PRESS CONFERENCE
National Symposium: Road Map of Labor Law Reform in Indonesia
Jakarta, 23-24 August 2023
We, the undersigned, representatives of the Confederation of Indonesian Trade Unions (KSPSI), the Confederation of Indonesian Trade Unions (KSPI) and the Confederation of Indonesian Trade Unions (KSBSI), hereby convey the following:
1. The existence of Law no. 6 of 2023 concerning Job Creation in lieu of Law no. 11 of 2020 which was initiated by the Government, was rejected from the start by the Labor Unions/Workers Unions because it significantly reduces and eliminates the rights of Indonesian workers/workers regarding the setting of minimum wages, outsourced labor, severance pay, provisions for Fixed Time Work Agreements (PKWT), about Termination of Employment (PHK) and so on.
2. The Committee on the Application of Standards at the International Labor Conference in Geneva, Switzerland, 5-16 June 2023, in its conclusions regarding the implementation of ILO Convention No. 98 concerning the right to organize and bargain collectively in Indonesia, on June 13, 2023, assessed and concluded that the Job Creation Law/Omnibus Law was clearly problematic and therefore urged the Government of Indonesia to immediately take effective actions and within the time bound. by the Standards Application Committee for:
? Review the Job Creation Law and immediately make amendments to the law in compliance with international labor standards [ILO Convention No. 98];
? Benefit from ILO technical assistance with a particular focus on reform of the Labor Law including the Job Creation Law, by fully engaging social partners, based on the values and principles of ILO Convention No. 98 both in formal law and in practice;
? Provide detailed and complete information on steps taken and progress achieved to the Committee of Experts no later than 1 September 2023.
3. On July 11, 2023, KSPSI, KSPI and KSBSI wrote to the Minister of Manpower of the Republic of Indonesia regarding the follow-up on the conclusions of the Standards Application Committee and asked the Government to immediately involve social partners in compiling a road map for reforming the Labor Law, including the Copyright Law Work No.6/2023 and a number of implementing regulations and formulate proposals related to technical assistance from the ILO, but to date, this letter has not been responded to by the Government. On the other hand, the government has absorbed the aspirations of several trade unions/workers’ unions regarding PP No. 35 of 2021 and PP no. 36 of 2021 and determines the composition of the National Tripartite Institution unilaterally and without consulting the largest Confederation in Indonesia. Both of these are clearly inconsistent and directly related to the conclusions of the Standards Application Committee.
In this regard, we urge the Government of Indonesia to immediately follow up on the conclusions and recommendations of the ILO Standards Application Committee to review and amend laws related to employment, including the Job Creation Law in accordance with international labor standards. And immediately, ask for technical assistance from the International Labor Institute (ILO) and involve social partners, in particular the largest Trade Unions/Labor Unions in Indonesia such as KSPSI, KSPI and KSBSI.
We also expressly state that the Job Creation Law, specifically the employment cluster, must be repealed because it has actually brought misery to workers/workers in Indonesia and we will continue to make efforts to fight both legally and in action/demonstrations against this law and its derivative provisions.
The establishment and determination of the composition of the National Tripartite Institution which is carried out unilaterally by the Government and without consulting the most representative Trade Union Confederations (the most representative) such as KSPSI, KSPI and KSBSI cannot be accepted, because it is contrary to the principles regulated in ILO Convention No. . 144 regarding Tripartite Consultation.
In connection with the steps to absorb aspirations for changes to PP No. 35 of 2021 and PP No. 36 of 2021 or absorption of aspirations for changes to derivative provisions of the Job Creation Law carried out by the Government in July 2023, cannot be accepted and used as a tool of legitimacy or linked to the follow-up of the conclusions of the Standard Application Committee. (**)
