPs), are needed because a number of important provisions in the job creation law, particularly those related to labor issues, require detailed regulations to be implemented.

The provisions to be covered in the government regulations include the terms and conditions, working hours and remuneration for workers on fixed-term contracts (PWKT; nonpermanent employees) and outsourced workers, as well as the mechanism of the unemployment fund and severance pay between employers and the state. The PPs will also regulate the procedures for calculating minimum wage as well as contain provisions on working hours and overtime. (REK/SYA/BOW/XTI/WER/EGI/MEL/NIK/RTG/AGE/KRN)