President: Please Go to the Constitutional Court
President Joko “Jokowi” Widodo has encouraged people who oppose the recently passed omnibus Job Creation Law to file a judicial review at the Constitutional Court.
President Joko “Jokowi” Widodo gives a statement regarding the newly approved omnibus bill on job creation at Bogor Palace, West Java, on Friday (9/10/2020).
President Joko “Jokowi” Widodo has encouraged people who oppose the recently passed omnibus Job Creation Law to file a judicial review at the Constitutional Court. Protests against the new law continue across the country.
BOGOR, KOMPAS - President Joko “Jokowi” Widodo has encouraged people who oppose the omnibus Job Creation Law, which was approved by the House of Representatives (DPR) last week, to file a judicial review at the Constitutional Court. The President emphasized that the law was made for the good of the people.
"If there is still dissatisfaction, please file a judicial review through the Constitutional Court (MK). It is in line with our administration system. So, if some people are still dissatisfied and oppose it, please submit a judicial review to the Constitutional Court, ” the President said during a virtual press briefing at Bogor Palace, West Java, on Friday (9/10/2020).
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It was the first statement made by the President on the omnibus law on job creation, which was approved by the House of Representatives (DPR) on Oct. 5. The passing of the controversial law was followed by massive protests across the country. Until Friday, the massive demonstrations still occurred in a number of regions. Before giving his statement, the President chaired a virtual Cabinet meeting to discuss the people’s response on the new law. All ministers and government took part in the meeting.
During the meeting, the President explained a number of objectives and benefits of the new law. The objectives, among others, are to promote structural reforms and accelerate economic transformation. The law is also intended to create jobs, which are now more urgently needed, especially in the midst of the Covid-19 pandemic
Constitutional path
The country’s two largest social organizations, Nahdlatul Ulama (NU) and Muhammadiyah, are among the organizations that have unveiled their plans to challenge the omnibus law on job creation at the Constitutional Court. "NU together with other parties will seek for justice through a constitutional mechanism by filing a judicial review to the Constitutional Court. In the current pandemic and amid efforts to break the Covid-19 transmission chain, taking legal action will be better and more respectful in seeking justice than staging demonstrations,” the secretary general of NU, Helmy Faishal Zaini, said.
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Workers clean up the mess at a Transjakarta bus stop in Pasar Senen, Central Jakarta, on Friday (9/10/2020) after a massive demonstration against the approval of the omnibus bill on job creation by the House of Representatives (DPR). A number of buildings were set on fire during the protests on Thursday (8/10/2020), including three Transjakarta bus stops, the former Grand Theater building and three shop-houses.
During the deliberation of the omnibus bill on job creation, the NU expressed opposition to a number of articles in the bill, especially those related to education. The NU said the education should not be fully commercialized because it includes basic rights that must be provided by the government. According to the NU, the efforts to attract investment should not neglect the workers\' basic rights. "NU can understand the concerns of the workers on the Article 81 of the Job Creation Law, which amends several provisions in Law No. 13/2003 on manpower. The elimination of an agreement on a maximum period of three years for contract workers (work agreement, Article 59) increases the risk of workers becoming temporary workers for the entire time they work in an industry, ”said Helmy.
According to the organization, the deliberation of the bill, which revised a wide ranges of provisions in 75 laws, requires patience, thoroughness, caution and wide participation of stakeholders.
The NU also regretted that the deliberation of the job creation bill was carried out hastily and the fact that the House seemed to be reluctant to receive people’s inputs regarding some sensitive issues in the bill. According to the organization, the deliberation of the bill, which revised a wide ranges of provisions in 75 laws, requires patience, thoroughness, caution and wide participation of stakeholders.
"In the midst of the pandemic, the passing of a controversial law, which has triggered the people’s resistance, is a form of bad state practice," said Helmy.
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Meanwhile, the secretary general of Muhammadiyah, Abdul Muti said that the organization might be among those that would test the job creation law at the Constitutional Court. However, before taking that step, Muhammadiyah will first study the content of the law.
"Muhammadiyah will still study the job creation law after it is officially enacted by the government. A judicial review will be conducted if there are articles that conflict with the 1945 Constitution and there are constitutional losses due to the implementation of the new law," he said.
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Students in West Nusa Tenggara (NTB) hold a demonstration against the approval of the omnibus bill on job creation in front the office of the NTB Regional Legislative Council (DPRD) in Mataram on Friday (9/10/2020). They called on President Joko “Jokowi” Widodo to cancel the ratification of the bill.
The deputy head of the House Legislation Body, Willy Aditya, claimed that the substance of the job creation law had been optimally discussed with stake holders.
"Go ahead, if anyone feels that the job creation law has not fulfilled their expectations. They can file a judicial review," he said.
Protests continue
On Friday, protests against the newly passed Job Creation Law continued in a number of regions. One of the protests was held in front of the office of the Regional Legislative Council (DPRD) of North Sumatra in Medan.
At least 77 academics and cross-university activists grouped under the “Mask” community have also expressed their opposition to the new law. They expressed their opposition in a written document titled “Citizenship Manifesto of the Republic".
One of those involved was Airlangga University lecturer, Airlangga Pribadi, who said the approval of the job creation law was a major blow to public sovereignty. The public is judged not to be placed in the foremost position in state life in accordance with the values of the 1945 Constitution.
Groups of students from Surabaya and other cities in East Java stage a protest in front of the office of the East Java Regional Legislative Office(DPRD) in Surabaya on Friday (9/10/2020). They opposed the approval of the omnibus bill on job creation.
Regarding the demonstrations against the new law in a number of areas, the head of the public relations division of the National Police, Inspector General Argo Yuwono, said as many as 3,862 people considered to be provocateurs of the protests had been arrested. They were arrested in a number of areas. "If they could prove they did not violate the law, we will send them home," he said.
A number of protesters were also injured during the demonstrations, according to Argo. But he denied that the police had overreacted. He claimed that the police had prioritized a persuasive approach.
Argo also promised to check on allegations of violence perpetrated by police officers against journalists covering the demonstration on Thursday.
Regarding the alleged violence, the Indonesian Journalists Association (PWI) asked the National Police Chief General (Pol) Idham Azis to investigate and take action against the police officers involved.
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A number of shop-houses are among buildings set on fire in Pasar Senen, Central Jakarta during a massive demonstration to protest the approval of the omnibus bill on job creation in Jakarta on Thursday (9/10/2020).
"Actions of individuals to destroy and take away journalists\' working tools, including torture and intimidation when covering an event are serious violations of press freedom," said PWI chairman Atal S Depari. (NTA/REK/EDN/DEA/NSA/AIK)
