HRLS deems PSBB insensitive to human and labor rights

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UNAIR NEWS – Wednesday, April 22, 2020, the Ministry of Manpower released a statement that Covid-19 pandemic caused the laying-off of 2 million workers in Indonesia. From this number, the Ministry stated that East Java was the region with the highest number of layoffs, namely 59,270 people. That number has been going on long before the Large Scale Social Restrictions (PSBB) policy was implemented in Surabaya, Sidoarjo and Gresik. Through East Java Governor Regulation (Pergub) No. 18 of 2020 concerning large scale social distancing (PSBB), East Java Governor Khofifah Indar Parawansa stated that the three areas are designated as red zone areas which are obliged to implement PSBB. UNAIR HRLS viewed that the government did not pay enough attention to the impact of PSBB to workers who are vulnerable to layoffs without guarantees on their employment status. “All regulations abolishing people’s rights to work like PSBB should be made with human rights approach. If not, it would be the same as injuring human rights, “said Herlambang Wiratraman as a human rights law expert and representative of UNAIR Human Rights Law Studies (HRLS). The statement was conveyed by Herlambang in a public discussion titled “PSBB and Protection of Workers’ Rights” held by HRLS UNAIR, KontraS Surabaya, and Solidarity of Indonesian Labor Struggle (SPBI). The online discussion held on Friday, April 24, 2020 via zoom app was a form of criticisms to the government negligence of labor rights and attitude of the company that often uses Covid-19 as a pretext to lay off employees. “The company should be transparent and accountable. Is the company really losing money from the pandemic? What is the loss? What is feared, Covid-19 is often just an excuse for companies to escape their responsibility for guarantees and labor rights. ” said Anthony Matondang as Head of SPBI Surabaya Region. Anthony stressed that PSBB was a policy from the central administration that ruled out negotiations for the fate of workers. It can be seen in several circulations regarding protection of workers, but the content does not favor the workers. The company instead later obtained the authority to cut salaries and lay off workers. Furthermore, there is also lacking regulations on health protocols at work environtments. “I also questioned why the government prohibits traders from selling, the police regulated markets, workers are also laid off. But the government does not provide life guarantees for them. Then if they can’t work, how do they eat? It’s the same as injuring human rights, “said Fatkhul Khoir as a representative of KontraS Surabaya. Herlambang added that basically some articles in the law and other regulation products have governed the rights of the community during the period of disaster. As an example in article 4 paragraph 2 of Surabaya Mayor Regulation Number 16 of 2020 concerning PSBB and Law No. 24 of 2007 concerning Disaster Management. Unfortunately, these regulations did not specifically regulate labor rights and guarantee procedures during the pandemic. So what happens is massive layoffs without any definite guarantees from companies, let alone the government. “We predict that on the 28th when PSBB is officially held in East Java, more layoffs will occur and it should be our common concern.” said Herlambang. (*)

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