KSPI Takes A Constitutional Path To Reject The Omnibus Law On The Job Creation Law

Illustration / Constitutional Court Building (Antara)

JAKARTA - The Confederation of Indonesian Workers Unions (KSPI) chose to take the path of the Constitutional Court (MK) for judicial review of the Omnibus Law on the Job Creation Law.

President of KSPI Said Iqbal confirmed that KSPI would challenge the Omnibus Law on the Job Creation Law to be canceled. The KSPI will also continue the action movement constitutionally and campaign for the reasons for workers rejecting the Omnibus Law, especially the labor cluster.

In a written statement quoted on Saturday, October 10, KSPI included a number of points in the Omnibus Law of the Job Creation Law which were deemed inappropriate.

One of them is about reduced severance pay. KSPI said that the government and the DPR both recognized that severance pay for those affected by layoffs was reduced from 32 times to 25 times, namely 19 times paid by employers and 6 months through Job Loss Guarantee or JKP which will be managed by BPJS Ketenagakerjaan.

"KSPI is of the view that the provisions regarding BPJS Ketenagakerjaan which will pay severance pay amounting to 6 months of wages are absurd. Where do the funds come from? a reduction in the value of severance pay is clearly detrimental to the workers, "said Said Iqbal.

In addition, the Omnibus Law according to Said Iqbal also does not regulate time limits for contract or outsourcing workers.

"So it is likely that there will be no permanent employees being appointed. When there is no appointment, the severance pay will be lost or the workers will no longer get it, ”he said.

President Jokowi previously emphasized that the Job Creation Law was needed to encourage job creation. The conditions of the COVID-19 pandemic have affected workers and lost their jobs due to layoffs.

"In a closed meeting I emphasized why we need a Job Creation Law. First, every year there are around 2.9 million new working age young people who enter the labor market, so the need for new jobs is very urgent, "said Jokowi.

Jokowi reviewed the conditions amid the COVID-19 pandemic, there were 6.9 million unemployed and 3.5 million workers affected by COVID-19. As many as 87 percent of the total working population, continued Jokowi, has a high school education level and below.

"So it is necessary to encourage the creation of new jobs, especially in the busy sector, so the Job Creation Law aims to provide as many jobs as possible for job seekers and unemployed people," said Jokowi.

Meanwhile, about the rejection voiced by a number of parties, including through a demonstration on Thursday, October 8, Jokowi asked that the rejection be carried out through the constitutional channel, namely submitting a judicial review to the Constitutional Court (MK).

"If there is still, if there is still dissatisfaction with the Job Creation Law, please submit a stamp test or judicial review through the Court. Our constitutional system says that, if there are still those who are not satisfied and refuse, please submit a judicial review to the Constitutional Court, "said Jokowi.