Workers rally in Jakarta to ensure 2025 minimum wage follows top court's ruling

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Tirto.id – November 7, 2024
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FSPMI and KSPSI workers rally in front of Labour Ministry offices in Jakarta – November 7, 2024 (Tirto)
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Nabila Ramadhanty – Hundreds of workers from the Indonesian Metal Trade Workers Federation (FSPMI) and the Confederation of the All-Indonesian Workers Unions (KSPSI) inundated the Ministry of Labour offices in Jakarta on Thursday November 7.

The workers were holding the demonstration to convey their opposition the use of wage regulations that are not in accordance with Constitutional Court (MK) ruling Number 168/PUU-XXII/2024 on a constitutional review of the Omnibus Law on Job Creation.

The demonstrators, who also brought a command vehicle, began packing into the front of the Ministry of Labour building at 10.45 am. They also appeared to be united in wearing a blue coloured workers' uniforms while waving confederation flags.

The demonstration involved trade union representatives from the FSPMI and KSPSI from West Java, Jakarta and Banten.

"At today's action, we are gathered together in order to fight for the minimum provincial sectoral wage, the regency and municipality minimum sectoral wage, also the provincial minimum wage and the regency and municipality minimum wage", said FSPMI secretary general Sabilar Rosyad on the sidelines of the protest action.

The protesters at the action were asking that Labour Minister (Menaker) Yassierli not to use Government Regulation (PP) Number 51/2023 to determine the 2025 minimum wage. This is because the regulation is not in line with the Constitutional Court's October 21 ruling.

"Secondly, we also remind [the minister] that later in determining the 2025 minimum wage that it use the norms which were decided on by the Constitutional Court, obey the constitution. Third, we ask for the restoration of sectoral wages", said Rosyad.

Rosyad said that based on the Constitutional Court's ruling on the formulation for determining wages, there are no more rules on upper or lower limits, and the formulation for determining wages will return to the Reasonable Living Cost Index (KHL).

"Because the time it tight, okay, the KHL, if we use BPS [National Statistics Agency] data. At a minimum, the determined index goes from number 1, not from point zero (0.1-0.3) such as under the PP 51/2023 before", he said.

Rosyad also stated that the action today is a form of monitoring of the government so it does not rush to set rules on wages.

"Although it is not in accordance with the time, because we see the government's readiness to determine this, don’t rush it, in the end later it will create a state of unrest in the country", explained Rosyad.

On the same occasion, KSPSI Vice President Roy Jinto Ferianto said they are highlighting two points from the national Tripartite Cooperation Institution (LKS) coordinating meeting.

First, the matter of the government's road map that will determine the provincial sectoral minimum wage (UMSP) on December 15, 2024, which is considered to be detrimental to workers.

"This is detrimental to workers, because sectoral minimum wages are not just provincial UMSPs, but there is a municipal-regency sectoral minimum wage. The roadmap was conveyed by the ministry on Monday in the national and provincial tripartite LKS throughout Indonesia. We saw there it was only the UMSP that they will set, even if there is an agreement", said Ferianto.

Then, the second point that is of concern to trade unions is that it has been reported that the government will issue two minimum wage categories, namely a labour intensive minimum wage and a non-labour intensive wage.

"Since before there has only been one minimum wage, because the minimum wage is a basic protection, a safety net. So different minimum wages are not allowed, namely a non-labour intensive and a labour intensive minimum wage", said Ferianto.

Ferianto said that employers want a labour intensive minimum wage below the current minimum wage. Therefore, Ferianto gave assurances that they will ensure that they continue to monitor the government so it does not rush to release a new UMP.

"The ministry's plan right, is that on the 7th (of November) it will issue a Permen (ministerial regulation). We are asking them not to rush in issuing the Permen, (so that) it does not conflict with the MK's ruling", he said.

Ferianto emphasised that the formulation for determining the minimum that is contained in Government Regulation (PP) Number 51/2023 can no longer be used as a basic rule for determining the minimum wage in 2025.

"These (demonstrations) will continue. Most likely (tomorrow) there will be friends from other trade unions, a wave (of actions) until a Permen is issued in accordance with the MK's ruling and in accordance with the demands of worker friends", he concluded.

[Translated by James Balowski. The original title of the article was "Demo Buruh di Kemnaker Tuntut Pengupahan Tak Pakai PP 51/2023".]

Source: https://tirto.id/demo-buruh-di-kemnaker-tuntut-pengupahan-tak-pakai-pp-512023-g5vk

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