Tue, 23 Aug 1994


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.


Executive Secretary

SISBIKUM Foundation