JAKARTA - Demonstrations of workers boycotting Indomaret products started today Thursday, May 27. The action started with a demonstration demanding THR 2020. At that time, an employee named Anwar Beast was polished after the action led to anarchism and destruction of the office.
In addition to the 2021 THR which is said to have not been paid in full, the Confederation of Indonesian Workers Unions (KSPI) is demanding that Anwar Bessy be released even though he has been policed because of the criminal act of the THR 2020 demand.
This issue was brought to a bigger problem and involved many employees to hold demonstrations.
Responding to this issue, Criminal Law Expert Abdul Fickar Hadjar assessed that the case actually does not need to be brought to the police. This is because if there is office damage, there should be negotiations to compensate for the losses.
According to him, bringing the matter to the realm of law will only cause injury to the employees to the company. "If you take it to the police there will be injuries, so the pattern of the relationship is no longer good, and it is rather difficult to repair the relationship between employers and workers. later. The workers will strike, the employers will suffer losses, "said Fickar to VOI, Thursday, May 27.
"For example, if the workers close down, they also lose money, they can't work anymore. The relationship between the company and the employees should not be brought to the legal realm," he continued.
Fickar said that the THR issue could ask the Ministry of Manpower to intervene. The reason is, it is the right of workers. However, it cannot be denied that both of them are in need, so there is no need for a boycott and punishment.
"It should have been guarded so that it does not enter the realm of law, whether to ask for compensation for the damage. Or how can labor organizations compensate for the damage, so there is no need to bring it to the realm of law. If it has been brought to the realm of law, it means that the person will be punished, and this is also impossible demanded again to be repaired. There is no peace, "he explained.
"However, if the matter of working relationship can be reconciled. This means that in the future, whether the money is disputed, for example, the THR is a normative right for employees to enter into labor regulations, part of the employer's obligation even though the amount is not determined. This means that regardless of the ability of the company, it must actually be determined. accepted by the workers, "said Fickar.
According to Fickar, the THR issue does not need to be extended. Especially during a pandemic, employees should also be tolerant.
"Because workers know for themselves how the company develops, especially during a pandemic like this, sales are definitely lower than in pre-pandemic times. That is a situation that must be realized by both parties. Even though employers give a little THR money, workers also understand the condition of the company. those who are not progressing like normal, that should be the understanding, "he said.
Regarding the solution, the sentence that Anwar Bessy has received cannot possibly be revoked, except for leniency. However, problems with other employees who boycotted because the THR had not been paid could be negotiated.
"It is true, so the position being convicted cannot be reconciled but those who are demonstrating can sit together to solve the existing problem. Those who are convicted even though it is destruction can actually be reconciled with an agreement that can lighten the sentence," said Fickar.
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