Riani Sanusi Putri, Jakarta – At least 10 employers' associations submitted a petition for judicial review of the Manpower Minister's Regulation (Permenaker) No. 18 of 2022 overseeing the hike in 2023 provincial minimum wage at up to 10% to the Supreme Court (MA).
"The petition fee has been paid, and we're just waiting for the administrative process at the Supreme Court before it's tried," said Denny Indrayana, the attorney representing the ten employers' association, in a written statement on Monday, November 28, 2022.
The ten associations are the Indonesian Employers Association (Apindo), the Indonesian Textile Association (API), the Indonesian Footwear Association (Aprisindo), the Indonesian Retailers Association (Aprindo), the Indonesian Outsourcing Association (ABADI), the Fiber and Filament Yarn Manufacturers Association (APSyFI), Indonesian Hotel and Restaurant Association (PHRI), Indonesian Renters and Retailers Association (Hippindo), Indonesian Food and Beverage Producers Association (GAPMMI), and Indonesian Palm Oil Association (GAPKI).
The request for judicial review contains 42 pages on why the minister's regulation must be annulled, accompanied by 82 pieces of evidence.
Denny argued that the newly-enacted policy violated six laws and regulations including Government Regulation No. 36 of 2021 on wages, Law No. 13 of 2003 on Manpower which was amended by Law No. 11 of 2020 on Job Creation, and Constitutional Court Decision No. 91/PUU-XVIII/2020 on the Job Creation Law.
Additionally, the Manpower Minister was deemed to have taken over the president's authority to regulate the minimum wage. "Moreover, the change in policy through Permenaker 18/2022 was carried out suddenly without involving stakeholders," Denny added.
The issuance of the 2023 minimum wage policy was not also preceded by discussions with the National Wage Council and the National Tripartite Cooperation Institute. Thus, Denny said the petition was the employers' effort to uphold the principle of fairness in investing. "In order to create mutually beneficial partnerships between all stakeholders."