The discussion on the Draft Manpower Creation Law (Omnibus Law 2020) conducted by the government and the House of Representatives was rejected by a coalition of civil society members of the Indonesian People's Faction (FRI). The FRI faction assessed that the Job Creation Bill would have a bad impact on the environment, indigenous people, fishermen, women and education.
Coordinator of the National Mining Network, Merah Johansyah, said that the article by article in the Job Creation Bill has the potential to accelerate environmental damage. In the issue of coal mining, for example, a company that plans to extend a contract is no longer limited by its mining area.
“The addiction to coal is perpetuated with a number of incentives and conveniences. This seems reasonable because 127 members of the task force have conflicts of interest as mining and coal entrepreneurs, "said Merah at the #B Cancelomnibuslaw press conference which was held Monday, October 5, 2020.
According to Merah, this also has an impact on changing the concept of environmental impact analysis (AMDAL) which should be risk-based because it considers environmental conditions to be business-based. The participation of community groups in the preparation of AMDAL is eliminated so that the contestation between the public and entrepreneurs who do not care about the damage to nature becomes unbalanced.
Tommy Indyan, an activist of the Indigenous Peoples' Alliance of the Archipelago, said the Job Creation Bill had the potential to exacerbate spatial conflicts between farmers and companies. The removal of the ban on land clearing by burning which is excluded for traditional farmers, has the potential to criminalize farmers.
This contradicts the recognition and protection of the constitution for indigenous peoples as stipulated in Article 18 B paragraph 2 and Article 28 I paragraph 3 of the 1945 Constitution. This is also contrary to the ILO Convention 111 Tahin 1958 which guarantees that indigenous peoples carry out their work from generation to generation.
“The government treats traditional farmers and large companies in an equal position. The government should protect traditional farmers, "he said.
On the other hand, criminal threats aimed at companies that damage and pollute the environment are replaced by administrative penalties in the form of fines. Concession holders are no longer responsible for forest fires and landscape changes.
"If the concession holder is not responsible in an area that is counted as negligence, then who is the area for accountability targeting? Of course indigenous people and farmers, ”said Tommy.
The Secretary General of the People's Coalition for Fisheries Justice (Kiara), Susan Herawati, worries the same. The ratification of the Job Creation Bill will increasingly confiscate fishermen's space on the coast and small islands. In order to go to sea, traditional fishermen with boats under 10 gross tons must apply for a permit.
"This equates small and large fishermen, which means directly confronting and eliminating government protection for small fishermen," he said.
He assessed that the contents of the Omnibus Law seek to strengthen the position of marine spatial planning which is regulated in the Coastal Zone and Small Islands Zoning Plan (RZWP3K). This strengthening does not place fishermen and fisherwomen as the main actors in managing marine resources.
The lack of women's roles in the Omnibus Law Bill, according to Ariska Women's Solidarity activist, also has the potential to widen inequality. The high level of spatial conflicts involving fishermen and farmers often presents multiple intimidations to women. Ownership of land by women is increasingly difficult because the government has prioritized investors over small communities.
"In addition, the protection of women's labor rights has the potential to get worse with the elimination of menstrual leave and leave for miscarriage. The work agreement will only regulate two leaves, namely long leave and annual leave, "he said.
Apart from questioning the aspect of natural resources, the Omnibus Law is considered to have an impact on human resource development. President of Sebelas Maret University Surakarta Student M. Zainal Arifin said the Omnibus Law has increasingly smoothed out efforts to commercialize and privatize the education sector. Although a number of articles on education have been removed, the potential for commercialization is still open through government regulations.
"This is what we are concerned about, the government wants to relinquish its responsibility to educate the nation. We will tackle it until the omnibus law is canceled, ”he said.
The Student Cabinet of the Bandung Institute of Technology Wicaksana said that the industrialization of education occurred due to the elimination of the word non-profit from the goal of higher education. This contradicts Law 20 of 2003 concerning the National Education System, Law No. 14 of 2005 and Law 12 of 2012 on Higher Education.
Wicaksana said that permits to establish foreign public universities no longer pay attention to accreditation in the country of origin so there is no quality control. As with Indonesia, the accreditation of study programs will be removed.
Chairperson of the Indonesian Legal Aid Foundation, Asfinawati (YLBHI), assessed that workers, farmers, fishermen, indigenous peoples and women are not guaranteed the least bit in the Omnibus Law to get sustainable benefits from the potential of natural resources. The Job Creation Bill actually provides a great opportunity for entrepreneurs who destroy the environment and violate human rights.
Asfinawati criticized the government and security forces for stopping the criminalization of people who went on strike and demonstrations against the Omnibus Law. According to him, the rights to associate, assemble and express opinions are guaranteed by the constitution.
"We declare a motion of no confidence to the DPR and the government. The people demand to stop the discussion and cancel the Work Creation Omnibus Law Bill, "he said.
In the midst of various rejections that have emerged in the community, the Indonesian Parliament has accelerated the ratification of the Omnibus Law Ciptaker into an official law. Previously, the hammer hit was scheduled to take place on Thursday, October 8, 2020. However, through a plenary meeting held today, Monday, October 5, 2020 the DPR officially passed the bill. (Deborah Blandina Sinambela)