*10 Years Of Joko Widodo's Government : Consistently Worsening Policies And Revoking Labor Rights*
*10 Years of Joko Widodo's Government: Consistently Worsening Policies and Revoking Labor Rights*
While Jokowi was in power, the people (workers) were sacrificed by silencing their constitutional and democratic rights to participate in determining state policies and political decisions that had an impact on the protection and fulfillment of the rights of workers and their families.
Protection of workers' rights and welfare continues to be reduced in the name of facilitating investment and economic recovery.
Throughout the post-Reformation period, the regime changed by maintaining three labor policy packages that did not favor workers and trade unions. Elected as President in 2014, Joko Widodo issued 7 economic policy packages that continued and even exacerbated these anti-labor policy practices. In 2015, PP 78 was passed despite widespread opposition from the labor movement.
Through the PP, minimum wage determination is based on the amount of inflation and economic growth.
This rule marked the beginning of the silencing of labor unions. Stripping away the function and role of trade unions/labor unions to fight for welfare for workers/unions and their families as regulated in Law No. 21 of 2000 concerning Trade Unions/Labour Unions. In 2020, the Government and the People's Representative Council worked together to pass the "Job Creation Omnibus Law which is unconstitutional and ignores democratic principles in its formation.
Regulations rejected by all trade unions and many civil society organizations. 38 lawsuits were filed with the Constitutional Court. culminating in Decision no. 91/PUU-XVIII/2020 which declares the Job Creation Law conditionally unconstitutional. In it, the Constitutional Court is based on a formal analysis where the creation of the Job Creation Law is undemocratic by paying attention to the stages of forming good laws, involving meaningful public participation, and is contrary to the Constitution, the 1945 Constitution of the Republic of Indonesia.
Instead of revising by following the Constitutional Court's decision, the Government paved a shortcut.
Based on the reason of "compelling urgency", Jokowi actually issued a Government Regulation in Lieu of Law no. 2 of 2022 concerning Job Creation. The contents are no different from the previous unconstitutional law.
Running for approximately 3 years, the Job Creation Law has had a real negative impact on workers in Indonesia.
By taking advantage of this unconstitutional policy, which has responded favorably to the Covid-19 period, investors are increasingly free to practice flexibility in employment relations, layoffs of workers, low wage politics.
For this reason, in commemoration of Labor Day 2024, we:
1. Call for the unity of the people's and labor movements to restore the damage to democracy and the rule of law in Indonesia to fight for the protection and fulfillment of the rights of Indonesian citizens (labor rights);
2. Urge the Government and DPR to immediately revoke the Job Creation Law and various derivative regulations that oppress workers' rights and alienate workers and their families from welfare.
3. Urge the Government, DPR, Constitutional Court and Supreme Court to stop the practice of authoritarian state management and the creation of discriminatory regulations that ignore democratic principles, the Constitution and Human Rights and only benefit groups of investors (investors) and oppress workers.
4. Urge all State officials, especially the National Police of the Republic of Indonesia, to guarantee the protection and respect for the freedom of citizens (workers) to organize, associate, gather and express opinions and express themselves to fight for their rights as mandated by the constitution.
Jakarta, 01 May 2024
Management of the Indonesian Legal Aid Foundation ( YLBHI )
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