Procedural flaw of Job Creation Law
Problems caused by the Job Creation Law stems from the low quality of the regulation-making process, especially the deliberation process by the House, which began with the exclusion of the labor unions.
Legal drafting process must be based on Law 12/2011 on Law Making. According to Article 10, the material content of a law shall contain, among others, further regulation of the provisions of the 1945 Constitution and fulfillment of public legal needs.
In addition, the constitutional rights of workers to employment and adequate standard of living, social security, as well as protection and legal certainty should be a reference in drafting the articles in the employment cluster of the Job Creation Law, so that they align with the spirit of the 1945 Constitution.
In the same vein, the fulfillment of public legal needs, especially the working class, must be heeded in the Job Creation Law so that industrial relations problems that have emerged so far can be prevented and the workers can really feel the benefits of the Law.
Procedurally, the law making process must involve the public. Article 96 of Law 12/2011 stipulates that the public has the right to provide input orally and/or in writing. In addition, specifically for labor issues, based on international practices that promote dialogue, and the presence of the National Tripartite Cooperation Institution (LKS Tripartit) which consists of workers’ representatives, employers and the government according to PP 8/2005, the process of in making the Job Creation Law should involve LKS Tripartit.
LKS Tripartit’s role is to provide advice to the president and other relevant parties in developing policies and resolving employment issues around the country. As a result, the government should give LKS Tripartit the opportunity to participate in the law-drafting process.
The Job Creation Act was not written in compliance with current regulations. The measure was written by the government on its own and hurried through the House.
Labor unions were forced to hold major demonstrations as a result of the government’s “arrogance” in continuing to speed through the procedure. The administration simply pledged to postpone the discussion on labor clusters, putting it last in the order of the 11-cluster Job Creation Law, to appease demonstrators during Covid-19’s surge. Nonetheless, the government declined to include labor unions in the subsequent process.
The bill was quickly passed by the House after it was introduced. The philosophical, social, and legal foundations for a complete and in-depth discussion of labor clusters were not followed in each article. The debate did not address the genuine challenges and situations that the working class was confronting. It was all very shallow, with no mention of the academic studies that had been conducted.
The House of Representatives enacted the Job Creation Law on October 5, 2020, and President Jokowi signed it on November 2, 2020. The public was surprised by the address which was delivered of the the hastly passed law, even as the country was still dealing with the Covid-19 outbreak. The law was opposed by a wide range of groups, including academics, community organizations, students, and traditional community members. They all took part in a number of protests opposing the law’s passage.