By Jana D.K.
JAKARTA — A series of regulations which permit military intervention in industrial disputes have been revoked by the minister of labour, Abdul Latief, it was reported on January 18. While the move has been welcomed by some, many have expressed scepticism about the motives and the reality of the sudden shift in policy.
Military intervention was legitimised by a Department of Labour decree in 1986, passed by the then minister, retired Admiral Sudomo.
The decree allows the military to intervene "particularly in cases pertaining to strikes, work contracts, dismissals and changes in the status or ownership of a company". It permits the involvement of a wide range of institutions, including local government, regional military, police and other security agencies.
Furthermore, it authorises these institutions to keep workers under surveillance during strikes, to participate in negotiations and to detain, arrest and interrogate workers.
Last July 15, a delegation of 26 NGOs presented a petition to the Armed Forces (ABRI) fraction of the parliament detailing 77 instances of military involvement in industrial disputes. The delegation reminded the ABRI of a commitment made at a meeting on July 8 to remain the "people's army".
Then on August 23, a team of four prominent lawyers led by Abdul Hakim Garuda petitioned the Supreme Court to repeal the decree on the grounds that it conflicted with Indonesian constitutional law, which recognises the right to strike and acknowledges the right to collective bargaining.
In announcing the change of policy, Latief stated that he had revoked the decree because it was "not called for in the first place".
Labour activists, however, have been cautious in welcoming the decision, saying that the timing was suspect, coming only a month before the US is expected to rule on whether Indonesia will continue to be included in the Generalised System of Preferences, a set of tariff reductions and trade facilities which has come under scrutiny over the issue of labour conditions in this country.
Controversy over the military's involvement in incidents such as the brutal abduction and murder of a labour activist, Marsinah, last May has also placed considerable pressure on the regime to improve its international image.
Teten Masduki, the coordinator of the Workers' Solidarity Forum, told Green Left that the withdrawal of the decree would in no way end military intervention. Masduki said that security bodies are governed by their own set of "autonomous" regulations which allow them to intervene in industrial disputes if they are considered to pose a threat to "national security" or "stability". These regulations leave it up to the security forces themselves to determine if and when labour disputes represent such a threat.
"The removal of the decree will simply mean that activities by security forces will no longer be the focus of international scrutiny and in many ways will allow them more, not less, freedom. If the regime was really serious about ending military intervention in industrial disputes, it would also abolish this regulation as well."
Masduki said that the withdrawal of the decree completely ignores the fact that the government-controlled union, SPSI is still dominated by military and security personnel, and ignores the military's business interests in Indonesian companies.
As well as placating international criticism, the move represented a shift in the regime's strategy. "Despite attempts by the security forces to contain workers' demands, the number of strikes has continued to increase each year. Intervention, as legitimised by these decrees, has clearly not been effective in containing the 'problem', and the regime is well aware of this. If they choose to persist with this policy, their methods will simply become more violent. There will be more victims, more Marsinahs."