The Omnibus Law of the Job Creation Law was first coined by Joko Widodo in his inauguration speech as the second term President of the Republic of Indonesia on October 20, 2019, exactly one year ago. Initially he initiated it as the Job Creation Bill (RUU). Since the idea was thrown to the public, the public was practically unaware of the planning and formulation process. Protests began to arrive, especially among workers, due to the cancellation of the planned amendments to Law No. 3 of 2003 concerning Manpower but to be integrated into the Job Creation Bill. The rejection was marked by rampant discussions and rejection of the Job Creation Bill which was mocked as the CILAKA Bill because it would injure many citizens. Shortly after the rejection developed, instead of the President being open to the public, the bill changed its title to the Job Creation Bill.
January 13, 2020, the People’s Movement with Workers (GEBRAK) for the first time held a mass demonstration in front of the DPR RI building against the proposed legislation. The dialogue was held, representatives of DPR members who met the protesters said that the DPR had not received the draft bill from the President. Without transparent and open planning and formulation, straddling the legislation making, President Jokowi sent Presidential Letter No R- 06 / Pres / 02/2020 to discuss the Job Creation Bill.
March 2020 Indonesia was hit by the outbreak of the Covid-19 outbreak, the people asked the government to focus on overcoming the virus, but instead, they were secretly rushing to hold discussions. Protests in the midst of the pandemic continued, but Jokowi and the DPR RI still did not hear or even looked around. October 5, 2020, at night on the weekend the Indonesian Parliament and the Government knocked the hammer, passing the Job Creation Law.
Even though it is called “Cipta Kerja”, the majority of its provisions facilitate land grabbing, environmental destruction and exploitation of laborers which in fact eliminate the “workplace” itself (agricultural land, customary territory and fishing area). This correlates with the 12 actors and sponsors of the Omnibus Law above. Through the Omnibus Law, entrepreneurs want to weaken the control of the people who hold sovereignty over the living space, employers want to be free from criminal traps and even want to be legalized to seize land, destroy the environment and impoverish the workers.
GREAT FOR US ALL, WE SHOULD DON’T!
The Job Creation Law is not only an employment issue but also a problem for all aspects of the order of life in the nation and state, starting from agriculture, law, education, press, religion and belief, etc. This law is manifested to shift the nation’s ideology, to shift the nation’s legal and political economy system. Amend, add and delete more than 70 laws and regulations at once, the substance of which contradicts and contradicts Pancasila and the State Constitution. The economic system that was originally aspired by the nation’s founders for the welfare of the people has shifted to the interests of the rulers and business partners of the rulers (oligarchy). That’s why the Omnibus Law resistance movement emerged since the beginning of this idea was issued by the President of the Republic of Indonesia (RI). Various popular movements against the Omnibus Law are spread in various regions in Indonesia in various forms. Starting from academic spaces to street demonstrations, the climax is the day after the Omnibus Law on the Employment Creation Law is enacted.
The Jokowi-Ma’ruf Amin regime succeeded in consolidating the Government and the House of Representatives in passing the Omnibus Law. A regime that succeeded in striking the State constitution in order to castrate the basic rights of citizens. One small insulting example of the Omnibus Law is in Law 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land, article 44 paragraph 2, which reads ‘In terms of GENERAL INTEREST, sustainable food agricultural land can be converted’ but the Job Creation Law (version 812pages) was changed from the original land for public interest, for the benefit of the people becomes GENERAL INTEREST and or STRATEGIC NATIONAL PROJECTS. Another example, Law No. 41 of 2014 concerning Animal Husbandry and Animal Health, Article 36B (1) reads’ Imports of livestock and animal products ARE MADE IF DOMESTIC PRODUCTION AND SUPPLY IS NOT ENOUGH amended to: “ Imports of livestock and animal products are MADE TO MEET NEEDS by pay attention to national food needs. These two articles are one of the small examples in which the Omnibus Law of the Job Creation Law is not intended for small people such as small breeders, farmers, farm laborers, and the majority of the Indonesian people. This is not yet the change in regulations in the labor, education, press, film, religion and belief, environment, and so on. In short, the omnibus law makes the people more and more involved and destitute.
PEOPLE OF ANGRY
That is why, on 6, 7 and 8 October 2020 mass actions took place in at least 60 cities / regencies spread across more than 20 provinces to protest against the passage of the Omnibus Law on the Job Creation Law. People’s anger exploded across Indonesia. The state responded to this protest with violence, criminalization, terror and intimidation. We documented the brutal actions of the security forces during the national simultaneous actions on 6, 7 and 8 October 2020. The brutal actions of the police officers against the protesters consisting of various elements of society were accompanied by the arrest of thousands of demonstrators. Until October 9 at 15:50, we recorded 3,367 protesters who were arrested by the Indonesian National Police. Meanwhile, the Head of Public Relations Division of the National Police, Inspector General Argo Yuwono, in his statement on Saturday (10/10), which was reported by CNN Indonesia, stated that there were 5,918 protesters.
The resistance is closed, accused of being masterminded
Clearly the silencing of people’s resistance was carried out by the State. The National Police Headquarters ahead of the ratification of the Omnibus Law issued STR / 645 / X / PAM.3.2. / 2020 dated October 2, 2020, which contains orders from the National Police Chief to carry out surveillance, prevention and even prosecution for people who oppose the Omnibus Law. These orders were actually carried out in the form of exerting excessive force in handling demonstrations, cyber patrols by arbitrarily arresting citizens who voiced their opinion against the Omnibus Law accompanied by the construction of a narrative that the people who refused had not read until the demonstrators who took to the streets were accused. masterminded and paid.
It is not enough to go through the security apparatus, the main action of silencing is for students and academics, the Ministry of Education & Culture (Kemendikbud) issued Circular No. 1035 / E / KM / 2020 regarding the appeal for Online Learning and Socialization of the Job Creation Law. Instead of the Covid-19 pandemic, students are advised to keep quiet and watch the ruling regime destroy all the foundations of the existing populist economy. The Academic Alliance Rejects the Omnibus Law believes that the letter is an effort to silence the aspirations of the academic community in expressing opinions, besides that campus autonomy and the integrity of higher education institutions as knowledge institutions that only serve the truth, not serve the interests of the authorities. Now, another way is taken, namely colliding with fellow citizens. People who reject the Omnibus Law have to deal not only with batons from the police but also with preman mass organizations, which of course we should be suspicious that they are controlled by the authorities.
ACTORS BEHIND THE SAHNIBUS LAW
There have been accusations from the authorities, including the Coordinating Minister for Economic Affairs, that the actions to reject the Omnibus Law that occurred in all provinces were actions masterminded by practical political interests. This accusation is meant to cloud the anger and struggle of the people who no longer trust the government. Anger peaked after the enactment of the Omnibus Law on the Job Creation Law which was rejected by various parties since its appearance. The October 6, 7 and 8 simultaneous actions were one of the peaks of the people’s anger. The accusation also wants to obscure who is the real active sponsor behind the ratification of the Omnibus Law on the Job Creation Law.
Airlangga Hartarto himself does not deserve to be heard because he is part of the oligarchy that benefits from the Omnibus Law, which will be explained further below. Therefore Airlangga has a conflict of interest with the Omnibus Law, something that is prohibited in the Law on Government Clean from Corruption, Collusion and Nepotism.
The Clean Indonesia Coalition, the Mining Advocacy Network (JATAM), Greenpeace Indonesia, and Auriga Nusantara conducted in-depth research on the names of 12 members of the Omnibus Law Task Force who have links to the mining and dirty energy business, especially coal. They are: Airlangga Hartarto, Puan Maharani, Arteria Dahlan, M Arsjad Rasjid, Lamhot Sinaga, Erwin Aksa, Bobby Gafur Umar, Benny Soetrisno, Azis Syamsudin, Pandu Patria Sjahrir, Raden Pardede, Rosan Roeslan Airlangga, who plays the role of the person who forms the Omnibus Task Force team, for example, is connected to PT Multi Harapan Utama, a coal mine in Kutai Kartanegara, East Kalimantan. The concession area of PT MHU reaches 39,972 hectares or the equivalent of the city of Surabaya. East Kalimantan Mining and Energy Agency records in 2017, PT MHU left 56 ex-mining pits scattered in Kutai Kartanegara, and one of its mine pits in Loa Ipuh Darat Urban Village, Kilometer 14, killed Mulyadi, in December 2015. These 12 names of active sponsors are certainly behind Joko Widodo’s interests as President of the Republic of Indonesia who initiated the birth of the Omnibus Law, as he conveyed through the presidential speech during his second term inauguration on October 20, 2019.
HOW DO THE PEOPLE?
The ratification of the Job Creation Law on October 5, 2020 by the DPR and the government has been the trigger for the angry bomb that has been harbored by civil society. It was proven that during the actions of 6, 7 and 8 October it had sparked action in various regions. This means that this rejection movement shows that all elements of civil society are already embarrassed and angry with the injustice and impartiality that has been shown by state officials so far. The right of judicial review (JR) to the Constitutional Court (MK) was echoed starting from the ministers, the chairman of the DPR RI, to the president. However, for us, judicial review of the Constitutional Court is not a choice of resistance and is not the only constitutional step. In the experience of the people, the legal process is often a place of impunity. In the context of the Omnibus Law, JR is a trap because there are so many articles in it that will keep the trial running for years, while the provisions in the Omnibus Law which rob the people of life continue to run.
In addition, the Job Creation Law is a political product, which can also be canceled through political attitudes and political pressure, namely through popular protests or demonstrations and it is a constitutional step. In history there is Law No. 25 of 1997 concerning Manpower which was passed but never enforced due to community rejection actions. We also view the revision of the Constitutional Court Law, which was carried out just a month before the ratification of the Job Creation Law, as a process that is full of political interests. On January 28, 2020 the President even came directly to the Court at an event and asked the Court for support regarding the Omnibus Law. This seems to remind us that the Constitutional Court Judges also have a bias or conflict of interest, because 3 MK Judges were submitted by the President and 3 other MK Judges were submitted by the DPR.
Siding with the people is not a ruler!The accumulation of anger from civilians due to the mistrust that had been growing secretly finally exploded when the Omnibus Law was passed hastily and denied the principle of public participation. So we call for: 1. Together carry out CIVIL DEVELOPMENT TOWARD OMNIBUS LAW WORK COPYRIGHT. This means that we must ignore this law even though it has been passed, and URGENT THE PRESIDENT OF THE REPUBLIC OF INDONESIA TO REVOCE IT. 2. DOWN THE ACTION TO THE ROAD to exert political pressure on the regime and the state until the President issues a PERPPU as a sign that the Omnibus Law Cipta Kerja Law has been revoked or canceled 3. BUILDING UNITY OF NATIONAL GRASS ROOTS MOVEMENT, therefore, if there are fellow citizens taking action on the street, let’s protect them from the anger of the apparatus and thugs paid by the authorities, and then we build a united grassroots people’s movement nationally.
LET’S SHOULDER SHOULD, JOIN HANDS IN THE STRUGGLE AGAINST THE OMNIBUS LAW UNTIL IT IS REFINED!
Jakarta, 20 October 2020
Best regards Movement of Workers with the People (GEBRAK)
KASBI, KPBI, KSN, SGBN, SINDIKASI, FPPI, FKI, KRPI, KPR, SEMPRO, GPPI, KPA
