● 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

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