What steps is being taken by the Ministry of Manpower after the President calls for a review of JHT disbursement rules

JAKARTA — The Ministry of Manpower confirmed that it will revise Regulation Number 2 of 2022 of the Minister of Manpower Concerning Procedures and Requirements for Payment of Old Age Security Benefits (J.H.T.). The move follows President Joko Widodo's instructions for the simplification of requirements and disbursement of JHT funds.

“Mr President is very concerned about the plight of workers and workers and asks all of us to mitigate and help our colleagues who are affected by this pandemic,” the Minister of Manpower said yesterday , Ida Fauziyah.

After the socialization of the Minister of Labor Regulation, said Ida, the government understood the objections raised by workers. So, finally the President Jokowi provides guidance to simplify the JHT rules. Regarding the substance of the revision, the Ministry of Manpower is still internally discussing the proposed changes to be made.

President Jokowi's request regarding the revision of ministerial regulations was announced last Monday evening by State Secretary Pratikno. Earlier, the President met behind closed doors with Ida Fauziyah and Coordinating Minister for Economy Airlangga Hartarto at the palace.

President Jokowi, Pratikno said, requested simplification of procedures JHT disbursement so that these funds can be collected by the workers affected by the layoffs, especially in the midst of a difficult situation like the current one. “How this will be regulated will be further regulated in the revised regulations of the Minister of Manpower or other regulations.”

As is known, since its publication in early February, Regulation Number 2 of the Ministry of Manpower of 2022 has sparked outcry and rejection from workers and workers. The reason is that due to this rule, full disbursement of JHT claims can only be made at retirement age or 56 years. Participants in the HTJ BP Jamsostek can no longer withdraw their balance if they are fired or resign from their job.

Workers and unions reacted positively to President Jokowi's attitude. Chairman of the Confederation of Indonesian Trade Unions (KSPI) Said Iqbal said the ministerial regulation should be revised. The Labor Party hopes that this review will lead to the repeal of this regulation and the disbursement arrangements of the JHT to return to normal. “We urge the Ministry of Manpower and the Coordinating Ministry of Economy not to play tricks with the word review,” he said.

Said said labor groups and unions were aggressively expressing their rejection, including by putting pressure on the president. “We sent an aspiration letter to President Jokowi and conducted a campaign on various platforms and media.”

Following the President's instructions, the revision or revocation of the Minister of Manpower Regulation No. 2 of 2022 is expected to be implemented within the next week. Said said that if this target was not met, the Labor Party and the unions would organize bigger, more massive and more continuous protests across the region.

Guspardi Gaus, member of Commission II of the House of Representatives, assessed that the measures taken by President Jokowi to order the revision of Permenaker Number 2 of 2022 were correct. Because, in principle, JHT is savings money for workers which guarantees their finances when they no longer work or no longer receive a salary.

“The council hopes that revisions can be made in accordance with the president's directives to make it easier for workers to withdraw the JHT and that it can be accepted by workers who have been laid off or are experiencing difficulties,” Guspardi said . In this revision, he appealed Ministry of Manpower involving unions and workers as well as various related elements of society. “And it is no less important to consult the DPR.”

Herdiansyah Hamzah, constitutional law expert from Mulawarman University, said the President's firm instructions regarding the fate of the amendments to the Minister of Manpower Regulation Number 2 of 2022 were necessary to explain the direction of government policy and alignment.

“The simplified sentence still has wings. The president must understand the demands of the workers. “The government must firmly rescind the mandate of the Minister of Manpower Regulation,” he said. In particular, the provisions of Article 5 which regulates the age limit of 56 years to benefit from benefits J.H.T. for workers who resign and are fired. According to Herdiansyah, legally, corrections to these regulations can only be made in two ways. Firstly, this is corrected by the regulator, in this case the government through the Ministry of Manpower. Second, this was corrected thanks to a late court ruling judicial review to the Supreme Court. “It would be much more honorable if the government made the correction to show that it has feeling of crisis against union demands. »