The Manpower Ministry’s Director-General for Occupational Safety and Health Haiyani Rumondang testifying at the judicial review hearing of Law No. 11 of 2020 on Job Creation, Wednesday (10/6/2021). Photo by Humas MK/Ifa.
Wednesday, October 6, 2021 | 17:24 WIB
JAKARTA, Public Relations—The Ministry of Manpower didn’t draft the manpower cluster in the Job Creation Bill, said the ministry’s Director-General for Occupational Safety and Health Haiyani Rumondang responding to Constitutional Justice Saldi Isra’s question at the material judicial review hearing of Law No. 11 of 2020 on Job Creation virtually. Justice Saldi asked her whether the ministry had drafted the cluster on their own.
“In the process, we identified the substance of various crucial issues, which we noted and incorporated as important materials to reviewing the Job Creation Law. So, we used these materials as inputs and the drafters were not us, Your Honor. However, we were invited along with the Coordinating Ministry for Economic Affairs and the Ministry of Law and Human Rights,” she said at a hearing on Wednesday, October 6, 2021, which had been scheduled for six cases: No. 91/PUU-XVIII/2020, 103/PUU-XVIII/2020, 105/PUU-XVIII/2020, 107/PUU-XVIII/2020, 4/PUU-XIX/2021, and 6/PUU-XIX/2021. The hearing had been scheduled to hear three witnesses for the Government.
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Justice Saldi also asked whether the ministry submitted the revised draft of the bill to worker unions. Rumondang explained that the ministry didn’t submit it and the draft of its academic text. “We didn’t submit the draft of the academic text, but during the discussion, we prepared crucial issues that we had identified. That was our role in the discussion,” she answered.
She also explained that the Ministry of Manpower had informed worker unions the draft of the manpower cluster’s articles in a matrix. “The discussion would not have taken place without [the draft]. We informed it in a softcopy file in the form of matrix where we laid out article by article of the manpower cluster versus the Manpower Law to make it easier to understand,” she said.
Rumondang, who had testified for the case No. 105/PUU-XVIII/2020 when she was Director-General for Industrial Relations and Social Security (July 2015-November 2020), explained public participation in the drafting of the Job Creation Law, especially the manpower cluster.
“Since the state address by President Joko Widodo in October 2019, where he said he would draft the Omnibus Law on Job Creation, the Government, in this case the Ministry of Manpower, had carried out a series of activities aimed at identifying problems in the employment sector, such as the employment agreement made for a specified period of time (PKWT), outsourcing, wages, and layoffs,” she said.
At that time, the Government held dialogues with various elements, for example worker unions/labor unions (SPSB). Rumondang directly chaired the meeting involving SPSB on December 4, 2019 to discuss PKWT and outsourcing. Worker unions throughout Indonesia attended, including worker union confederations.
The meeting continued on December 18, 2019 to discuss the omnibus law on Job Creation as well as PKWT, outsourcing, minimum wage, layoffs, layoff compensation, and social security. Rumondang attended the meeting alongside legal practitioners and academics on December 16, 2019 in Tangerang.
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Constructive Inputs
Chairman of the All-Indonesia Workers Union Confederation (KSPSI) Yorrys Raweyai also appeared before the Court as the Government’s witness for case No. 103/PUU-XVIII/2020. “KSPSI as a confederation of worker union that houses 17 worker union federations always plays a role and actively participates as subjects of national development, especially in the context of building harmonious, dynamic, and just industrial relations,” he said.
Raweyai said that under that role, KSPSI provided constructive inputs for the tripartite meeting to discuss the manpower cluster of the Job Creation Bill: the monitoring of policies in legislative forums and the encouragement of public participation or participation of workers/labors to the sponsors of the Job Creation Bill to the House of Representatives (DPR).
“As KSPSI Chairman and House Commission II Chairman, I participated in the discussion and monitoring of the Job Creation Bill or the omnibus law intensively, especially after receiving the draft of the bill and its academic text,” he said.
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Raweyai revealed that on February 11, 2020 he attended a preliminary meeting at the Ministry of Manpower to discuss and monitor the process of the Job Creation Bill. The Decree of the Coordinating Ministry on Economic Affairs No. 121 of 2020 was handed out to the members or the team. At the meeting, the background and objectives of the team’s establishment and the agenda for the next meeting, set to discuss the work mechanism and schedule for the team and KSPSI, were explained.
Then, on February 12, 2020 in Jakarta, the second meeting took place. This time, the team agreed to form five discussion groups on the manpower substance of the Job Creation Bill: groups on foreign workers, work relations and working hour/break, wages, layoffs and incentives, and job loss guarantee.
Next, on February 18, 2020 in Jakarta, the team and KSPSI discussed the manpower substance in the bill in groups, each of which compared Law No. 13 of 2003 on Manpower to the bill article by article.
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Group on Wages
Beni Rusli, who also a tripartite member during the discussion of the manpower cluster, testified as a witness for the Government for case No. 4/PUU-XIX/2021. At the time, he was the Secretary-General of the National Executive Board of the Federation of National Worker Unions (DPN FKSPN) of 2015-2020.
“My involvement in the discussion of the Job Creation Bill includes attending the meeting to form five discussion groups on the manpower substance of the Job Creation Bill: groups on foreign workers, work relations and working hour/break, wages, layoffs and incentives, and job loss guarantee,” he explained.
He was with the group on wages. Elements of tripartite joined the group: the government, businesspeople, worker unions, etc. The meeting was heated because its members had different attitudes on the issues they discussed.
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Petition No. 91/PUU-XVIII/2020 was filed by Hakimi Irawan Bangkid Pamungkas and four other individuals. They believe the Court’s reasoning for the 45-day deadline of the formal judicial review is the swift confirmation and legal certainty of whether a law was formally legitimate or not as the review would repeal the law. Meanwhile, the petition No. 103/PUU-XVIII/2020 was filed by the Confederation of All Indonesian Labor Unions (KSBSI), represented by Elly Rosita Silaban and Dedi Hardianto. They filed for the formal and material judicial review of Articles 42, 43, 44, 56, 57, 59, 61, 61A, 66, and 88 of Law No. 11 of 2020.
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The Petitioners of case No. 105/PUU-XVIII/2020 are the chairman of the Garment and Leather Textile Workers’ Union Federation - All-Indonesian Workers Union Indonesia (PP FSP TSK-SPSI) Roy Jinto and 12 individual petitioners. They challenge the second part of Chapter IV of Law No. 11 of 2020 on Job Creation: Article 81 point 1 (Article 13 paragraph (1) letter c of Law No. 13 of 2003 on Manpower) on work training by the company’s work training department, and Article 81 point 2 (Article 14 paragraph (1) of Law No. 13 of 2003) that private work training agencies as referred to in Article 13 paragraph (1) letter b must meet the requirements of the regency/city government-issued business permit.
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The case No. 107/PUU-XVIII/2020 was by the Indonesian Farmers Union (SPI) and 14 other petitioners. They allege that the planning of the Job Creation Law didn’t meet the formal requirements of lawmaking and that it violates the principle of transparency. Its formulation didn’t involve the general public, instead only did a select few. Even the authenticity of the bill drafts that were disseminated to the public were uncertain. Meanwhile, The general chairman of the Federation of Chemical, Energy, and Mine Workers Union - All-Indonesian Workers Union Indonesia R. Abdullah along with 662 other petitioners challenge Law No. 11 of 2020 on Job Creation both materially and formally in the case No. 4/PUU-XIX/2021. The petition has the highest number of petitioners in the Court’s history.
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The Petitioners of case No. 6/PUU-XIXI/2021, Riden Hatam Aziz and three others, assert that the Job Creation Law doesn’t have legal certainty because its lawmaking process was formally defective. Therefore, in the petitum, they requested that the Court declare the law unconstitutional and repeal it.
Writer : Nano Tresna Arfana
Editor : Lulu Anjarsari P.
PR : Raisa Ayudhita
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 10/7/2021 09:26 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
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