Academics from 30 universities declare opposition to Omnibus Law

Source – October 5, 2020
Police wearing protective clothing guard parliamentary complex – September 30, 2020 (Antara)

Dian Erika Nugraheny, Jakarta – Academics from 30 tertiary education institutions have signed a statement rejecting the Omnibus Law on Job Creation which was only just enacted by the House of Representatives on Monday October 5.

In a joint statement given to journalists on Monday the academics said that the enactment of the law gives the impression that the government and the House of Representatives is forcing through its wishes and has acted beyond its proper bounds.

“The regulation not only contains problematic articles where the values of the (1945) Constitution and [the state ideology of] Pancasila are both violated but is also flawed in terms of the procedures in its formulation”, read the statement.

In addition to this, the public’s wishes were not heard and protests have been restricted as if they no longer want to or are incapable of listening to what the impact will be on people’s basic rights.

The academics criticised at least five basic parts of the law.

First, the problem of centralising authority similar the situation under the New Order regime of former President Suharto. This is because almost 400 articles remove authority from regional governments and give it to the president to stipulate through presidential regulations.

Second, the regulation is anti-environment. There are articles which ignore the spirit of environmental protection, particularly a risk based approach to investment and limited public participation.

Third, the problem of liberalisation of agriculture. Under the regulation there will no longer be protection for farmers or domestic resources and will further open the country to the importation of agricultural commodities and abolish protection for productive agricultural land.

Fourth, the problem of ignoring human rights. In certain articles it prioritises the principles of business profits so it ignores the values of human rights, particularly the protection and the fulfillment of workers’ rights, women workers’ rights and the rights of other citizens.

Fifth, it ignores the procedures for the formulation of legislation. This is because the use of an “omnibus law” is not regulated under Law Number 12/2011 in conjunction with Law Number 15/2019 on the Formulation of Legislation.

The academics also asked how is it possible that a law was formulated without being in accordance with procedures.

Moreover the whole legislative process was done during the corona virus pandemic so it greatly restricted attempts to accommodate aspirations to prevent human rights violations.

Considering these basic problems and paying close attention to the potentially damaging impacts which will be created in social and economic terms, the academics explicitly reject the enactment of the Omnibus Law on Job Creation.

As of 5.30 pm the statement has been signed by 67 academics:

1. Hariadi Kartodihardjo (Bogor Agricultural Institute)
2. Muhammad Fauzan (University of Soedirman Faculty of Law)
3. Susi Dwi Harijanti (Padjadjaran University Faculty of Faculty of Law Unpad)
4. Abdil Mughis Mudhoffir (Sociologist, Jakarta State University)
5. Feri Amsari (Andalas University Faculty of Law)
6. Dian Noeswantari (Surabaya University Human Rights Centre)
7. Beni Kurnia Illahi (Bengkulu University Faculty of Law)
8. Hendriko Arizal (Bung Hatta University Faculty of Law)
9. Herlambang P. Wiratraman (Airlangga University Faculty of Law)
10. Satria Unggul W.P (Muhammadiyah University Surabaya Faculty of Law).
11. Mohammad Isa Gautama (Padang State University Faculty of Social Science).
12. Herdiansyah Hamzah (Mulawarman University Faculty of Law)
13. Haris Retno (Mulawarman University Faculty of Law)
14. Sri Murlianti (Mulawarman University Faculty of Social and Political Science)
15. M.H.R. Tampubolon (Tadulako University Faculty of Law)
16. Maradona (Airlangga University Faculty of Law)
17. Fajri M. Muhammadin (Gajah Mada University Faculty of Law)
18. HS Tisnanta (Lampung University Faculty of Law)
19. Heru Susetyo (University of Indonesia Faculty of Law)
20. Khairani Arifin (Syiah Kuala University Faculty of Law)
21. Tanius Sebastian (Parahyangan University Faculty of Law)
22. Wendra Yunaldi (West Sumatra Muhammadiyah University Faculty of Law)
23. Alif Raimulan (Mulawarman University Faculty of Social and Political Science)
24. Andri G. Wibisana (University of Indonesia Faculty of Law)
25. Charles Simabura (Adalas University Faculty of Law)
26. Adi Rahman (Mulawarman University Faculty of Social and Political Science)
27. Saiful Mahdi (Syiah Kuala University Faculty of Mathematics and Natural Science)
28. Jupri (Ichsan Gorontalo University Faculty of Law)
29. Safarni Husain (Mulawarman University Faculty of Law)
30. Amelia Rizky Yunianty (Mulawarman University Faculty of Social and Political Science)
31. Wiwik Harjanti (Mulawarman University Faculty of Law)
32. Sonny Sudiar (Mulawarman University Faculty of Social and Political Science)
33. Fachrizal Afandi (Brawijaya University Faculty of Law)
34. Devi Rahayu (Bangkalan Madura Trunojoyo University Faculty of Law UTM)
35. Budiman (Mulawarman University Faculty of Social and Political Science)
36. Joeni A. Kurniawan (Airlangga University Faculty of Law)
37. Bill Nope (Undana University Faculty of Law)
38. Abdurrahman Sidik (Mulawarman University Faculty of Social and Political Science)
39. Harry Setya Nugraha (Mulawarman University Faculty of Law)
40. Hesti Armiwulan (Surabaya University Faculty of Law)
41. Dhia Al Uyun (Brawijaya University Malang Faculty of Law)
42. Rafiqa Qurrata A’yun (University of Indonesia Faculty of Law)
43. Ubedilah Badrun (Sociologist, Jakarta State University)
44. Syaifudin (Sociologist, Jakarta State University)
45. Robertus Robet (Sociologist, Jakarta State University)
46. Rakhmat Hidayat (Sociologist, Jakarta State University)
47. Abdi Rahmat (Sociologist, Jakarta State University)
48. Abdul Rahman (Sociologist, Jakarta State University)
49. Rusfadia Saktiyanti (Sociologist, Jakarta State University)
50. Umar Baihaqi (Sociologist, Jakarta State University)
51. Meila Riskia (Sociologist, Jakarta State University)
52. Basuki Wasis (Bogor Institute of Agriculture)
53. Rachmad Safa’at (University Faculty of Law University Brawijaya)
54. Bivitri Susanti (Jentera College of Law)
55. Rr. Diah Asih Purwaningrum (Architect, Bandung Institute of Technology)
56. Rachman Maulana Kafrawi (Hang Tuah University Surabaya Faculty of Law)
57. Rahman (Alaudin Islamic State University)
58. Warkhatun Najidah (Mulawarman University Faculty of Law)
59. Sholihin Bone (Mulawarman University Faculty of Law)
60. Orin Gusta Andini (Mulawarman University Faculty of Law)
61. Zulkifli Abdullah (Mulawarman University Faculty of Social and Political Science)
62. M. Amin Kadafi (Mulawarman University Business and Economics Faculty)
63. Inge Christanti (Surabaya University Centre for the Study of Human Rights)
64. Estu Putri W (Sociologist, University of Indonesia)
65. Rizki Setiawan (Sociologist, Sultan Ageng Tirtayasa University)
66. Achmad Siswanto (Sociologist, Jakarta State University)
67. Syukron Salam (Semarang State University Faculty of Law)
[Translated by James Balowski. The original title of the article was “Puluhan Akademisi Tolak Pengesahan UU Cipta Kerja Halaman”.]