Perppu Job Creation Officially Becomes Law, These Are A Number Of Controversy Points That Potentially Lose Workers

Illustration (Photo: Special)

YOGYAKARTA The job creation Perppu has officially become a law. Previously, the Perppu signed by President Joko Widodo at the end of December 2022 was in the spotlight of many parties, because there were several controversial points that could potentially harm workers.

Ratification of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation into law was carried out in the 19th Plenary Meeting of the IV session for the 2022-2023 session. The trial was held at the parliament complex on Tuesday, March 21, 2023. The meeting was also attended by Coordinating Minister for the Economy Airlangga Hartarto.

"Can the Draft Law on Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation be approved?" said Chairman of the Indonesian House of Representatives, Puan Maharani.

"Agreed," said the meeting participant.

So, what are the controversial points in the Job Creation Perppu which has now officially become a law? Here's the summary

Controversial Points In The Job Creation Perppu That Are Officially Law

The Job Creation Perppu which has just been passed into law, abolishes workers' rights to get two holidays in a week. This provision is stated in article 79 paragraph 2 letter b which reads;

"The rest time as referred to in paragraph (1) letter a must be given to Workers/Labors at least including;

This rule contradicts the Employment Law where article 79 states, weekly rest of 1 (one) day for 6 (six) working days in 1 (one week or 2 (two) days for 5 (days in 1 (one) week.

The Job Creation Perppu also does not include rules regarding the two-month long leave given to workers who have worked for 6 consecutive years.

Article 79 paragraph (5) of the Perppu does mention a long break. However, the technical provisions are only based on an agreement in the work agreement.

Article 88D paragraph 2 of the Job Creation Perppu states that the minimum wage formula considers several variables such as economic growth, inflation and certain indexes.

This article becomes a polemic because certain 'indexes' are never variables in determining the minimum wage of the workforce.

The provisions for outsourcing or work that is empowered in the Job Creation Perppu are also polemic.

The outsourcing provisions are regulated in articles 81 points 19 to 21. In this article, it is not explained what fields of work can use outsourcing.

If the government does not limit the type of work it empowers, it will harm workers or workers.

The severance pay provision in the Job Creation Perppu becomes a polemic because its contents are different from the Employment Law.

Article 156 paragraph (2) of Perppu Number 2 of 2022 states that the amount of severance pay given must be appropriate and fixed in the calculation of the working period.

Meanwhile, in the Employment Law, the work period list is only a minimum limit in providing severance pay so that a company can provide severance pay in more than what is listed on the list.

Thus, it can be concluded that severance pay that will be received by workers or workers who are laid off will be less if they refer to the Ciptaker Perppu, rather than the labor law.

The Job Creation Perppu is also considered not to provide protection for workers from layoffs unilaterally carried out by the company. The regulation seemed to provide space for subjectivity to assess workers and fire them if the company wanted.

This is information about controversial points in the Job Creation Perppu which has officially become law. To get other interesting news, keep reading VOI.ID.