Laws favor capital owners, ignor public: LBH

Laws favor capital owners, ignor public: LBH

Urip Hudiono, The Jakarta Post, Jakarta

The Jakarta Legal Aid Institute (LBH Jakarta) criticized the
House of Representatives for producing legislation that served
the interests of capital owners more than the general public.

"We are particularly concerned about the legislation on
workers' rights and the privatization of natural resources," the
LBH Jakarta's director Uli Parulian Sihombing told a year-end
conference.

Four laws highlighted by the institute in its review were Law
No. 13/2003 on manpower, Law No. 19/2003 on state-owned
enterprises, Law No. 25/2003 on money laundering and Laws No.
15/2003 and 16/2003 on terrorism.

The institute's research coordinator Asfinawati said the
contents of Law No. 13/2003 on manpower, which was passed on
March 25, could prevent workers from demanding their reasonable
rights from employers.

A strike, for example, which represents an effort by workers
to put pressure on the company to start negotiations, can now
only be organized after negotiations fail, according to the law.

The regulations on outsourcing and subcontracting are also
seen as weakening the position of workers, as the jobs which are
to be outsourced and subcontracted are determined solely by a
company.

Asfinawati also criticized Law No. 19/2003 on state-owned
enterprises, which was endorsed on June 19, for justifying the
pursuit of profits by state-owned enterprises, including through
their privatization, but neglecting what Asfinawati claimed was
their main duty, namely, providing public services.

The institution said Law No. 25/2003 on money laundering and
the two antiterrorism laws reflected Indonesia's powerlessness as
these laws were drafted and passed as the result of global
pressure, which the institution claimed could threaten civil
rights.

The LBH Jakarta also warned of prejudice to the interests of
the general public if the House passed the bills on water
resources, plantations and fishing.

The three bills, the institute said, open up the possibility
of privatization of natural resources, further isolating people
from their land and disrupting traditional industries.

The LBH Jakarta also lashed out at Law No.18/2003 on the
advocates profession, which requires all practicing advocates to
obtain a license issued by the Indonesian Advocates Working
Committee (KKAI) if they wished to provide legal services.

"The law will only make it more difficult for the poor to
obtain legal aid," said the institute's deputy director for
general affairs, Erna Ratnaningsih, referring to the fact that
many legal aid foundation staff, who usually provided free legal
assistance, did not possess practicing lawyers' licenses.

Though the law stipulates licensed advocates will have to
dedicate part of their time to pro bono work, the LBH Jakarta
doubted this would work, and further criticized the KKAI for
imposing a costly "verification fee" on those who wanted to
obtain a license.

The LBH Jakarta currently has only six licensed advocates,
while its three other staff members and many of its volunteers
are only paralegals.