Incomplete record of worker protection...

Fulfillment of worker welfare, health and protection is still far from ideal. Hopefully Marsinah's case will not happen again.

KOMPAS/TOTOK WIJAYANTO

Transport workers are moving 700 tons of cement from trucks to a wooden ship at Sunda Kelapa Port, North Jakarta, on Tuesday (18/10/2011), before sailing to Jambi. For every 1 ton of cement transferred, the workers receive a wage of Rp 7,000.

"When you talk about workers, they say they are good, but actually they are not good. "Many people haven't been able to get decent work," said Febry (38), a worker at a goods sorting warehouse in the Special Region of Yogyakarta, Wednesday (1/5/2024), when contacted from Jakarta.

For almost a year now, Febry has been working at a warehouse sorting goods. As a warehouse worker, his duty is to sort, tidy up packages, and lift goods before they are sent to the customer's address.

As a freelancer, Febry does not have a fixed work schedule. This also causes his income to fluctuate. In addition, Febry also does not receive complete protection guarantees for health and work safety because he is not a permanent employee.

Also read: Struggle to become a permanent worker and struggle to regain land rights

"I am sometimes worried about getting sick or having an accident, what would happen then," she said. Therefore, Febry registered herself as an individual participant of BPJS Kesehatan. She also often takes on additional jobs to meet her daily needs.

Sometimes I worry about getting sick or having an accident, so what.

KOMPAS/P RADITYA MAHENDRA YASA

Farm laborers taking a rest during the harvesting of green beans, which is one of the agricultural commodities during the dry season, in the Wonosalam sub-district of Demak regency, Central Java on Tuesday (5/9/2017). The poor quality of life for farmers is caused by various factors including a lack of capital, low value of agricultural products, and inadequate government policies towards farmer welfare.

According to Febry, many people have difficulty finding decent employment due to their educational level, limited access, as well as experiencing discrimination based on their age, gender identity, and sexual orientation. Even if they do manage to secure a decent job, marginalized groups often receive minimal wages, are not granted all their rights, and are often persecuted in the workplace.

Policies that limit working age, for example, cause many older people to become unemployed. "This leads to a high poverty rate and makes older people depend on their families. It should be those who are still capable of working who are given the opportunity to work," he said.

As a transgender woman, Febry has also experienced discriminatory treatment. "At work, many people often belittle, sneer, and ridicule. At first, I was shocked, but in the end, I just let it go. I don't care, because I just want to work," she said.

At work, many people tend to underestimate, mock, and ridicule. At first, it was shocking, but eventually, I just let it be. I don't care, because I just want to work.

On Labor Day, Febry hopes that the government can provide good and decent jobs for all genders. He also hopes that there will be comprehensive protection for workers and that implementation of workplace rules will not be discriminatory.

KOMPAS/RHAMA PURNA JATI

Hundreds of workers staged a demonstration at the People's Struggle Monument in Palembang, South Sumatra, on Monday (1/5/2017). They demanded improvements to wages for the welfare of workers.

Three eras of time

Based on the book Employment Development in Indonesia published by the Ministry of Manpower and Transmigration (2011), employment issues in Indonesia can be understood from three time eras.

After independence, labor regulations tend to provide social guarantees and protection to workers. This can be seen from several regulations in the field of labor that have been enacted during this time.

In the post-independence era, labor laws tend to provide social guarantees and protection to workers. This can be seen from several regulations in the field of labor enacted during this time. Contributions to the success of achieving independence during the revolution (1945-1949) also ensured that the labor movement obtained a good place or position after Indonesia gained its independence.

In the pre-reformation era, there was a change in political power towards the mid-1960s, which was known as the era of the New Order government. The problems faced by Indonesia in 1966 and 1967 were quite serious, especially in terms of creating job opportunities. A labor-intensive project is a program that aims to accommodate as many unemployed and underemployed people as possible using relatively small capital.

In the New Order era, labor organizations can be said to be oppressed and regulated in such a way that only government-backed labor organizations are accommodated. The end result was the tragic death of Marsinah, a factory worker in Sidoarjo, East Java, who fought for the rights of workers. Marsinah was killed by the authorities at that time. Nevertheless, her death inspired a massive labor movement in the following era.

In the Reform era, there were complex problems, including the ballooning of foreign debt, uncontrolled bank credit, concentration of executive power, corruption-collusion-nepotism (KKN), high-cost economy, and business conglomerates. The political reform movement has also stimulated labor union reform in Indonesia. Many workers in Indonesia feel that they have regained their rights to organize freely.

The workers' union does many things to push for the improvement of workers' lives, one of which is demanding the establishment of a National Health Insurance program (JSN) and supporting the Social Insurance Implementing Agency (BPJS).

Workers' unions do a lot to push for improvements in workers' lives, one of which is demanding the formation of a National Health Insurance (JSN) program and supporting the Social Security Organizing Agency (BPJS) during the era of President Susilo Bambang Yudhoyono.

KOMPAS/HENDRA A SETYAWAN

A mural of the late Marsinah is depicted on the wall of a house in the Pondok Cabe area of ​​Tangerang Selatan, Banten, on Friday (21/1/2022). Marsinah is an eternal symbol of the struggle to uphold truth that will never fade from the hearts of the people.

Unfortunately, according to Arif Maulana, Vice Chairman of Advocacy and Network Division at the Indonesian Legal Aid Foundation (YLBHI), the fulfillment of welfare and protection of health and safety for workers is far from ideal. Moreover, during President Joko Widodo's administration, the lives of workers were sacrificed by silencing their constitutional and democratic rights.

Arif exemplified that Government Regulation Number 78 of 2015 concerning Wages was ratified despite receiving widespread rejection from labor movements. Through this regulation, the determination of minimum wages is based on inflation rates and economic growth. "This rule marks the beginning of the silencing of labor unions and the stripping of the functions and roles of worker unions/labor unions," said Arif.

This regulation marks the start of the silencing of trade unions and stripping away the functions and roles of trade unions.

In 2020, the government and the House of Representatives (DPR) passed the Job Creation Law. The omnibus law is considered to have ignored democratic principles in its formation. A total of 38 lawsuits were filed with the Constitutional Court to reject the law.

Decision No. 91/PUU-XVIII/2020 declares the Job Creation Law to be conditionally unconstitutional. However, instead of following the decision of the Constitutional Court, Jokowi actually issued Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation.

We remind the government, DPR and MK not to continue unconstitutional practices and violate democratic principles.

Arif stated that the problems faced by workers are the result of the democratic principles that have been undermined by Jokowi. "We remind the government, DPR, and MK not to continue unconstitutional practices and violate democratic principles," he said.

KOMPAS/IRMA TAMBUNAN

Thousands of protesters rejected the passing of the Job Creation Law in a demonstration on Monday (10/12/2020). The demonstration was marked by clashes and the crowd was pushed back with tear gas shots.

Also read: The Job Creation Law is Legal, Village Communities and Workers are Increasingly Uneasy

As the new government is set to be formed, Arif stated that there is not much to expect from the government under the elected presidential candidate for the 2024-2029 period, Prabowo Subianto. The reason is that the election process was carried out by violating the law, making it difficult to believe that Prabowo will bring about change in Indonesia.

In the midst of this reality, according to him, the community cannot rely on government institutions. Moreover, there is likely no opposition party that will criticize the government. "This is a constitutional call for the Indonesian people so that they can carry out the role of the opposition. We can only rely on the critical civil power of the community to move and correct the state and the government," he said.

The hope, of course, is that Marsinah's death does not happen again in this Reformation era.