SBSI

SBSI

From Jayakarta

That the Department of Manpower has not recognized the
existence of the SBSI (Prosperous Labor Union of Indonesia) is
obviously a denial to human rights and Article 28 of the 1945
Constitution. The reason that the existence of the organization
does not conform with the stipulation in Law No. 21, 1954
concerning the Agreement on Labor is not correct.
On the contrary, it is the Department of Manpower that is not
consistent with the constitution. Besides, the department denies
the existence of the Law No. 18, 1956 concerning the Rights to
establish an organization and to hold a meeting that was ratified
from the ILO Convention No. 98.

Also each labor organization is required to fulfill the
provision of the Decision of Minister of Manpower No. 1, 1994. In
fact it is this very decision that has created law uncertainty,
because many regulations produced by the department after the
issuance of the minister's decision tend to violate the
provisions of the higher law. The decisions benefit the
entrepreneurs and weaken the bargaining position of the labor.

For example, the Minister's Decision No. 04, 1986 concerning
the severance of work relation and the payment of separation pay
is quite contrary to the Law No. 12, 1964, concerning the
severance of work relation in private companies. Another example
is the Minister's Decision No. 1108, 1986 is contrary to the Law
No. 18, 1956.

ARIST MERDEKA SIRAIT

Executive Secretary

SISBIKUM Foundation

Jakarta