Gatra Magazine - April 24, 2006
Dita Indah Sari — The uproar over the planned
revisions to the labour law has yet to subside. The
character and process of the next round of
deliberations of the revisions, which were agreed to
in a meeting at the State Palace on April 7, have
also been criticise by labour organisations. Workers
have threatened to continue demonstrating even
though President Susilo Bambang Yudhoyono has
arbitrated “peace”.
Vice President Jusuf Kalla, who had pushed for the
revisions from the start, has warned labour
organisations of the “rules of the game” agreed to
at the Palace. A number of circles persist in
thinking that workers are complicating the
situation.
Before too many accusations are leveled at workers,
I would like to invite [readers] to understand their
arguments. Their opposition is a reflection of the
emergence of a new consciousness among workers.
Workers are become more and more aware that the
Indonesian government is the source of the
sharpening decline in their living standards and job
security.
For workers, this deadly draft reflects the
government’s real position on labour affairs. The
draft seriously erodes workers’ protection and job
security and lays bare the real orientation of the
Yudhoyono government. According to the draft, the
era of the free market and liberalisation must be
accompanied by flexible labour regulations. The aim
being to attract investors and make them feel
comfortable with investing capital in Indonesia. The
unfortunate workers. “More flexible” means further
reductions to severance pay. Dismissals are made
easier. Contract work is extended. Outsourcing
applied without limits.
I believe that Yudhoyono’s decision to cancel the
deadly draft was not because he sides with workers.
Yudhoyono took this position as a result of the
strength of the pressure from street protests. I
still believe that transferring its deliberation to
a tripartite institution is merely a plan to
expedite the revisions though a different door.
Moreover, this also means that the government has
actually rejected workers’ main demand — that the
revisions be canceled.
As a result, workers view the tripartite institution
pessimistically. Firstly, workers are clearly a
minority within the body. The government and
employers are in the same camp and are determined
that the revisions go through. Secondly, the trade
union representatives cannot be regarded as
representing the voice of all workers, because not
all trade unions are represented on the tripartite
forum. Decisions by the tripartite body cannot
possibly be binding on those trade unions that are
not part of the institution.
Kalla’s explanation that this process will proceed
despite continued demonstrations proves that the
government wants to revise the labour law regardless
of the consequences. The government feels there is
no need to reorganise the tripartite body so that
its composition is more democratic. Opposition by
some trade unions is viewed as "violating the rules
of the game" (that were obviously agreed to
unilaterally) rather than accepting it as a warning
that their concerns should considered.
An alternative solution
The revisions that are to be discussed are
absolutely vital to workers. The labour law will
determine whether workers’ futures are bright or
gloomy. The solution that it is absolutely necessary
is that they are more open.
For trade unions the urgent thing that must be
carried out is consolidating and uniting their
position. There needs to be one joint table where
the various unions — both from the tripartite body
and outside of it — can sit down and discuss the
future protection of workers in this era of global
capitalism.
Workers have been of one voice in rejected the
revisions. Why then can they not be of one voice in
discussing the alternatives? At the very least, such
a large forum could set out the basic principles for
the protection of workers, particularly on issues
such as contract labour, outsourcing, severance pay
and wages. If the forum is too broad to formulate
detailed issues, let it be done though another
mechanism. I am convinced that such a forum could be
formed within a short period because trade unions
are already waiting for a single place to set out a
joint program.
It is important for trade unions to jointly
establish a joint mechanism and corridor. Perhaps it
will indeed consume some period of time, but the
democratic process cannot be neglected. It is this
process that will then determine to what extent
trust in the Yudhoyono government can be
rehabilitated.
The consequence of this — if this choice is
followed — is that discussions on the revisions
being facilitated by the government must be ended.
All of us must return to a status quo position. Law
Number 13/2003 on Labour should remain in force for
the moment.
I also want to invite all trade union leaders to be
involved in efforts to struggle for the protection
of our domestic industries that are in the midst of
bankruptcy. The high cost of economic resources and
inefficiency are the root cause of this bankruptcy.
The burden of illegal payments, corruption, the high
cost of energy (diesel, electricity and gas),
damaged infrastructure, interests rates going sky
high, the dependency on imports and much more.
All of these problems must be part of the working
classes’ struggle. It is no longer the time for
trade unions to just be concerned about problems in
their own sector. In the mist of the bankruptcy of
this country, trade unions can no longer limit
themselves, avoid their social and political
responsibilities. Workers welfare will not be
achieved without the involvement of workers in the
Indonesian political struggle.
Dita Indah Sari is a labour activist from the
People’s Democratic Party. She received the Ramon
Magsaysay Award for Emergent Leadership for her work
in 2003.
[Translated by James Balowski.]
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