Expert: State Must Fulfill Workers’ Basic Rights

Amalinda Savirani testifying at a material judicial review hearing of Law No. 6 of 2023 on Job Creation as an expert for the Petitioners, Monday (7/8/2024). Photo by MKRI/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law on Monday, July 8, 2024 in the plenary courtroom. The case No. 168/PUU-XXI/2023 was filed by the Labor Party, the Indonesian Metal Workers Federation (FSPMI), the All-Indonesia Workers Union Confederation (KSPSI), the Indonesian Labor Union Confederation (KPBI), the Confederation of Indonesian Trade Unions (KSPI), and two laborers—Mamun and Ade Triwanto.

At the on-site hearing, a sociopolitics lecturer at Gadjah Mada University Amalinda Savirani, who the Petitioners presented as an expert, said the working class is not merely providers of labor in exchange for wages, but also citizens whose labor rights must be guaranteed. The working class are citizens, and the state has an obligation to fulfill their basic rights.

“Issues of the working class, labor issues, cannot be separated from the macro-context of de-industrialization,” she stressed.

She said the contribution of the industrial sector to state income is constantly decreasing. The concrete effect of de-industrialization, she added, is where decreasing contribution of the manufacturing sector to state income.

“There is a continuous pressure on the manufacturing sector or processing sector characterized by a continuous reduction in the sector’s contribution to the state,” she emphasized.

She explained that a view of Indonesia’s current macro-economy is needed in the discourse on the challenges against the Job Creation Law by the labor sector. In addition, Indonesia cannot ignore the demographic trend of increase in the population of younger workers who will enter the workforce. The formulation of the Job Creation Law without sensitivity to the welfare of this group of workers will greatly result in a vulnerable working class.

“If we are not careful in determining or regulating this manpower law, we will also contribute to the [grim] future of the younger generation in Indonesia. So, these two contexts—the economy and demography—are very important to be considered by the constitutional justices regarding the revision of this Law,” she asserted.

In her written statement, Amalinda also said that the state plays a central role in fulfilling the social and economic rights of the working class to become full “citizens” through which they can realize their full potential as citizens. “The state is obliged to regulate their rights and welfare,” she emphasized.

Also read:

Labor Party, Workers Unions Challenge 12 Clusters of Job Creation Law

Labor Party Reduces Articles, Strengthen Reasons Why Job Creation Law Unconstitutional

Govt Unprepared, Court Delays Hearing for Job Creation Law

Govt: Work Agreement and Outsourcing Provisions in Job Creation Law Protect Workers

The Petitioners challenge 12 clusters, 3 articles, and 50 norms in the Job Creation Law. The clusters include provisions on job training institutions; workers’ placement; foreign workers; non-permanent contract or work agreement for a specified time (PKWT); outsourced workers; working time; leave; minimum wages and wages; termination of employment (PHK); severance pay (UP), reimbursement of rights (UPH), and long service award money (UPMK); elimination of criminal sanctions; and social security. They believe the articles do not reflect fair legal guarantees and protection for workers and, thus, contradict Article 28D paragraph (1) of the 1945 Constitution.

Therefore, in 93 points of their petitum, the Petitioners request the Court to declare the “semicolon (;)” and the word “or” after the phrase “private job training institutions” in Article 81 point 1 of Law No. 6 of 2023 that changed and stipulated the provision of Article 13 of Law No.13 of 2003 on Manpower unconstitutional and not legally binding, so that Article 13 paragraph (1) letter b will read: “b. private job training institutions.” They also request that the Court declare Article 81 No. 3 of Law No. 6 of 2023, which amends and stipulates Article 37 paragraph (1) letter b of Law No.13 of 2003 on Manpower unconstitutional and not legally binding if not interpreted as “legal entity private worker placement institutions.”

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

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.

Monday, July 08, 2024 | 13:38 WIB 26