JAKARTA - Chairman II of the Indonesian Employment Law Teachers and Practitioners Association (P3HKI) Ahmad Ansyori hopes that the revision of the Employment Law will be directed to close the various gaps that have emerged in investment activities and corporate actions.
Ahmad said that, in fact, Indonesia does need foreign investment to grow the national economy. However, he assessed that the investment did not necessarily ignore the applicable legal principles.
"We really need hundreds of trillions. But how can he not only see the financial perspective of investment," said Ansyori in a discussion on Foreign Investment Compliance with Indonesian Labor Law in Jakarta, Tuesday, June 9.
For this reason, P3HKI proposes a number of new instruments in the revision of regulations, including the implementation of a Certificate of Labour Compliance as a requirement in corporate actions such as mergers, acquisitions, and takeovers of companies.
He also proposed the establishment of an escrow account that can be used to guarantee the fulfillment of workers' rights if the company experiences ownership changes or prolonged disputes.
He cited an example of the problem experienced by workers at PT Nusa Halmahera Minerals (NHM). continues to wait for good faith from Newcrest Mining Limited to implement the legal decision which has the force of law (inkrah).
For information, the Australian mining company, which has now been acquired by Newmont Corporation, is required to immediately fulfill its obligations to pay the rights of workers who have been neglected since the divestment process in 2020.
Present at the same occasion, the Director of Industrial Relations Dispute Settlement (PPHI) of the Ministry of Manpower, Ahmad Armando Jujur Pardamean Siregar, said that currently the government is also trying to maintain a balance between investment needs and labor protection.
Ahmad said that fixed investment was needed to boost national economic growth, but its implementation must be in line with compliance with labor laws.
He emphasized that investments entering Indonesia must provide economic benefits while respecting workers' rights.
"Good investment is not only profitable but also legal and respects workers' rights," he said.
Said Ahmad, one of the biggest challenges in resolving industrial relations disputes is no longer in the trial process, but in the implementation of the ruling which has the force of law.
According to him, the problem becomes more complex when a company undergoes ownership changes, business group restructuring, or has a cross-country corporate structure.
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