Iwan Setiyawan, Jakarta — Workers and employees in
Indonesia are still not free to associate. This can
be seen from the small number of trade unions in the
workplace, that is around 5.8 percent out of a total
of 189,000 companies in Indonesia.
This was one of the results of a study by the
Indonesian Labour Education and Research Institute
(LPPKI) and the Actrav Norwegia International Labor
Organization (ILO) on the freedom of association,
outsourcing and youth labour that was released in
Jakarta on Tuesday April 15.
Based on data from LPPKI, only around 11,000 out of
189,000 companies have a trade union or employees
association. The number of trade unions or employees
associations meanwhile currently stands at 87 at the
national level and hundreds at the regional level.
LPPKI is an alliance of three confederations, the
Confederation of the All-Indonesian Workers Union
(KSPSI), the Confederation of Indonesian Trade
Unions (KSPI) and the Confederation of Prosperity
Labour Unions (KSBSI).
KSBSI campaign coordinator Andy Sinaga revealed that
the results of the survey showed that out of 144
employees from 110 companies in industrial zones in
Banten province, Jakarta special province and the
provinces of West and East Java in June 2007
indicated that a number of companies are still
opposed to the presence of trade unions and carry
out intimidation or establish rival trade unions.
Whereas Law Number 21/2000 on Trade Unions
stipulates that employees and workers have the right
to form trade unions along with the criminal
penalties for those who violate this. “Freedom of
association is still minimal. Ironically, [we] have
yet to see criminal penalties [applied] against
violations of the freedom of association”, said
Andy.
Six cases
As of 2007, six cases of violations against freedom
of association in Indonesia have been reported to
the ILO Geneva Committee for Freedom of Association.
According to Sinaga, trade unions are absolutely
necessary to act as a bridge in the resolution of
industrial conflicts. Some companies however still
have concerns about the formation of trade unions or
employee associations because they believe it will
damage the company financially.
This problem is worsened by the low level of labour
supervision, particularly in the regions. Out of the
700 supervisors across 33 provinces, more than 50
percent are not trained supervisors.
The head of the Worker Organisation Section of the
Department of Labour, Agus Salim related how the
placement of untrained supervisors results in many
labour problems being ignored. Nevertheless, this
year there have been efforts to obtain a commitment
from governors, regents and mayors throughout
Indonesia to undertake a revitalisation of labour
supervision.
The other problem that hinders labour is contract
labour systems (outsourcing) that ignores the length
of time a worker has been employed and negates
workers’ rights.
Minimal awareness
The head of the Indonesian Employers Association
(Apindo) board of directors, Hasanuddin Rachman
revealed that the small number of trade unions
formed is because workers and employees still have a
low level of awareness.
Labourers, continued Rachman, have the right to form
or not form trade unions. Meanwhile it is difficult
for the business world to motivate workers or
employees to form trade unions.
Because of this therefore, tripartite efforts
(government, employers and trade union
confederations) are needed to socialise the
formation of trade unions in the workplace.
In relation to contract labour, Rachman said that
the system is in accordance with Law Number 13/2003
on Labour, that is a maximum labour contract of two
years and maximum extensions of one year. (lkt)