Omnibus Law on Job Creation
continues to be a controversy, even in the midst of corona virus (covid-19)
spread across various parts of Indonesia. On April 2, 2020, the Plenary Meeting
of the House of Representatives (DPR) in Senayan, Jakarta, read the President's
Letter dated February 7, 2020 and agreed to submit the Bill of the Law on Job
Creation to Legislation Committee.[1]
One day later on April 3, 2020, the Minister of Health of the Republic of
Indonesia issued Regulation of the Minister of Health of Indonesia No. 9 of 2020 on Guidelines on Large-Scale
Social Restrictions in Order to Accelerate the Handling of Covid-19 (PMK PSBB).
PMK PSBB regulates the steps in establishing PSBB in certain area, the limits
of what are restricted during PSBB and its exceptions, record keeping and
reporting mechanisms, as well as the coaching and supervision of PSBB.
 |
| #TolakOmnibusLaw Source: #TolakOmnibusLaw Movement |
Until April 17, 2020, the
Minister of Health has published Decree of PSBB Establishment for 12 regions
and 3 three provinces, namely DKI Jakarta, West Java and Banten.[2]
These Decrees are valid for the longest incubation period of covid-19 which is
14 (fourteen) days with the possibility of extension if there is evidence of
further spread. The implementation of PSBB through said Decrees is carried out
in accordance with relevant laws and regulations. In this case, it is PMK PSBB.
In simplified manner, PMK PSBB
set 6 (six) restrictions. First, closure of school and workplace. Second,
restrictions on religious activities. Third, restrictions on the activities in
public and public facilities. Fourth, restrictions on social and cultural
activities. Fifth, restrictions on the mode of transportation. Sixth,
restrictions on other activities, especially related to defense and security
aspects. Each of the above limitations has exceptions based on other laws and
regulations, fatwa, up to the view of official institutions recognized by the
government.
Social and cultural activities
are one of the restricted activities during the period of PSBB. The restriction
of social and cultural activities, as referred to in the Annex of PMK PSBB, is
a ban on crowds of people in activities such as clubs or political, sports,
entertainment, academic and cultural meetings. Political meetings are banned by
the PMK PSBB.
Matter of fact, Legislation
Committee (Baleg) held a meeting with
the government to discuss Omnibus Law on Job Creation on April 14, 2020
directly at the parliament complex, Senayan, Jakarta. The Coordinating Minister
for Economic affairs, Minister of Law and Human Rights and the Minister of
Labour were physically present in the meeting.[3]
After the meeting, a Working Committee (Panitia
Kerja) will be formed to produce a Problem Inventory List (DIM) and hold a
Public Hearing Meeting (RDPU). The chairman of the Baleg had stated that public involvement in providing inputs for
this omnibus can be done in virtual manner.[4]
Conducting a political meeting is a clear violation of the Regulation of the
Minister of Health and Decree of PSBB in DKI Jakarta. The government violated
the rules of which they created themselves.
The rushed discussion process of
omnibus in covid-19 situation is an agenda that is mandatory to be questioned.
The Vice Chairman of the Baleg once
stated that the Omnibus on Job Creation is a political promise of the DPR to
the President, and also as a formula to get out of current economy crisis. [5]
This statement is laden with political interests and assumptive. No one can
guarantee that Omnibus on Job Creation will save Indonesia from economic
crisis. What might occur is precisely the otherwise due to the decrease in the
consumption power of tens of thousands of labor who will be even more under the
pressure of employers, the destruction of thousands of acres of nature due to
exploitation and the occurrence of chaos in Indonesian legal system.
Since the beginning, the
discussion of the Omnibus has never been transparent and heavily loaded with
the interests of employers. This can be seen from the composition of the task
force of the Omnibus Law which is dominated by employers. Moreover, the
problematic provisions in the draft law.[6]
As a matter of fact, political
meeting which is prohibited by the PSBB is a physical meeting. There is no
prohibition to conduct virtual meeting. However, DPR and the government do not
seem to be concerned with the condition of the covid and heroically attended
the meeting in the parliament complex. Another issue that arose is whether
virtual meeting is able to accommodate all of the aspirations of the people?
Not necessarily.
Virtually held meeting is highly
potential to discriminate affected groups, particularly those whose backgrounds
are of low to medium income. The assumption that all people have a device and
internet access is a view blinded by privilege. Our constitution guarantees
political participation, so DPR can't underestimate the role of public in the
creation of new laws.
The government does not need to rush
in enforcing the first omnibus in Indonesia because no one can guarantee that it
can boost the economy and investment in this country. Moreover, if its
establishment is in the expense of the order of law, democracy, public welfare
and environmental sustainability. The government should restart the process of
making this Omnibus to the early stages of discussion with the restructuring of
Omnibus Law Task force with equal composition to represent the general public
such as with trade unions, representatives of women's groups and marginal
people. Not only businessmen because at the end of the process, this Omnibus
will legally bind the whole society from Sabang to Merauke.
The discussion should also be
done face to face and continued after the pandemic is declared finished by the
World Health organization (WHO). It is important to ensure everyone can
practice their right of political participation. This way, DPR can reassure the
public that there is no hidden agenda from rushing the establishment of the
Omnibus on Job Creation.
Jokowi has to ensure that the
establishment and promulgation of Omnibus on Job Creation will be done after a thorough
process of discussion which adopted the advice and inputs of every element of
society. Not only having them heard in the public hearing, but having the
substance adopted in the law. We don't need formalities.
 |
| Functions of DPR Source: The 1945 Constitution of Indonesia, Fourth Amendment |
If the parliament does not
discuss the Omnibus on Job Creation, what can be done by them? Keep in mind
that the function of parliament according to Indonesian Constitution is not
limited to legislation function, but also the functions of budgeting and
supervision/oversight. These latter functions can be maximized in tackling covid-19. For
example, together with the government, DPR can discuss the allocation of the
State Budget (APBN) for the prevention of covid-19, especially for marginalized
groups. While the function of oversight can be carried out to review the
effectiveness of the laws and regulations that apply to the handling of
covid-19 such as the Law No. 24 of 2007 on Disaster Management, Law No. 23 of
2014 on Regional Government, Law No. 6 of 2018 on Health Quarantine and other
relevant regulations.
∞
[1]
Tsarina Maharani, Surpres Dibacakan,
Draft Omnibus Law RUU Cipta Kerja Segera Dibahas Baleg DPR, 2020. https://nasional.kompas.com/read/2020/04/02/17542431/surpres-dibacakan-draf-omnibus-law-ruu-cipta-kerja-segera-dibahas-baleg-dpr
[2]
Ardito Ramadhan, Pemerintah Setujui PSBB
di 17 Daerah, Ini Rangkuman Sejumlah Wilayah, 2020. https://nasional.kompas.com/read/2020/04/18/07492811/pemerintah-setujui-psbb-di-17-daerah-ini-rangkuman-sejumlah-wilayah
[3]
Tsarina Maharani, Perdana, Rapat Kerja
DPR-Pemerintah Bahas Draf Omnibus Law, 2020. https://nasional.kompas.com/read/2020/04/14/15180041/perdana-rapat-kerja-dpr-pemerintah-bahas-draf-omnibus-law
[4]
Budiarti Utami Putri, Bahas Omnibus Law
Saat Corona, DPR: Publik Bisa Terlibat Virtual, 2020. https://nasional.tempo.co/read/1328722/bahas-omnibus-law-saat-corona-dpr-publik-bisa-terlibat-virtual
[5]
Putra Ananda, op. cit.
[6]
Andrian Pratama Taher, Komposisi
Bermasalah Satgas Omnibus Law, 2019. https://tirto.id/komposisi-bermasalah-satgas-omnibus-law-enEn
0 Comments
Post a Comment