Observer: Government Promise To Fix Problems In The Job Creation Law Through Derivative Regulations Only 'Sugar'

Illustration (Irfan Meidianto / VOI)

JAKARTA - The government promised to issue derivative regulations for the Job Creation Law. This effort was issued to reduce the polemic of the Law.

These derivative rules are in the form of presidential regulations (perpres), government regulations (PP), to ministerial regulations (candy). The government claims this derivative rule is able to cover up shortcomings or public dissatisfaction with the Omnibus Law.

However, according to a constitutional law expert from the University of Indonesia, Said Salahudin, the public cannot expect more because the implementation of the Job Creation Law is impossible to correct the deficiencies in question.

"The government's promise to fix problems in the Omnibus Law through derivative regulations is only 'candy'," Said told VOI , Sunday, October 18.

Said explained that the derivative regulations that were being drafted by the government were formed in order to implement the existing legislation products, in this case the Job Creation Law.

That is, a derivative rule must be formed based on the rules on it. Meanwhile, the established rules must not conflict with higher regulations.

"So, regardless of how transparent and accommodating the government is to formulate the regulatory products, the results will be the same. PP, Perpres, and candy are hard to hope to be able to recover constitutional losses of society, especially labor elements, for the enactment of the Job Creation Law," he explained.

Therefore, Said understands that labor unions such as the Confederation of Indonesian Workers Unions (KSPI) refuse to be involved in discussing the derivative rules of the Omnibus Law of the Job Creation Law.

"The labor leaders are not stupid people who are easily deceived by such lure and ragged promises. They understand that what the government has promised is not in accordance with legal principles and rules," said Said.

Previously it was reported, the Minister of Manpower Ida Fauziyah said that he was preparing a Government Regulation (PP) as a derivative of the Employment Cluster Work Creation Law.

According to Ida, the regulation is planned to be finalized by the end of October and its drafting will involve various stakeholders in the labor sector, including trade / labor unions and employers.

Ida Fauziyah also said that before it was submitted to the House of Representatives (DPR) for ratification, the discussion on the draft of the Job Creation Law had been carried out with public participation involving trade unions, employers and academics.

"The government confirms once again that the process of drafting the Job Creation Bill has involved public participation. For the workforce cluster, the Ministry of Manpower invites labor stakeholders whether it is a trade / labor union, employers even invite academics from universities and listen to the aspirations of the International Labor Organization (ILO). , "said Ida.