unions in determining labor minimum wage as it allows decisions on wage
standards to be made without the participation of the Wage Council.
15. The drafting process of the Omnibus Law did not go through meaningful
public participation. This was one of the considerations of the Constitutional
Court's decision No. 91/PUU-XVIII/2020 to cancel Law No. 11 Year 2020
concerning Omnibus Law Job Creation. Without meaningful public
participation, the Omnibus Law on Job Creation was reenacted through the
enactment of the Government Regulation in lieu of Law (Perpu) No. 2 Year
2022 and later on was endorsed by DPR through Law No.6 Year 2023.
concerning Omnibus Law on Job Creation.
C. Anti-corruption measures
16. Regarding the attack against one of the Corruption Eradication Commission
(KPK) staff, Novel Baswedan, on 11 April 2017, Komnas HAM assessed that
the legal process was inadequate so it did not provide a deterrent effect and
guaranteed protection for KPK staff. Komnas HAM is of the view that efforts
to eradicate corruption are a form of defending human rights (human rights
defenders). First, the public prosecutor provides a trial for 1 year for the
perpetrators. Regarding the Novel Baswedan case, the defendant Rahmat
Kadir Mahulette was sentenced to two years in prison. His colleague, Ronny
Bugis was sentenced to one year and six months in prison. The two active
members of the Indonesia National Police were charged under Article 353
Paragraph 2 in conjunction with Article 55 Paragraph 1.1 of the Criminal
Code.
17. In 2021, as a result of the implementation of the revised KPK Law, 75
employees of KPK were dismissed as they were deemed not in compliance
with the requirements to pass the Test on Nationhood Perception (Tes
Wawasan Kebangsaan), including a senior employee, Novel Baswedan. The
said test should have been carried out transparently to ensure its aim to
strengthen KPK. Furthermore, this kind of test should have not been used
retroactively to cancel the employment status of KPK’s staff, as this could
have been considered a violation of the right to work.
D. Non-discrimination
18. A study conducted by Komnas HAM in the year 2020 found incidents of
discrimination based on race or ethnicity in government schools, which
limited the number of students from certain races or ethnicities.
19. Based on Komnas HAM's monitoring of the implementation of the
Convention on the Rights of Persons with Disabilities (CRPD) in 2020.