famous lawyer Hotman Paris remind the Minister of Manpower Ida Fauziyah about the latest rules of the Old Age Security program (JHT) which can only be disbursed 100 percent at the age of 56 years. From a legal point of view, there is no reason to withhold other people’s money.
“From any legal abstraction, there is no reason to withhold other people’s money that comes from the sweat of workers,” said Hotman, quoted from the Instagram account @hotmanparisofficial, Friday (18/2).
He asked Ida to reconsider the latest JHT regulation. The reason is, the policy can be detrimental to workers.
Then, the worker was terminated (PHT) at the age of 32 years. Unfortunately, the worker could not immediately disburse the JHT funds. Hotman gave an example if there was someone who worked for 10 years and always paid the JHT dues regularly.
“You have to wait a few years to withdraw the money yourself. Where is the justice, ma’am? Where is the justice? That’s her money,” said Hotman.
Indeed, continued Hotman, the government stated that people affected by layoffs would get many guarantees. One of them is the Job Loss Guarantee (JKP) program.
“But how many months is the money enough to support the family’s life,” added Hotman.
Apart from that reason, Hotman emphasized that there was no reason to detain other people. Especially in the long term.
“Please be careful, ma’am, once again this is money from the worker, the employee. There’s really no reason to hold back for decades,” said Hotman.
He also reminded the case of decades of misappropriation of fund management carried out by PT Asuransi Jiwasraya (Persero) and PT Asabri (Persero). Do not let, said Hotman, workers’ money is lost like in the two companies.
“It’s true that BPJS Ketenagakerjaan invested in it, remember, if you remember the Asabri case, Jiwasraya for decades, even though it was escorted by the OJK, what happened and whose money was played and in the end it was all money,” concluded Hotman.
For information, the latest JHT regulations are contained in the Minister of Manpower Regulation Number 2 of 2022 concerning Procedures and Requirements for Payment of Old Age Security Benefits (JHT).
The regulation invites a lot of negative reactions from various parties, especially the workers. The Confederation of Indonesian Trade Unions (KSPI) has even sent an official letter to President Joko Widodo (Jokowi) to cancel the regulation.
In addition, a worker in the iron industry, Redyanto Reno Baskoro, also sued Article 5 of the Minister of Manpower Regulation Number 2 of 2022 to the Supreme Court (MA).
The article reads “The benefits of JHT for participants resigning as referred to in Article 4 paragraph (2) letter a and participants being terminated as referred to in Article 4 paragraph (2) letter b are given when the participant reaches the age of 56 years”.
Then, the petition to cancel the Minister of Manpower Regulation No. 2 of 2022 which was uploaded on change.org has been signed by more than 400 thousand people per day.
(aud/agt)
–
