●
To question on how the GoI guarantee and ensure that there are no unilateral layoffs of
workers by collecting data of business sectors that are vulnerable or affected by the
COVID- 19 and formulating mitigation steps in collaboration with related business
associations.
Employment Protection Regulations and Precariate Workers
10. In November 2021, Indonesia’s Constitutional Court issued an order to the Government and
Parliament to amend parts of the Job Creation Law. The Court also forbade the passing of any
further implementing regulations and policies associated with the law in a two-year grace
period. If the necessary changes are not made within two years, the Court ordered that the Job
Creation Law would become “permanently unconstitutional” and void.
11. In 2020, the GoI initiated a law that aims to create a better employment ecosystem for
Indonesia's economic growth which popularly known as the “omnibus law”. However, in reality
many aspects have been overlooked, both in the formal and material aspects of the process of
drafting the Draft Law on Job Creation. The Law was passed by the parliament in November
2020. However, in November 2021, Indonesia’s Constitutional Court issued an order to the
government and parliament to amend parts of the Job Creation Law after receiving various
judicial challenges submitted by different civil society organizations and individuals. If the
necessary changes are not made within two years, the Court ordered that the Law would
become “permanently unconstitutional”.
12. Komnas HAM has submitted a recommendation to the President and Parliament (DPR RI)
regarding the Job Creation Draft on August 14, 2020. In the letter Komnas HAM concluded that
the procedure for establishing the Job Creation Bill was not in line with the procedures or
mechanisms regulated in Article 5(g) of Law No. 12/2011 on Establishing Legislative Product
where in the set up of laws and regulations the right to participate is guaranteed and the
principle of openness is a fundamental element.
13. The substance of the Law on Job Creation raises concerns about the fulfillment of human rights.
Among other things, the resignation of the state's obligation to fulfill the right to work and a
decent living thereby violating the obligation of progressive realization of the fulfillment of
social and economic rights. This is related to the politics of employment relations which open
the widest possible practice of non-permanent work agreements (PKWT)/contracts; ease in the
process/mechanism of termination of employment; a reduction in the standard of fairness and
fair working conditions in relation to wages, leave and rest, as well as a deterioration in the
protection of the right to associate and organize.13
14. Komnas HAM documented that in 2019, corporations became the second most reported party
related to human rights violations, there were 1,119 cases related to the right to welfare that
were reported to Komnas HAM. Of the many cases, including those related to alleged violations
of employment due to non-payment of normative rights such as salaries and wages, unilateral
layoffs and obstruction of workers' union rights.14
13
Komnas HAM, Omnibus Job Creation Law from Human Rights Perspective, 28 April 2021, available at
https://www.komnasham.go.id/index.php/publikasi/2021/04/28/118/omnibus-law-ruu-cipta-kerja-dalamperspektif-hak-asasi-manusia.html.
14
Komnas
HAM,
Annual
Report
2019,
9
December
2020,
available
at
https://www.komnasham.go.id/index.php/laporan/2020/12/09/76/laporan-tahunan-komnas-ham-2019.html