JAKARTA - Chairman of PP Muhammadiyah Anwar Abbas also highlighted the Job Creation Act (UU Ciptaker) which was considered controversial and rejected by the Constitutional Court (MK). According to him, the law also revises many existing laws, which actually contain and aim away from the 1945 Constitution.
"Most of the existing laws are actually good, but after being revised the results of the revisions are even worse because they are further away from the content and meaning and intent of the 1945 Constitution which is our country's constitution," said Anwar in Jakarta, Monday, December 6.
According to Abbas, in Article 33 of the 1945 Constitution paragraph 2, it is stated that the earth, water, and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people.
Therefore, he said, if there are foreign investors who want to invest in Indonesia, especially related to natural resource management issues, the state must be able to get the maximum benefit.
"So, don't let the opposite happen. Therefore, in managing these natural resources, we must prioritize the use of Indonesian workers in all fields and types of work available," said Abbas.
If employers want to employ foreign workers (TKA), Abbas continued, they must know that there are positions that foreign workers cannot occupy. For example, the Director of Personnel (Personnel Director), Manager of Industrial Relations (Industrial Relations Manager), Manager of Personnel (Human Resource Manager), and others.
"However, what has happened, with the existence of this Ciptaker Law, especially regarding employment issues? Investors can employ foreign workers more freely," he said.
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As a result, continued Abbas, they can transport the workers they need from their own country. According to him, the company only needs to make a Plan for the Use of Foreign Workers (RPTKA) and report the plan to the government.
In this way, said Abbas, the people around the mine site were forced to scream and get angry because their natural resources and land were being depleted. However, they cannot work in the company because all the jobs there are almost already filled and filled by foreign workers.
"The people around the mine can only get dust splashed on them. Therefore, this decision of the Constitutional Court (MK) is certainly very worthy of our appreciation and we welcome it happily even though frankly it is too late because the party is already running and stopping it I think is already difficult, " he said.
Abbas added that usually the new provisions are not retroactive, so they may only be applied to future investors. Even so, it should be welcomed because the Constitutional Court has ordered the DPR and the President to revise the Ciptaker Law within the next 2 years and cannot make derivative regulations.
"If the DPR-President does not succeed in doing so, then the revised law or the previously existing law will automatically be considered valid again, so the provisions in the current Ciptaker Law are clearly no longer valid," he explained.
"We should respect this decision of the Constitutional Court because it provides a new bright spot and hope that is better and brighter for the life and welfare of the nation in the future," Abbas stressed.
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