KSBSI Urges the RUU KIA to Involve Public Participation and Does Not Contradict Other Laws

ACVCSCASIA.ORG, JAKARTA – The Confederation of All Indonesian Trade Unions (KSBSI) urges The Republic of Indonesia’s House of Representatives and the Indonesian government that the Draft Law (Rancangan Undang Undang (RUU)) on Mother and Child Welfare (Kesejahteraan Ibu dan Anak (KIA)) involves public participation and does not overlap with other laws (Undang-Undang (UU)), especially the Labor Law.

The RUU KIA is considered to legitimize gender-based domestic roles for women. KSBSI President, Elly Rosita Silaban said, “The Republic of Indonesia’s House of Representatives and the government as a regulator must involve public participation in the discussion of the RUU KIA, so that it does not cause polemic in the community.” said Elly during a press conference commemorating world women’s day or International Women’s Day (IWD) at the KSBSI Office, Cipinang Muara, Jakarta, Wednesday (8/03/2023).

He emphasized that, the RUU KIA must also focus on regulating the welfare of mothers and children only, and not overlap with other laws, especially the Labor Law.

Concerning the provisions governing ‘Working Mothers’ as contained in the RUU KIA, this matter should ideally be specifically regulated in the Manpower Law or the government can ratify ILO convention 183 concerning maternity protection.

KSBSI analyzes that the RUU KIA which is predicted to be able to reduce the stunting rate in Indonesia. However, after reading and reviewing this RUU, it does not clearly and unequivocally stipulate. As in the General Provisions Chapter, which does not set out in detail the definitions for the articles of the RUU KIA.

Then the RU KIA is also considered to overlap and conflict with other laws and regulations. In article 82 of Law no. 13 of 2003 concerning Manpower stipulates 3 months of maternity leave, whereas in Article 4 paragraph 2, the RUU KIA stipulates 6 months of maternity leave. It should be remembered that the regulations on the Job Creation Law have created a contractual work relationship in which at any time, every month or every three months the entrepreneur can declare the contract ends. Therefore every time a working woman becomes pregnant, employers can lay off workers. This regulation is considered to only reduce sustainable employment opportunities for women. The critical question is, is the grand narrative of giving protection to working women through giving 6 months maternity leave only limited to political propaganda ahead of the 2024 Election?

Furthermore, Law no. 2 of 2004 concerning the Settlement of Industrial Relations Disputes has regulated mechanisms in the Institution for the settlement of disputes between workers/laborers and employers through bipartite, mediation and industrial relations courts up to cassation to the Supreme Court. Meanwhile, article 5 paragraph 3 of this RUU stipulates that if working mothers do not get their rights, the mechanism for settlement is carried out by the central government and/or regional governments. Likewise with regard to supervision carried out by the central and regional governments in accordance with article 8, this RUU. This will conflict with what is carried out by inspectors in the field of labor who are at the Ministry of Manpower and the Provincial Manpower Office.

Based on the above matters on the commemoration of World Women’s Day on March 8 2023, KSBSI made recommendations for the issuance of the RUU KIA as follows:

1. The Mother and Child Welfare Bill (RUU KIA) should focus more on regulating the welfare of mothers and children. Regarding working mothers, let it be regulated, let it be regulated in laws and regulations in the field of Manpower.

2. If the government is serious about providing protection for women (working mothers), the government should ratify the ILO Convention 183 concerning Maternity Protection.

3. The Republic of Indonesia’s House of Representatives and the Government must involve public participation in deliberating this bill, so that the matters regulated are clear, do not overlap and do not conflict with other laws.

In addition to holding a press conference, KSBSI is also ready to provide direct input in the form of letters or position papers to the DPR RI and the Government in accordance with KSBSI’s recommendations. This is the KSBSI press release. (**)

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