<sub>*Jokowi at the UN Session. © 2020 Merdeka.com*</sub>
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President Joko Widodo or Jokowi said the demonstration against the Job Creation Act was due to hoaxes and disinformation. In fact, he said, this Act actually made it easier for people to open new businesses.
Jokowi also straightened a number of confusing information regarding the substance of the Job Creation Law. However, Jokowi's statement is different from the view of President KSPI Said Iqbal.
The following is a comparison of Jokowi and Said Iqbal's statements regarding the Job Creation Law which was passed in the DPR plenary on 5 October.
### Minimum wage
Jokowi denied the busy issue regarding the Job Creation Law removing the Provincial Minimum Wage (UMP), Regency / City Minimum Wages (UMK), and Provincial Sectoral Minimum Wages (UMSP). He ensured that the Regional Minimum Wage (UMR) remained.
"This is not true, because in fact the Regional Minimum Wage (UMR) still exists," Jokowi explained when giving a press statement regarding the Job Creation Law from the Bogor Presidential Palace, West Java, Friday, October 9, 2020.
Meanwhile, President of the Confederation of Indonesian Workers Unions (KSPI) Said Iqbal admitted that MSEs still exist in the Job Creation Law, but there are requirements regulated in Government Regulation (PP). He said, in the Job Creation Law, what must be stipulated is the UMP.
"This further confirms our concern that UMK will be eliminated, because it is no longer an obligation to stipulate," said Said Iqbal.
According to him, what workers want is that the UMSK remains and the UMK is stipulated in accordance with Law 13 of 2013 without conditions, with reference to the necessities of decent living (KHL).
### Wages are calculated per hour
Jokowi stressed that there was no change in the wage system in the Job Creation Law. This means that the wage system still refers to Law Number 13 of 2003 concerning Manpower
"There is no change with the current system. Wages can be calculated based on time and based on results," he said.
Said Iqbal said that the rules in the omnibus law (regarding amendments to Article 88B of Law 13 of 2003) allow for the payment of time unit wages. This could form the basis of hourly wage payments.
"The demand for workers is to emphasize in the Omnibus Law of the Job Creation Law, that the hourly wages are not allowed to be enforced," he said.
### Paid leave
Jokowi emphasized that the Job Creation Law still guarantees various kinds of leave. Starting from, sick leave, death leave, to birth leave. So, the information about all leave is eliminated and there is no compensation is a hoax.
"There is news that all leave, sick leave, marriage leave, circumcision leave, baptism leave, death leave, maternity leave will be abolished and there is no compensation.
I affirm this is also not true, the right to leave remains and is guaranteed," he said.
On the other hand, Said Iqbal said, long leave has the potential to disappear because it is no longer an obligation that must be given by entrepreneurs.
In Law 13 of 2003 Article 79 Paragraph (2) letter d is explicitly regulated, that employers must grant 2 months of extended leave to workers who have worked for 6 (six) years.
"Meanwhile, in the omnibus law, the article that regulates long leave is changed, so that long leave is no longer the obligation of entrepreneurs," he said.
"The demand for workers is that all workers' leave rights are returned as stipulated in Law 13 of 2003," continued Said.
### Unilateral Layoffs
One of the information that Jokowi straightened out was also related to the Job Creation Law, namely, the matter of Termination of Employment (PHK). Jokowi denied the issue that the company could unilaterally lay off workers.
"Can companies be unilaterally laid off at any time? Not true. The truth is that companies cannot unilaterally lay off workers," said Jokowi.
Said Iqbal explained, the fact is that companies that carry out layoffs unilaterally, in the omnibus law Cipta Kerja are no longer categorized as null and void and wages during the layoff dispute process are not paid.
This, he said, was due to the omnibus law abolishing article 155 of Law 13 of 2003 which regulates layoffs and provisions for companies to terminate employment.
"If there is no regulation that states that layoffs without permission from the industrial relations settlement agency are null and void and there is no obligation to pay other rights during the dispute process, layoffs will be easier," he explained.
In addition, Said said that in the omnibus law, layoffs could be done because workers were absent (without explaining how long it took to be absent, so it could only take one day). In fact, in Law 13 of 2003, dismissal for being absent can only be done after being absent for 5 consecutive days and being summoned at least 2 times in writing.
### Social Security
Jokowi also ensures that social security for workers and workers remains in the Job Creation Law.
"Then also the question is, is it true that social security and other welfare are missing? The truth is that social security still exists," said Jokowi.
Meanwhile, KSPI revealed, the fact is that outsourcing employees and free employees will easily be recruited and fired. Thus, it is difficult for them to work until retirement.
"So they do not get pension guarantees. Even now, there are still many outsourcing workers who do not get pension security or other social security," said Said Iqbal.
### Lawsuit to MK
Jokowi stressed that there would be derivative regulations related to the Job Creation Law that had just been passed by the DPR, which could be a PP or a Presidential Regulation (Perpres). Jokowi targets that the regulation can be completed in three months, after it is promulgated.
He ensured that the government would be open to receiving input from all parties in making derivative regulations for the Job Creation Law. Jokowi believes that this law will improve the lives of millions of workers in Indonesia.
"Our government opens and invites input from the public and there are still suggestions and input from the regions," he said.
Jokowi also invited people who did not agree with the Job Creation Law to submit a judicial review to the Constitutional Court (MK). According to him, the Indonesian constitutional system regulates this.
**_Reporter: Lizsa Egeham_**
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