PRESS CONFERENCE THE COUNCIL OF THE PEOPLE'S TRAITS IS JUST A SAMPER

• Posted by: Admin
• Minggu, 25 Juni 2023
• Has been read 482 time(s)

Denpasar - Friday (24/03/2023), On March 21, 2023 the DPR has officially ratified Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation to become Law. Approval was taken at the 19th Plenary Session for session IV for the 2022-2023 session year. The Job Creation Perppu is a cunning way for the government to get around Law No. 11 of the Year on Job Creation which was declared conditionally unconstitutional by the Constitutional Court and must be corrected within 2 years after the decision.

Practice of Autocratic Legalism

The ratification of the Job Creation Perppu is a form of autocratic legalism in which the government, together with the DPR, makes the power to make laws legitimize undemocratic actions. It can be seen that the Job Creation Perppu does not at all meet the requirements regarding the urgency of forcing the Perpu to be issued in accordance with the Constitutional Court's decision No. 138/PUU-VII/2009.

Some problematic articles

Amendments to articles 64, 65 and 66 allow companies to outsource the main types of work. Whereas previously the Manpower Law stipulated, outsourcing could only be done if a job was detached from the main activity or production activities such as security or cleaning staff. The labor market will be more flexible with the provisions regarding outsourcing, aka outsourcing. Article 79 regulates the reduction of workers' right to rest time, because, firstly, employers are not required to provide two days' rest per week for five working days per week. Second, this Law and Perpu also abolish the right to long rest for 2 months for workers who have worked for at least 6 years. Article 88 C, D and F which shows the politics of cheap wages through increasingly flexible and undemocratic wage setting. Governors are no longer required to set district/city minimum wages, the function of the Council for Wages/Labor Unions is gone, and the terms or formula for wages can change at any time.

The DPR is only a stamp maker

From a formal and material perspective, the Job Creation Perppu is clearly a problematic legal product. The Job Creation Perppu is a real form of betrayal of the constitution and the Constitutional Court's decision. However, the DPR, which should be the people's representative, actually became the real traitor by passing the Job Creation Perppu into law. The unbalanced voice of the opposition in Senayan has led to a real affair between the executive and legislative powers in making legal products that are not in favor of the people.

BEM of Udayana University conducted a study regarding Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation which will be officially passed into law by the DPR, not without reason, this was inspired by anxiety about how unprepared the law was to be ratified and implemented into society, for example, Article 79 regulates the reduction of workers' right to rest time, Amendments to articles 64, 65 and 66 which allow companies to outsource the main types of work and others as explained in our study. For this reason, the BEM of Udayana University made this study in order to answer questions regarding this matter and at the same time confirm our attitude towards this issue.