The ratification of the Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation is considered a bad precedent for the Indonesian people. The issuance of the Perppu is the worst gift in the history of Indonesia’s journey as a democratic and lawful state.
This statement was made by the Secretary General of the People’s Coalition for Fisheries Justice (KIARA). He said the ratification of the Perppu was carried out before the turn of the year from 2022 to 2023, on December 30, 2022 to be precise.
The Perppu is an alarm signal for the maritime community now and in the future. The arrival of this regulation is considered dangerous, because previously there was a decision from the Supreme Court which concluded that there were formal and unconstitutional defects in Law Number 11 of 2020 concerning Job Creation.
“With the existence of the Perppu, the Constitutional Court’s decision can be ignored by forming a new Perppu,” he said last week in Jakarta.
In other words, the presence of the Job Creation Perppu is nothing more than a repetition of the same episode in UUCK which received a bad assessment from the public. In fact, the UUCK, which is widely known as the Omnibus Law, has been considered flawed because a number of processes have been violated or not implemented.
Susan Herawati said, with the publication of the Job Creation Perppu by Indonesian President Joko Widodo, it was already the wrong step because it contradicted the constitutional mandate of the 1945 Basic Law (UUD).
He said, the Job Creation Perppu will only make inequality even more obvious because it prioritizes investment rather than welfare and protecting the rights of the Indonesian people. In particular, the marine community, one of which is a traditional fisherman.
It is enough to include the Constitutional Court’s decision, in fact the issuance of the Job Creation Perppu can already be understood by many people as something wrong. From the Constitutional Court’s decision, it is clear that the Government made a fatal mistake, considering that UUCK is considered conditionally unconstitutional.
“UUCK was created without the active participation of the maritime community. However, today the President revived this threat by passing the Job Creation Perppu,” he said firmly.
The position and role of the maritime community are increasingly threatened, because the Perppu Cipta Kerja in it regulates the eviction of production spaces for marine communities in the name of investment, destroying the sustainability of coastal ecosystems and small islands. Also, increasing the vulnerability to criminalization of fishermen and fisherwomen who process fishery products.
Defective Reason
In more detail, KIARA noted that there were seven defects in the Job Creation Perppu which the Government of Indonesia claimed was actually issued as an effort to implement UUCK in a solutive manner. This disability has existed since the procedure for Forming Legislation (Perppu), and the substantial form includes coastal areas, seas and small islands along with maritime communities.
First, KIARA considers that the Job Creation Perppu does not answer the amendment to the Constitutional Court’s decision which states that the UUCL is conditionally unconstitutional; Second, the Job Creation Perppu does not prioritize the protection of the rights of maritime communities as mandated in the Constitutional Court Decision Number 3 of 2010.
Third, the Job Creation Perppu removes the criteria for small fishermen according to the terminology of small fishermen, so that it will eliminate the priority and specificity that will be received by this marginal group.
Referring to Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, small fishermen are fishermen who use fishing boats with a maximum size of 5 gross tons (GT).
Meanwhile, referring to Law No. 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers, the category of small fishermen is defined as fishermen who use fishing vessels with a maximum size of 10 GT.
The fourth flaw in the KIARA version is that the Job Creation Perppu adds Article 17A to Law No. 1 of 2014 in conjunction with Law No. 27 of 2007 concerning Management of Coastal Areas and Small Islands. This addition gives full authority to the central government to regulate spatial planning in each province.
KIARA believes that this full authority can change the designation of coastal areas and small islands throughout Indonesia, in the name of national strategic policy.
Fifth, when it was published at the end of 2022, the Job Creation Perppu amended Article 26A in Law 1/2014 jo. Law 27/2007. This change provides as much convenience as possible to Foreign Investment (PMA) to take advantage of small islands and the surrounding waters.
If these changes are allowed to remain in the name of national strategic policy, then it will certainly return to favor PMA to carry out the privatization of small islands under the pretext of FDI investment.
Sixth, the Job Creation Perppu also amends Article 51 in Law 1/2014 jo. Law 27/2007 which gives full authority to the central government to change the status of the core zone in a conservation area.
With this authority, conservation areas will be overshadowed by the threat of changing the zone status for various exploitative interests. This will of course have an impact on the sustainability of conservation areas where the diversity of biodiversity contained therein is maintained.
Seventh, with the issuance of the Job Creation Perppu, everyone who runs a fishing business is forced to have a business license, and removes the exceptions for fishermen and traditional fisherwomen in Article 26 of Law 7/2016.
This regulation is considered to have an impact on fishery processing activities produced by fishermen and women which are increasingly difficult, even though it is carried out independently and traditionally. However, if they continue to carry out these activities, fishermen and women will be vulnerable to criminalization with a maximum sentence of eight years and a fine of IDR 1.5 billion.
The eighth reason why the Job Creation Perppu is called flawed, is because the regulation again provides very wide and easy access for foreign fishery investment to enter until it can operate in Indonesian waters.
With these eight assessments, KIARA invites all elements of society to continue to fight and reject the Job Creation Perppu. These regulations will clearly and openly provide legal certainty to investors, both domestic and foreign.
Meanwhile, saving the ecology of the coast, marine fisheries and small islands, as well as protecting the maritime community will only occur if the corporation has received certainty.
Fishermen’s Favor
On the other hand, the Ministry of Maritime Affairs and Fisheries continues to socialize the Job Creation Perppu, even though there has been resistance from the public. The campaign was carried out in the capture fisheries sub-sector.
According to the Director General of Capture Fisheries M Zaini Hanafi, there has been no substance change to the Job Creation Perppu. In fact, the presence of these regulations shows partiality to fishermen, and provides business certainty.
He claims that the Perppu Cipta Kerja provides uniform terminology for documents related to capture fisheries business permits. Licensing in the capture fisheries sub-sector no longer uses fishing licenses (SIPI) or fishing vessel licenses (SIKPI), but instead uses the term business licensing.
In its implementing regulations, SIPI is a business license for the fishing sub-sector, while SIKPI is a business license for the fish transportation sub-sector.