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.