Ridwan Max Sijabat, Jakarta – Lawmakers and workers unions are questioning the constitutionality of the recently passed Social Security Providers (BPJS) Law, claiming that the House violated its own procedures when enacting the legislation.
Former House special committee deputy chairman Ferdiansyah of the Golkar Party said on Tuesday that the House and the government committed procedural and other substantial violations to respond to protests demanding the bill's immediate endorsement.
"The special committee and the government will meet again from Nov. 4 to Nov. 8 to finish deliberation on unresolved crucial issues on the healthcare provider [BPJS Kesehatan] and the labor provider for the occupational accident, old-age risk, pension and death benefit schemes [BPJS Ketenagakerjaan]," he said.
Ferdiansyah also said legislators questioned the constitutionality of the law, which was passed last Friday, as many had not received a copy of the bill during deliberations. "Legislators should have had the latest draft so that they could have studied it before it was endorsed."
Ferdiansyah further said that the substantial violations committed during deliberations covered the two social security providers that had yet to be discussed and the absence of transitional regulations, closing chapters and official explanations for all chapters.
"As for procedural violations, the committee did not report the results of the deliberations to the special committee through a plenary session," he said.
Deputy House Speaker Priyo Budi Santoso, who presided over the plenary meeting, confirmed that there had been minor procedural violations. "Standard procedure was violated but all contentious issues were resolved," he said. Priyo said that approval of the bill was rushed to respond to workers and students who staged protests on Friday.
Under House rules, the bill, which had been deliberated over four sitting periods, including two extended deliberation periods, should have been dropped as deliberations on a bill can only be extended twice.
State-Owned Enterprises Labor Union (FSBUMN) chief Abdul Latief Algaf said the law's passage was politically driven.
"No legislators or parties protested procedural infringements or the hurried endorsement during the plenary session, which was broadcast live on TV stations, for fear that their parties would be punished by the people during the next elections."
Abdul said several unions would file a judicial review request for the new law with the Constitutional Court for procedural and substantial violations as well as the state's unfulfilled obligation to provide social protection to the people.
Indonesian Democratic Party of Struggle (PDI-P) lawmaker Rieke Dyah Pitaloka, who helped coordinate the protests, defended the law, saying all substantive issues had been discussed and resolved.
"The House and the government synchronized [the BPJS Law] with other laws – especially the 2004 National Social Security System Law, the 1992 Workers Social Security Law and the 2003 Labor Law. The [new] law will be handed to the President to be signed and registered within seven days of the endorsement," she said.