Apindo Confirms It Will Sue Anies About Revision Of UMP Increase To PTUN
JAKARTA - The DKI Jakarta Indonesian Employers Association (Apindo) is increasingly convinced to file a lawsuit against the Governor of DKI Jakarta Anies Baswedan to the Jakarta State Administrative Court (PTUN).
The legal product to be challenged is the Decree of the Governor of DKI Jakarta Number 1517 of 2021 concerning the Provincial Minimum Wage of 2022. In the decree, Anies set the UMP for 2022 in DKI at IDR 4,641,854, an increase of 5.1 percent.
"In response to the issuance of Governor's Decree Number 1517 of 2021, Apindo DKI Jakarta will file a lawsuit to the Administrative Court against the DKI Jakarta Provincial Government," said Apindo DKI Jakarta DPP Head Solihin to reporters, Friday, December 31.
Solihin explained the reasons for the lawsuit that would be filed. Solihin assessed that the 5.1 percent UMP increase was invalid because it contradicted PP No. 36 of 2021 which was the reference for the central government.
Then, the revised increase in DKI UMP from 0.85 percent to 5.1 percent has passed the deadline for issuing the 2022 UMP on November 21, 2021.
"This decision is also not in line with the recommendations of the DKI Jakarta Wage Council, in which 2 of the 3 elements of the DKI Jakarta Wage Council, namely entrepreneurs and the government, recommend that the amount of the UMP increase must be in accordance with PP No. 36 of 2021," said Solihin.
In addition, Solihin admitted that his party had also asked the Indonesian Ministry of Manpower to give a warning to regional heads who did not comply with the central government's wage regulations.
Then, Apindo also asked the Minister of Home Affairs to provide guidance or sanctions to Anies.
"The Governor of DKI Jakarta does not understand the laws and regulations, which results in the weakening of the government system, as mandated by Law 23 of 2014, Article 373, which essentially states that the central government shall provide guidance and supervision to the administration of regional governments," he said. based on Government Regulation Number 36 of 2021. For Jakarta, the formula for increasing the UMP from PP 36/2021 is 0.85 percent.
However, in order to realize the UMP amount which is higher than that, Anies uses three other legal bases. First, Anies used Law No. 29 of 2007 concerning the DKI Jakarta Government as the capital city of the Republic of Indonesia.
The second is Law Number 23 of 2014 concerning Regional Government which was amended several times in the Job Creation Law Number 11 of 2020.
The third is Law Number 30 of 2014 concerning Government Administration which was amended in the Job Creation Law Number 11 of 2020.