Thu, 26 Dec 1996

'Bill doesn't reflect workers' interests'

JAKARTA (JP): The Indonesian Legal Aid Foundation has blasted the government for its manpower bill which it said would subject workers to even worse conditions.

Teten Masduki, the foundation's workers' division director, told The Jakarta Post Tuesday that the government-sponsored bill would "legalize" unfair labor practices, lessen workers' room to fight for their welfare, and might even help set Indonesia's image as a site for cheap-labor.

The bill would only serve to meet the state's economic and political interests, using, as its justification, the increasing competition of the free trade era, he said Tuesday after a discussion on workers' rights.

"The bill explicitly shows the government's mission of providing cheap and politically obedient labor. It does not reflect the interests (of the workers)," Teten said.

If passed into law, the bill would only make it more difficult for the government to protect workers' rights in times of free and harsh competition, he pointed out.

The bill seeks to amend the 1969 Law No. 14 on Manpower, which stipulates that the government has the authority to conduct "labor inspections" and enforce the law. If passed, the bill will allow the government to -- without restraint -- interfere in labor industrial disputes.

The bill is currently registered at the House of Representatives and is expected to pass into law before the general election to be held next May.

Activists have criticized the document for allegedly leaving out provisions on workers' right to assemble. They believe this would, directly or indirectly, leave workers no choice but to join the sole officially sanctioned All-Indonesia Workers Union Federation rather than establishing or choosing their own unions.

Lutfi Hakim, director of the legal aid division at the Jakarta chapter of the unrecognized Indonesian Prosperous Labor Union, said amending the law would be useless unless subsequent regulations are also to be established.

The proposed bill, with 9 chapters and 35 articles, would have to be accompanied by 21 new legislations because it does not meticulously mete out specific interpretation of the law. This situation, according to the activists, enables the government become the sole interpreter of the law.

One good point is that the proposed bill incorporates protection for those working in the informal sectors.

Aris Ananta of the University of Indonesia had earlier urged the government to include those working in the informal and rural sectors, 70 percent of whom are not covered by labor laws.

"Those workers in the informal and rural sectors are uneducated and low-skilled and most of them are living below the poverty line," he said.

Criticism of the existing laws includes lack of provisions on the protection of child workers, migrant workers and indigenous people.

Lawyers from the Institute of Policy Research and Advocacy, the recently founded legal aid for women called the Association of Indonesian Women for Justice, and the Jakarta Social Institute took part in Tuesday's discussion with Teten.

Separately, Antara reported yesterday that as many as 68 of a total of 16,737 companies which violated manpower regulations in 1996 have been brought to court.

Director general for supervision of workers of the Ministry of Manpower, Suwarto, said Monday that of the 68 companies brought to court, 25 had been handed a verdict. Of the 25, 5 company owners were sentenced to imprisonment and 20 were fined, he said.

He further noted that businesspeople's awareness of manpower regulations increased in 1996 because some 200 companies were sued in 1995 for violating similar regulations.

He added that between January and November, there were 344 labor strikes, involving 220,914 workers. Most of the strikes were related to wage and benefit increases.

The government will announce increases in the regional minimum wage rates early in January 1997, he said. (06)