Quo Vadis Protection of The Basic Rights of Indonesian Workers: Highlighting The Omnibus Legislation and Job Creation Law

This article focused on the dynamics following the enactment of the Law on Job Creation. Pros and cons were raised publicly, with proponents arguing that the Om-nibus Legislation method could be used to propose leaps and further forward steps for national economic acceleration with more effective and efficient investment and the creation of new job fields in Indonesia. However, the opposition argued that this law, enacted using the Omnibus Legislation method, was not prepared and did not involve workers or worker unions in the lawmaking process prior to its enactment. Furthermore, this law has crucial and controversial provisions that weaken workers’ rights fulfillment compared to the previous arrangement. This condition is the primary issue that created a chasm between workers with their rights and their employers, and it is the basis for further analysis of legal norms in the entirety of the Law on Manpower and the Law on Job Creation. With the use of a normative legal research method supported by a statutory law approach and a legal conceptual approach, as well as a legal material searching method and argumentative analysis, legal research is conducted. This article discovers and proposes fundamental principles, concept formulation, and concept proof comprehensively regarding Employment Law policy dynamics in Indonesia and pursues basic rights of workers protection after enactment of the Omnibus Law on Job Creation to ensure the realization of worker rights protection including industrial relations problem, and certainty guarantee that Em-ployer must fulfill.

of the national economy 2 . To accelerate the wheels of national development, global developments also encourage numerous nations, particularly developing countries, to regulate, manage, and enhance all employment-related aspects 3 . This is inseparable from the fact 2 Tania Murray Li, 2017  The mandate of the Fourth Paragraph of the Preamble of the 1945 Indonesia Constitution within the framework of the welfare state 8 is the basis for the staatsgrundgesetz Body of the 1945 Indonesia Constitution.
A reflection of legal protection and guarantees of human rights for workers in Indonesia is a mandate from the constitution 9 , especially Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Indonesia Constitution. This constitutional mandate also requires the state through the government to realize this through government actions that lead to the fulfillment of the rights of citizens to obtain jobs 10 . This segment is closely related to other issues concerning the direction of state policy towards a friendly investment climate, labor protection, comprehensive development of mutually beneficial economic cooperation, security of micro, small, and medium enterprises, and several other sectoral issues for national development that require a scheme that idealizes and balances all of these elements, one of which has an impact on the creation of new jobs and the expansion of existing jobs.
Due to globalization and the industrial revolution, the development of the global world, particularly for developing countries, as is typically the case with Third World countries, is consciously confronting world developments 4.0 11 . The issue of competitiveness, effectiveness, and efficiency of the national economy becomes a medium-and long-term challenge due to globalization, which requires every country, including Indonesia, to compete with other nations. Therefore, arrangements are necessary to streamline many regulations' overlap and sectorial nature. The government has chosen the Omnibus Legislation approach to avoid discord, regardless of whether the subject, object, or content material becomes harmonious 12 .
The omnibus legislation method was formalized in Presidential Regulation No. 18 of 2020, which established a legal develop- complaining about the number of regulations issued by Indonesia, approximately 42,000 regulations from the statutory level to regulations at the regional level, which are deemed to be excessive. This is not unfounded, but this chaos and confusion are also evidenced by the Regulatory Quality Index set by the World Bank, which confirms that Indonesia's position in the 1996 to 2017 period has always been in a minus position or the category of low or poor regulatory quality, as of 2017, Indonesia recorded a score of -0.11 points or is ranked 92nd out of 193 countries, or fifth among ASEAN countries. During the inauguration of his second term on October 20, 2019, President Joko Widodo reaffirmed his position on this matter to encourage the implementation of omnibus law, also known academically as omnibus legislation, in the context of legal breakthroughs on bureaucratic national regulatory issues. With the consideration of the Job Creation Bill and the Micro, Small, and Medium Enterprises Empowerment Bill, as a step forward to simplify regulations, break the complicated bureaucratic chain, and create ease of doing business, this is also a resistance to the development of foreign investment flows into Indonesia. According to a number of preliminary studies conducted by the Ministry of National Development Planning/Bappenas, the largest resistance factor contributing to slow economic growth was due to problematic regulations and institutional, sectoral bureaucratization so that the economic development agenda designed for leaps required a legal breakthrough capable of breaking all resistance factors, including barriers from existing regulations 16 . Thus, the omnibus legislation method is included as part of the national development agenda through the 2020-2024 National Mid-Term Development Plan, which is forwarded to the 2020-2024 National Legislation Program, as well as the 2020 Priorities for four Bills based Until one of the four omnibus legislation-based bills is successfully discussed, ratified, and the Job Creation Law is enacted during the 2020 session, the facts demonstrate that the success of the enactment of the Job Creation Law cannot be separated from the various chaotic and messy ways in which the omnibus legislation method was applied to the Omnibus Law of the Job Creation Law. In addition, numerous problems arose from the impression of haste, the lack of public openness in the drafting process, and substantial issues relating to the discourse of breaking investment resistance into the Indonesian economy while encouraging the protection of intellectual property 17 .
Employment-related content is one of the groups of content with implications for the Omnibus Law on the Job Creation Law. Chapter IV Manpower Law Articles govern the employment cluster 80 to 84 of the Job Creation Law, which modifies, specifies, and repeals several provisions of the Manpower Law, the National Social Security System Law, the Law on Social Security Administering Bodies, and the Law on the Protection of Indonesian Migrant Workers. The four laws that are subject to the Omnibus Law method present their own challenges in terms of how to implement legal protections for workers' rights, given that some crucial provisions have emerged, including those concerning leave, termination of employment, contracted/outsourced workers, foreign workers, and termination of employment.
Creation Law is still a matter of academic and social discourse. It is often contradicted by the steps of the Indonesian Government, which previously established several previous policies in the field of employment, such as I Gede Yusa et al. that stated several laws, such as the Manpower Law, are still the proper legal policy framework in the context of national development, especially in terms of affirming the existence of Indonesian workers who must be guaranteed and protected, both in terms of ensuring the fulfillment of basic rights for Indonesian workers, guarantees for to obtain equal opportunities, and guarantees of being free from discriminatory treatment in any form and reason, with the ultimate goal of the state ensuring inclusive welfare for the workforce and their families while consistently focusing on the development of the business world 18 . Teri L. Caraway (2009) provides an intriguing review in which she asserts that the Manpower Act 2003 contains several flaws and, in this case, provides obstacles and resistance to the existence of workers in Indonesia, even though there are good intentions in terms of encouraging technology transfer efforts and knowledge transfer, but the framework of this law is not viewed as an adequate basis for labor issues in Indonesia 19 . According to Warnecke and de Ruyter (2012), the other major challenge for the government is posed by business actors and workers who represent an economic resistance factor. There are four identified problem areas: first, illegal and unlawful work agreements; second, the negotiation process and procedural dispute resolution in legislation that is biased against the workforce, including in terms of forming a legitimate union; third, a government that turns a "blind eye" to business activities that This article is based on applying normative legal research or doctrinal legal research by prescribing law as a prescriptive discipline 21 . The primary emphasis is on the location of the law as a norm, a systemic framework of a norm system, or a hierarchy of laws and regulations 22 as a legal, scientific approach to addressing issues pertaining to labor law policies in the protection of the rights of Indonesian workers. This article also employs a statutory approach and a conceptual approach supported by tracing legal materials to examine primary and secondary legal materials, as well as informative legal materials, with descriptive and analytically argumentative results 23 . B. Discussion

Dynamics of Employment Regulatory Policy in Indonesia
Public policy instruments with authoritative power are coercive and can reach all stakeholders by the state 24 . Doctrinally it is embodied in the form of laws and regulations that can regulate various aspects of life with a coercive nature 25 . In this context, laws, and regulations constitute public policy 26 . Regarding employment policies, Manpower Law can be viewed as a framework of written and unwritten legal systems or regulations with substantive content on labor issues, whose purpose is to regulate harmonious relationships and prevent various potential legal problems for the parties-related to the labor system's framework. Prior to the work period, during the work period, and after the work period, employment is defined as all activities closely related to the workforce 27 .
The issues focused on in this article regarding the dynamics of policy regulation in the Manpower Sector in Indonesia are closely related to historical developments (history of law), recent developments in government policies adopting the Omnibus legislation method (commonly called the Omnibus Law), the Job Creation Law, as well as the substances regulated as a revolutionary change to labor issues in Indonesia after the enactment of the Job Creation Law. These labor arrangements can be divided into several periods, but only considering current developments and their relevance to the post-independence era, the New Order, and the reform era to the present, which are inextricably linked to the political power structure in place.

a. Dynamics of Government Regulatory Policies regarding Manpower in Indonesia before the enactment of the Job Creation Law
The Post-Independence era was marked by the emergence of the Pancakrida Labor Law as a basis for the struggle for the labor aspect at the beginning of independence by carrying out five main agendas for labor or national employment at the time, namely being free from all forms of slavery or slavery, free from all forms of forced labor, Indonesia that is free from poenale sanctie, all three of which have been declared to have vanished immediately after the proclamation of independence. In opposition to the other two agendas, namely eliminating the fear of job loss among Indonesian workers and establishing a balanced relationship between workers and employers, the struggle is focused on both agendas 28 . This is not without reason, considering the problems in terms of empowering Indonesian workers and the existing labor unions to be able to understand the regulations related to employment and the rights they have in drafting work agreements with employers, the issue of empowering workers and employers to understand rights, obligations, and regulations that concern both parties, as well as the achievement of benefits through strict law enforcement of normative regulations related to employment to ensure guarantees for the two legal subjects who differ according to their social and economic nature, especially for workers.
This background also encourages government steps to ratify international labor instruments in the ILO conventions and adapt them to national legislation in line with the directives of these international instruments, focusing on social security and labor protection progressively and protectively to protect workers. In this era, around 150 national trade unions, hundreds of local trade unions, and Significant progress in the early era of independence gradually disappeared into the Old Order and New Order regimes, with the mobilization of manpower/workers as part of the military, the establishment of Company Councils from various Dutch companies which the Indonesian government nationalized, various political and economic movements of labor unions which were limited by the military, both regulatory and coercive. However, various labor actions mobilized by political interests as well as underground movements were still taking place at that time until the collapse of these two regimes were also supported by various existing labor organizations, so the focus was not on the issue of labor protection but rather to support political and economic mobilization.
The Reformation period became a breakthrough momentum to start organizing labor issues as one of the reform agendas that had been rolling since the government of President BJ Habibie sought the ratification of two crucial ILO conventions related to freedom of association and organization for workers and the minimum age to become a 29 Ujang Charda, 2016 laws and regulations that accommodate all normative rights. One of the demands for reform is to promote Labor Law Reform 33 , which includes the renewal and formation of labor law, as well as respect for human rights, the democratization of the workplace, and community participation 34 .

b. Establishment of a Job Creation Law with the Omnibus Law Method
Omnibus law or omnibus legislation is a method for drafting laws by amending or revoking several laws that are still in force, covering some subjects/issues and content material unrelated to one another 35 . The application of the Omnibus Law method cannot be implemented immediately because it could lead to legal uncertainty regarding the lawmaking process 36 . In addition, its rapid nature and capacity to contain multiple subject areas in a single text 37 can easily result in violations of the stages of lawmaking. The Job Creation Law is a law based on the Omnibus Legislation, combining 78 changes to the law into one law with 1,187 pages, organized into 11 clusters 38 . Nevertheless, Indonesia had experience in implementing omnibus legislation, which was then used to stipulate four laws, three of which are single omnibus bills, and one is a mega omnibus bill. Indonesia adopted this method into its legislative reform framework based on the Presidential Regulation of the National Medium-Term Development Plan 2020-2024 to simplify regulations in Indonesia, which have been a problem for decades in Indonesia 39 . However, before the 2020-2024 National Mid-Term Development Plan, Indonesia had implemented the omnibus legislation method on a limited basis. The government and parliament drafted two omnibus legislation-based laws in Law Number 23 of 2014 concerning Regional Government (Local Government Law) and Law No. Number 9 of 2017 concerning Access to Tax Information (Access Tax Information Law), both of which repeal favorable legal policies regarding local government and tax information. The government also adopted the omnibus legislation method, after the stipulation of the 2020-2024 National Mid-Term Development Plan, with the simple omnibus bill Law Number 2 of 2020 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2020 concerning Financial Policy and System Stability in Handling Covid-19, Law Number 7 of 2021 concerning Harmonization of Tax Regulations, Law Number 3 of 2022 concerning the State Capital "Nusantara," and a mega omnibus bill of Law Number 11 of 2020 concerning Job Creation.
The five simple omnibus bills, each repealing several laws and regulations that contradict the provisions required in each bill, as well as the mega omnibus bill on the Job Creation Law, were drafted as a legal policy framework that reflects the efforts of the Indonesian government to fight obstacles in accelerating national development in the reform of legislation and regulations in Indonesia. The omnibus legislation method, which can also be referred to as the adopted and transplanted omnibus approach 40  The above-mentioned legal issues are confronted with obstacles, namely many interrelated laws, so conventional changes are deemed ineffective and inefficient because they take a long time and cost much money. Therefore, the concept of establishing a Job Creation policy using the Omnibus method 45 was conceived to circumvent the aforementioned issues.
The ratification and enactment of the Job Creation Law in November 2020 was seen as a breakthrough in the world of law and legislation and sparked a discourse in its drafting process, which was seen as full of controversy 46 . However, at least the Center for the Study of Indonesian Law and Policy (PSHK) found five things that PSHK noted, namely: (1) program, the House of Representatives tends to concentrate on the upcoming job creation bill process 47 . In less than a year, the entire substance of the Job Creation Law can be discussed and ratified by the House of Representatives 48 . It took effect in early November 2020. Most recently, with the issuance of the Constitutional Court Decision Number 91/PUU-XVIII/2020, which stated that the technique/method of omnibus legislation was acceptable as long as it was applied by following the principles of the formation of legislation and declared conditionally unconstitutional with a period of two years to revise the Job Creation Law so that it is in line with the procedures for establishing the law, as well as following previous practices in implementing omnibus legislation 49 .
This can be determined by examining legal politics from the perspective of legal policy to identify legal politics based on the classification of policy strata and documents indicating the policymaking process. Reasons for holding basic policies and enactment policies reflect two dimensions of legal politics reflected in the two sources 50 . Both of them cannot be separated from the fundamental position of the five precepts of Pancasila, which are placed as the ideals of 47 Center for Indonesian Law and Policy Studies,"Pengesahan UU Cipta Kerja: Legislasi Tanpa Ruang Demokrasi." pshk.or.id, URL: https:// pshk.or.id/publikasi/pengesahan-uu-cipta-kerjalegislasi-tanpa-ruang-demokrasi/, (accessed on July 10, 2021), p. national law 51 which guide all aspects of the state towards the ideals and goals of the state, 52 either from a normative perspective or a constitutive perspective. National legal politics by personifying the ideals of national law from the five precepts of Pancasila as a legal direction applied to realize the state's goals, in the context of law formation and replacement of old laws, as well as being instrumental in achieving the goals of the Indonesian state 53 . In the end, it is hoped that national law can function to embody Pancasila 54 . In this context, labor issues governed by the Job Creation Law can be viewed through the lens of legal politics, i.e., by examining relevant narratives and materials behind the normalization process.
Recent developments have resulted in the enactment of the 2020 Job Creation Law, which is primarily a response to global developments toward disruption, the rapid advancement of technology, demands, and needs, and the complexity of current conditions, which have resulted in extremely diverse employment challenges and issues and triggered a variety of other legal consequences 55 , especially in looking at the era of the Industrial Revolution 4.0 with the dominance of digitalization in various fields. These national statistics project the demographic bonus in Indonesia, which in the end also touches on various central issues in the employment sector. The enactment of the Job Creation Law has led to rejection by various groups in society. The President ratified the Job Creation Law and promulgated it on November 2, 2020. The Job Creation Law has been declared formally flawed as stated in the Constitutional Court Decision Number 91/ PUU-XVIII/2020 with conditional unconstitutionality for two years for improvements to the Job Creation Law. The Job Creation Law is deemed to have violated the provisions of Article 96 of the P3 Law, which emphasizes that formulated policies must be carried out in a participatory manner since it did not involve the community in its formation, despite its emphasis on the importance of meaningful participation. The formulation of approximately 1200 articles affected by 78 laws is deemed insufficient, with only 64 meetings, most of which are internal formulation meetings and not public hearings 56 . This can harm the Indonesian state's adherence to the principle of popular sovereignty or the rule of law. In essence, laws are created based on the desires of both legislators and the public. Following the democratic principle of a presidential system, the Parliament and the President are extensions of the people or uphold the people's sovereignty as legislators. By adhering to the principle of power limitation and considering the people's desires, the state has granted lawmaking institutions authority.
The neutrality of law requires "transparency" and "participation" in the lawmaking process. Later, these two crucial factors will serve as the basis for forming laws, which can then be elaborated upon in terms of procedures and mechanisms 57 . Considering the opposition from various social circles to the 56 Sigit Riyanto,et.al.,Catatan Kritis Terhadap UU No 11 Tahun 2020 tentang Cipta Kerja, (Yogyakarta: Faculty of Law Universitas Gadjah Mada, 2020). 57 Sirajuddin, Fatkhurrohman, dan Zulkarnaen, Legislative Drafting Pelembagaan Metode Partisipatif dalam Pembentukan Peraturan Perundangundangan, (Malang: Setara Press, 2015).  existence of this Job Creation Law, it can be concluded that the majority of people believe that this law is not formulated with the community's interests in mind, thus excluding the community from its formulation. Therefore, the government must guarantee the public's participation, particularly in decision-making. The level of public participation in forming a law can be measured by considering three factors: the number of public forums held, the number of community representatives involved, and the transparency of data related to the law's discussion. According to numerous reports in the mass media, the Job Creation Law has ignored public participation. Since the Government initially drafted it under the direction of the Coordinating Ministry for Economic Affairs at the end of 2019, the affected parties, namely the labor force, do not have adequate participation space in the ongoing process. This is in contrast to the claims and rhetoric of the government, which pushed for the Job Creation Bill to be drafted to encourage the creation of new employment opportunities and to be able to promote increased worker welfare in Indonesia 58 .

Legal Protection for Workers in the Framework of Guaranteeing the Basic Rights of Indonesian Workers through the Job Creation Law
Paragraph 2 of Article 28D of the 1945 Indonesia Constitution affirms the constitutionality of the right to work and the right to work as a human right. These two types of rights in the context of work are fundamental to social and economic rights as well as human rights, with repercussions for the state's provision of facilities for community openness and the widest possible access to employment opportunities, as well as space to live a dignified life through work.
Systematically, three periods describe the part of the right to work and rights in work 59 , namely the pre-employment period As the core substance of labor law, the period during work or the period during the employment relationship becomes extremely crucial and must be treated as such, necessitating active government intervention to regulate the employment relationship so that all parties can be protected relatively in work and business continuity. In addition, the government must pay more attention to the post-employment period to ensure equitable protection for workers, such as against prolonged illness, old age, pensions, and death benefits.
The three periods are inseparable from the concept of the right to work regarding access to work, productive access, wide open with freedom and not accompanied by discrimination, as has been outlined through the Employment Policy Convention of 1964 Number 122 to encourage a policy of access to widely available jobs, employment opportunities productive work, freedom to choose workers and the widest possible opportunity for workers with qualifications, skills and competencies to get suitable jobs, and free from discrimination in any form 60 . This is also closely related to the concept of rights at work or labor rights, both in terms of fair remuneration, equality in payment of rights with performance burdens, working environment conditions, the rationale for limiting working hours, prohibition of discriminatory interventions, and prohibitions on workers' ability to exercise their basic rights 61 .
This issue has also prompted the need for the state to regulate worker issues further and all related aspects in relevant legislation and government regulations and guarantees both access to employment and the implementation of worker protections. Accordingly, various regulatory regimes have been implemented in Indonesia since Indonesia Bakti, 2014 Article 79 paragraph (2) regulates rest between working hours (12 hours after working four hours continuously, excluding working hours); weekly rest (one to six working days a week or two days for a five-day work week); annual leave (minimum 12 working days with a year of continuous work); and long rest (two months in the seventh or eighth year with a duration of one month for workers who work for six years continuously, but thereafter are no longer entitled to annual rest in the current two years, which is obtained again by applying a multiple of six years of service).
Article 79 paragraph (2) covers breaks between working hours (1/2 hour after working for four continuous hours excluding working hours); weekly rest (one to six working days a week). Annual leave (at least 12 working days after the worker/ labourer has worked for 12 months continuously).
The Job Creation Law provides a break for workers, which is 1 day out of six working days.

Maternity Leave
Article 82 confirms that female workers are entitled to a break with a duration of one and a half months before giving birth to a child and one and a half months after giving birth based on the calculations of the obstetrician/ midwife.

The old rules still apply
The Job Creation Law gives workers the right to apply for a long leave.

Breastfeeding Opportunity
Article 83 provides rights for workers whose children are still being breastfed; they must be given appropriate opportunities to breastfeed, including during work hours.
The old rules still apply Source: Processed Data by the Authors  faces similar problems as a developing nation. The Job Creation Law in Chapter IV concerning Manpower in the context of strengthening labor protection, increasing the role and welfare of workers in supporting the investment climate, repealing, and enacting new regulations related to the labor sector on the basic rights of workers in the previous labor protection framework has been regulated in several laws and regulations including the following: Based on the table above, it can be determined that three significant differences exist between the two regulations regarding the fundamental rights of workers. In this regard, there are three components of labor protection, most notably the fundamental rights of workers: guarantees for the protection of workers' work safety and social security, guaranteed leave protection, and guaranteed wage protection.
In this case, by limiting the context of crucial issues in the Job Creation Law, especially the wage segment in the employment cluster 62 , article 88C of the Manpower Law, which the Wage Council initially determined to become the domain of the Governor and Mayor/Regent, led to the determination of wages by setting according to economic and labor conditions, which triggered pros and cons to the community and the business world, becoming a very vague arrangement due to the changing stipulations. -change depending on the regional economic capacity, and allow negotiations between the government as the authority in determining wages, and the entrepreneur as an interested party, especially considering the balance of efforts to attract and attract investors for investment and job creation, but also the budget allocation for economic stimulus, as well as maintaining a fair minimum wage to prevent layoffs.
Thus, the rapid development of globalization over the past few decades has encou-

C. Conclusion
There are two primary conclusions: first, the development of labor regulations in the legal system of Indonesia requires a fundamental reorganization because there are so many overlapping rules that cannot be effective or effective when implemented in society. Second, in the context of protecting the rights of Indonesian workers, the state must provide guarantees of equality and non-discriminatory treatment to enhance the well-being of people. Therefore, policies on human resources following the enactment of the Job Creation Law on the fundamental rights of workers, which are grouped into three segments, namely Work Safety Guarantees, Social Safety Guarantees for Leave, and Wages, are crucial issues that must provide not only legal certainty but also be fair and beneficial to the workforce in Indonesia.
This article offers two main recommendations based on a comprehensive review: first, to simplify and reorganize laws and regulations, legislators must engage the public in formulating public policy through consolidation and integration. Second, parties affected by the enactment of the Job Creation Law should comply with existing regulations and oversight is required to ensure that this law is implemented without harm and that workers in Indonesia receive their rights as employees. The focus of policymakers should not only be on attracting as much investment as possible but also on developing human resources into a professional and competent workforce. Particularly for those who oppose the enactment of the Job Creation Law, the significance of this party's oversight and supervision in preventing potential irregularities in the implementation of the Job Creation Law cannot be overstated.