Threat Of Sanctions From Anies Regarding DKI Jakarta UMP, Entrepreneurs: What Is The Basis?

Governor of DKI Jakarta, Anies Baswedan. (Photo: Public Relations of DKI Jakarta Provincial Government)

JAKARTA - The DKI Jakarta Indonesian Employers' Association (Apindo) questioned the basis for the threat of DKI Jakarta Governor Anies Baswedan regarding sanctions to entrepreneurs who do not follow the 2022 provincial minimum wage (UMP) revision, as stipulated in DKI Jakarta Governor Decree No. 1517 of 2021.

Deputy Chairperson of the Apindo Jakarta DPP, Nurjaman, questioned the sanctions that Anies would give. The reason is, from his understanding the sanctions regarding minimum wage wages are not regulated in the Governor's Decree, but through PP Number 36 of 2021 concerning Wages.

"Our question now is, even now, if it is true that the Regional Government will issue sanctions against companies that do not implement the minimum wage version of Governor Decree 1517, what are the sanctions? What is the basis for sanctions? December 30.

Nurjaman said that if the regulation used was PP Number 36 of 2021, then his party would not dare to violate it. This is because the PP is a derivative of the Job Creation Act.

"There is no consideration for the governor's decision. Then what do you use? Obviously it's not as easy as giving sanctions but if it's basically PP Number 36, the sanctions will definitely come out, we understand and know. We convey to businessmen as long as PP 36 is used, don't try to violate it," he said. .

However, said Nurjaman, because Anies issued a governor's decision before responding to a letter sent by a businessman. So, Nurjaman said his party would fight back through a legal lawsuit to the State Administrative Court (PTUN).

In addition, Nurjaman also asked Anies to revoke the Governor's Decree issued on December 16, 2021. In the regulation, the DKI Jakarta UMP 2022 increased by 5.1 percent from the previous 0.8 percent. So the UMP received by workers is Rp.4,641,854 per month next year.

Previously, DKI Jakarta Governor Anies Baswedan officially issued DKI Jakarta Governor Decree Number 1517 of 2021 concerning the 2022 Provincial Minimum Wage. This Decree is a revision of the Governor's Decree regarding the determination of the previous UMP.

It is regulated that entrepreneurs who have given wages higher than the DKI Jakarta UMP in 2022 as revised are prohibited from reducing or lowering their company's UMP.

"Companies that violate the provisions (stipulation of the revised UMP) will be subject to sanctions in accordance with statutory provisions," Anies wrote in the governor's office, quoted on Monday, December 27.

Then, the entrepreneur is obliged to compile and implement the structure and scale of wages in the company by taking into account the company's capabilities and productivity as a guide for the wages of workers with a working period of 1 year and over.

Anies made the determination of the revised UMP without referring to the legal basis set by the central government. It is known, the Ministry of Manpower has set a formula for increasing the UMP to local governments based on Government Regulation No. 36 of 2021.

Anies uses three legal grounds in determining the revised UMP. First, Anies uses 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.