The West Java Alliance Succeed to Cancel Employment Regional Regulation

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cancellation of employment regional regulation

Solidaritas.net, Karawang – The act supporting the revocation of Regional Regulation Number 4 by 2014 on the Implementation of Employment in West Java, doesn’t ended up in vain. On March 4, 2015, the West Java Alliance (Aliansi Jabar) filed a judicial suit review to Supreme Court and Ministry of Home Affairs (Mendagri) and delivered a copy to Ministry of Manpower and Transmigration (Kemenkertrans).

Some provisions that highly refused by the laborers are: all employment agreement (including PKWT (Employment Agreement for a Certain Period of Time/ Contract-based) to be made verbally; to completely remove provisions of PKWT to a work with 3 years maximum time of employment (article 50 paragraph 1), the company and labor unions can be appointing various types of PKWT work to be registered to the official service (article 50 paragraph 2); an outsourcing-relation cannot be converted into an employment-relation with an employing employer (article 58 paragraph 2).

This means, if the regulation is implemented, it would be a significant threat to the fate of laborers in West Java, even Indonesian laborers, especially for contract and outsourcing laborers. Employers get infinite rights to rule the contract labor and outsourcing labor, also with a verbal employment agreement. As a prominent industrial region, West Java will become a reference for other regions.

The laborers’ claim had been drifting for two months without any clarity, till April 28, they finally got news that Kemendagri recommended to revoke the regulation. The representative of the laborers came to Ministry of Home Affairs to urge the cancellation. The Legal Bureau of Ministry of Home Affairs confirmed that the regulation can be cancelled.

On May 20, 2015, the mass of West Java Alliance came to Ministry of Home Affairs and once again insisted the cancellation of regulation that called plot. In the negotiation, Kemendagri didn’t dare to re-assure (revised the previous answer), thus it made the people fed up. Moreover, the officials of Kemendagri explained that the existence of regulation has been negotiated between the Parliament of West Java and the representatives of laborers’ union that demanded revision. This caused West Java Alliance questioning the role of labor unions that settled on LKS Tripartit, West Java.

“It wasn’t us, Sir. We never had a protest there,” explained the representative of West Java Alliance, Wahidin.

Up to the evening, the mass didn’t geta certain response and decided to visit the house of Minister of Home Affairs, Tjahjo Kumolo. This immediately became sensational scene. The representatives were being called again to have a negotiation and an outlook over the regulation that could be repealed. The mass was asked for patience to wait for the progress.

After the protest, the representatives should be to Kemendagri for several times, as counted on May 22, 2015 and again accepted by th Head of Assessment and Evaluation of Legal Products Regional II, Kunto Bimaji. The representatives felt dejected, as the cancellation letter hasn’t yet issued, in the end they requested Kunto Bimaji to sign for a declaration letter (minutes) will be invalidating Perdanaker of West Java, also delivering notification letter of protests from a number of institutions and official residence of Minister of Home Affairs on May 26 to 29, 2015.

Eventually, on June 4, 2015, Mendagri issued a ministerial decree number 560-2492 year 2015 that repeal 17 provisions of Regional Regulation number 6 year 2014 of West Java on the Implementation of Employment. To respond this matter, West Java Alliance can only wait for Governor of West Java to file an objection to the President within 14 working days.

As there weren’t any objections, then on July 3, 2015, West Java Alliance gathered in Karawang to create an open letter to the Governor of West Java, Ahmad Heryawan, also to announce and socialize the ministerial decree in order to be used together to fight against the greediness of the employers.

(All advocacy documents archived by Solidaritas.net/Indonesia Solidarity Foundations)

Photo: Julian/PPMI.

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