Administrative Court Orders Anies To Lower DKI UMP, PDIP: If The Legal Basis Is Strong, The Lawsuit Will Not Lose

Gembong Warsono/Photo: VOI

JAKARTA - The chairman of the PDIP faction of the DKI Jakarta DPRD, Gembong Warsono, assessed that the legal basis for the decision of the Governor of DKI Jakarta Anies Baswedan in setting the 2022 DKI provincial minimum wage (UMP) of Rp. 4.6 million was weak.

This, according to Gembong, caused the Jakarta State Administrative Court (PTUN) to order Anies to revoke the decision letter (SK) regarding the determination of the UMP and order Anies to lower the UMP to IDR 4.5 million.

"The increase in the UMP must have a legal basis, right. There is a basis for calculation. When the study is mature and the legal basis is strong, then the provincial government will not lose to the lawsuit. When it comes out of the legal basis, what happens is like now," said Gembong when contacted, Thursday, July 14th.

Gembong explained, although Anies' decision regarding the DKI Jakarta UMP in 2022 of Rp. 4.6 million could be more prosperous for workers or workers, in fact this is not obeyed by all entrepreneurs in Jakarta.

Bearing in mind, the Governor's Decree regarding the UMP which rose 5.1 percent from the previous year violates a higher rule, namely Government Regulation (PP) Number 36 of 2021 which stipulates an increase in the UMP by 0.85 percent.

"Although the UMP is IDR 4.6 million, it turns out that many entrepreneurs have not complied with. Because, all of these decisions, if based on a good study, of course we are able to rationalize the decision," said Gembong.

Therefore, Gembong asked the DKI Jakarta Provincial Government to sit down together again to resolve the polemic regarding the determination of the DKI UMP with groups of entrepreneurs and workers.

"It is also necessary for the provincial government to socialize it by sitting together with businessmen and workers so that all can be obeyed," he said.

For information, the DKI Jakarta State Administrative Court (PTUN) canceled the decision of the Governor (Kepgub) of DKI Jakarta Anies Baswedan regarding the 2022 Provincial Minimum Wage (UMP) whose lawsuit was filed by a number of entrepreneurs.

The decision of the Jakarta Administrative Court granted all claims from entrepreneurs. The plaintiffs are the Regional Leadership Council of the Indonesian Employers' Association (Apindo) DKI Jakarta.

In addition to canceling the Gubernatorial Decree, the Jakarta Administrative Court in its ruling also required Anies, as the defendant, to revoke Gubernatorial Decree No. 1517 of 2021 concerning the 2022 UMP which was issued on 16 December 2021.

Another ruling is that Anies obliges Anies to issue a new State Administrative Decree regarding the 2022 UMP based on the recommendation of the DKI Jakarta Wage Council, namely the elements of the labor union Number: I/Depeprov/XI/2021 on November 15, 2021, amounting to Rp4,573,845.

The Jakarta Administrative Court also sentenced Anies as the defendant and the second defendants intervened jointly and severally to pay court fees of Rp. 642,000.