Labor Requests Decree To Stipulate UMP 2022 Revoked, Ketum Apindo Hariyadi Sukamdani: Still Valid Even Though There Is A Constitutional Court Decision

Chairman of the Indonesian Employers Association (Apindo) Hariyadi Sukamdani. (Photo: Doc. Antara)

JAKARTA - The labor union asked the governors, regents and mayors to revoke the decision letter (SK) on the placement of the provincial minimum wage (UMP) and the district/city minimum wage (UMK) following the decision of the Constitutional Court (MK) which stipulates a law (UU). ) Conditional unconstitutional job creation.

Responding to this, the General Chairperson of the Indonesian Employers' Association (Apindo) Hariyadi Sukamdani said that the rules regarding the minimum wage contained in Government Regulation (PP) Number 36 of 2021 concerning Wages remained valid despite the Constitutional Court's decision.

For your information, PP Number 36 of 2021 is a derivative rule of Law Number 11 of 2020 concerning Job Creation which changes the formula for calculating labor wages which was previously regulated in PP Number 76 of 2015 concerning wages.

"Petitioner 1 who sued the labor cluster has been rejected by the Constitutional Court. So we want to convey that PP Number 36 of 2021 will continue to be effective. So this is so that we straighten things out so that the dynamics in the field do not heat up later but do not know what the substance is We make this clear," he said in a virtual press conference, Friday, November 26.

Hariyadi said that the Constitutional Court's decision had made the atmosphere quite dynamic. The reason is that PP Number 36 of 2021 which regulates Wages because it is a derivative of the Job Creation Law was also asked to be withdrawn by around workers.

"Now we see that the verdict is that the worker's application is rejected," he said.

Meanwhile, Member of Commission II of the DPR RI Firman Soebagyo said that the derivative regulations of the Job Creation Law that were passed before the Constitutional Court's decision would remain valid.

"However, for those (issued) after November 25, 2021, the government may not issue new regulations that are strategic in nature. So it is clear that those that have been signed remain valid, valid by law, except those that have not been (published), should not be carried out," he said.

Previously, the President of the Confederation of Indonesian Trade Unions (KSPI) Said Iqbal asked all governors in Indonesia to revoke the Decree (SK) related to the determination of the 2022 Provincial Minimum Wage (UMP). This was in response to the decision of the Constitutional Court (MK) which declared the Job Creation Act unconstitutional.

According to Iqbal, the basis for determining wages cannot refer to PP No. 36 of 2021. Because the main thing, namely the Job Creation Law, has been decided by the Constitutional Court. Therefore, he asked that the determination of wages must refer to Law Number 13 of 2003 concerning Manpower and Government Regulation Number 78 of 2015 concerning Wages.

"In other words, all governors in the territory of the Republic of Indonesia must revoke the decree or decree regarding the provincial minimum wage (UMP). Including the Governor of DKI Jakarta, Mr. Anies Baswedan, must revoke the decree related to the 2022 UMP," he said in a virtual press conference, Thursday, November 25.

Iqbal emphasized that this demand also applies to all regents/mayors throughout Indonesia. In addition, KSPI also requested that the increase in the UMP and UMK be in the range of 4 to 5 percent.

"Governor Anies Baswedan of DKI Jakarta must also change the decree. Regents/mayors who have not issued the UMK in the negotiation process, we ask that the UMK be increased by 4 to 5 percent," he explained.