The fate of workers<\/p>\n
The government-sponsored bill on manpower has not even been
\ndebated by the House of Representatives, but some labor activists
\nare already hot under the collar, calling the proposed
\nlegislation too restrictive for workers.<\/p>\n
Last week, it was Bomer Pasaribu, a member of the executive
\nboard of the All Indonesian Workers Union (SPSI). As a legislator
\nprivy to the bill, Bomer said the proposed legislation, if
\npassed, would \"castrate\" existing workers' rights. Eleven non-
\ngovernmental organizations in a meeting with the National
\nCommission on Human Rights said Tuesday the bill would give the
\ngovernment too much power in running the affairs of workers. It
\nwould empower the government, but not workers.<\/p>\n
Since the House has not even begun deliberating the bill,
\ncommenting on its specific contents is premature. But the
\nconcerns expressed by Bomer and other activists are valid. After
\nall, the legislation will affect the fate of millions of
\nIndonesian workers.<\/p>\n
Looking at the background to the bill, there is no reason to
\nsuspect any ulterior motive on the part of the government.
\nCurrent labor laws of the country contain many weaknesses. They
\nneed reviewing and merging into a single and all encompassing
\nlaw. For example, the current punishment for employers who fail
\nto pay workers the minimum wages, according to the 1969 Law on
\nManpower, is a maximum three-month imprisonment and a Rp 100,000
\nfine. This kind of punishment is too weak to have any deterrent
\neffects. There are other weaknesses in the existing legislation.
\nWhen taken as a whole, therefore, the bill is well intended.<\/p>\n
The concerns of the activists regard the right of workers to
\nform a union, and their right to strike. These are two rights --
\nrecognized by our constitution -- which are essential in an
\nindustrial and democratic society. While the bill appears to
\nrecognize these rights -- and crucial bargaining powers for
\nworkers -- it proposes to give the government the right to
\nregulate the affairs of the union.<\/p>\n
If there are suspicions about the motive, one does not have to
\nlook far behind to find out why. A similar clause in the 1969 law
\nwas used as the basis for a ministerial decree that allowed
\nemployers to call on the military to bust a strike. The decree
\nwas rescinded by the Minister of Manpower Abdul Latief a few
\nyears ago, but who can guarantee that another minister in the
\nfuture would not invoke the clause and allow similar, if not more
\nrepressive, measures against workers? The next minister might not
\nbe as predisposed towards workers as Latief. The fate of workers
\ncannot be left to the whims of a minister in charge. The law
\nshould be clear and firm, and leave little room for
\ninterpretation.<\/p>\n
Some might argue that the bill can still change during the
\nHouse's deliberation before it becomes a law. But one can hardly
\nfind anything comforting in the recent performance of the House,
\nespecially the way it allowed the government's nuclear power bill
\nto be steamrolled into an endorsement.<\/p>\n
The prospect of major changes to the bill is even dimmer given
\nthe House is already flooded by about two dozen bills -- all
\nsponsored by the government -- which it should finish
\ndeliberating before it is formally dissolved in September. With
\nthe general election and the one-month campaign period, this
\neffectively leaves the House five months at the most to finish
\nits constitutional tasks.<\/p>\n
Unfortunately, the tight schedule facing the House is not
\nlikely to guarantee open, serious and extensive discussion for
\nthe bill on manpower, or the other bills that are still pending
\nfor that matter. Deadline pressure is no pretext for poor
\nlegislation, especially when it concerns the fate of millions of
\nworkers. If the House cannot ensure a legislation that is fair,
\nit would be better to leave this bill for the next batch of new
\nlegislators who will move in on Oct. 1.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/the-fate-of-workers-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}