ACVCSC.ORG, JAKARTA – Director of the Asia Pacific International Trade Union Confederation (ITUC) Patuan Samosir supports the steps taken by three major confederations in Indonesia namely the Confederation of All Indonesian Trade Unions (KSBSI), Confederation of Indonesian Trade Unions (KSPI) and Confederation of All Indonesian Trade Unions Andi Gani Nena Wea (KSPSI AGN) which firmly rejects the enactment of the Job Creation Perppu which is rumored to be approved by the Indonesian Parliament to become a Law at the Working Committee meeting with the DPR Legislative Body next week.
“On this occasion, we provide full support for what our friends are fighting for. Not only the three confederations but all Indonesian trade unions and labor unions because it was very clear what Bung Andi said earlier that indeed if this Perppu will be passed into law law through the plenary session of the DPR is very clear in our analysis it will threaten democracy, economic growth and basic labor rights,” said Patuan Samosir during a press conference of the three major Indonesian confederations, KSBSI, KSPSI and KSPI entitled “Perppu Cipta Kerja Threatens Democracy, Economic Growth and Basic Labor Rights” which was held at the Atlet Century Park Senayan Hotel, Jakarta, Thursday (9/3/2023).
Patuan Samosir said that his party at the international level had underlined one principal matter in particular, that Indonesia had ratified the ILO 1464 convention. This convention specifically concerns tripartite consultations.
“So actually this [tripartite consultation] is very important for Indonesia to ensure that there is an adequate consultation process. So between the government and then trade unions and also employers’ organizations.” he explained.
According to him, ITUC paid close attention to what the 3 confederations conveyed, that the tripartite consultation was inadequate. So that the spirit of democracy, the spirit that is in the 144th convention which has been ratified by the Government of Indonesia, in practice does not run that ideal.
“Therefore, we concretely also ask, in particular, for international labor organizations to immediately provide technical assistance and advice related to international labor standards relating to the employment cluster. Of course there are various analyzes there,” said Patuan.
From the 2003 law until now, said Patuan, many things were not in line with international labor standards.
“So I think this is an important pressure for us to say that the ILO must take an active role to push for some kind of technical assistance, then also provide advice to the government, as well as to other constituents to ensure that international labor standards must be properly accommodated,” he insisted.
Lastly, said Patuan, he underlined that the government also has a good commitment to listen to various aspirations from ministerial stakeholders.
“Therefore, we as the International Trade Union Confederation hope that there will be opportunities for negotiation space, space for social dialogue, so that what is deadlocked, what is not achieved in the negotiations can be renegotiated again, so that we can find common ground. I believe and believe that the spirit of social dialogue must be something that is put forward.” he explained.
“So finally, we, the International Trade Union Confederation, take this opportunity to convey our full commitment to supporting our friends’ struggles. We will also carry out international campaigns to support our friends’ struggles in Indonesia.” concluded the Director of ITUC Asia Pacific.
Previously, KSBSI President Elly Rosita Silaban emphasized that the three major confederations had made a joint agreement which essentially rejected the Job Creation Perppu.
“This is our attitude, there is no different attitude from Bung Andi, Bung Iqbal and myself. The point is we reject this Perppu. We strongly reject it and hopefully the government and parliament will never pass this Perppu. Because that is what we are trying right now,” said Elly.
KSPSI President Andi Gani Nena Wea added, apart from firmly refusing, it is also possible that the three largest Confederations of Trade Unions in Indonesia will hold a large-scale joint demonstration to reject the enactment of the Job Creation Perppu to become law.
“Because of what? There is no public participation here. There is no public communication at all. Even if there is only communication at a glance, in my opinion, they are not very competent for that. Therefore we ask the government to really and also the Constitutional Court listen to the conscience of the people “Listen to the people’s voice that this Perppu has clearly harmed democracy in this nation,” he said.
Meanwhile, KSPI President Said Iqbal explained that the Panja Baleg DPR RI had agreed to bring the Perppu on Job Creation to the plenary session.
“Out of the nine factions, only two factions refused. Thus Perppu No. 2 of 2022 which will be passed into law at the plenary session on March 14, 2023, is most likely… valid to become law,” explained Iqbal.
Responding to these developments in the DPR RI, Iqbal emphasized that the first stance of KSBSI, KSPSI AGN and KSPI was to reject the Omnibus Law on Job Creation when it was promulgated.
“Second, is rejecting the nine points that we studied which are not much different from the contents of the previous Job Creation Law which was canceled by the conditionally unconstitutional Constitutional Court,” he explained.
The nine points are:
1. Concerning the Minimum Wage;
3. Contract Employees;
4. severance pay;
6. Leave arrangements;
7. Setting working hours;
8. Foreign Workers;
9. Criminal Sanctions.
Iqbal revealed that the 9 points are expected to be rejected by the DPR at the plenary session on March 14 2023. “Refusing the results of the Panja Baleg to be re-discussed on the 9 points.” he explained.
“Finally, of course the steps that will be taken by these three Confederations, the first one, Bung Andi, has conveyed… a big action will be carried out. Later the three of us will determine when we will carry out this big action. hundreds of thousands of workers.” said Iqbal.
The second step, if the Perppu has become law, Iqbal emphasized that he would take steps for a judicial review lawsuit to the MK.
“Then another step apart from a judicial review is to approach President Joko Widodo to reconsider the employment cluster, whether it can be issued or re-discussed specifically for the employment cluster and so on,” he said. (source; ksbsi.org)