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Mediator May Settle Jakarta Social Security Lawsuit
Djoko Widodo | August 03, 2010

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Jakarta.  After a group of 120 citizens filed a lawsuit against President Susilo Bambang Yudhoyono, the judge at a Jakarta district court on Monday suggested that the plaintiffs, who represent a string of labor unions nationwide, appoint a mediator to discuss the case with the government and try and reach an out-of-court settlement.

The plaintiffs are accusing the president of failing to implement the 2004 National Social Security Law.

“If the government has no representatives, the court will appoint (a judge) to act as the mediator,” said judge Enid Hasanuddin at the Central Jakarta District Court, adding that the negotiations should take place within 40 days.

“Hopefully there will be a settlement before the hearing resumes on Oct. 4,” Enid added.

The social security law is designed to overhaul existing social protection programs and usher in universal coverage to protect workers against risks associated with old age, illness, work-related injuries and death.

Since its passage in 2004, the law has not been enforced due to the government’s failure to issue regulations regarding periodic healthcare assistance and health insurance.

The legal negotiations began shortly after Monday’s hearing but the plaintiffs were asked to first prepare documents.

“We need to prepare a kind of proposal containing our demands and arguments and explaining that the government has failed to implement the law on the social security system,” said Nurus Mufidah, the attorney for the plaintiffs.

“We will be very happy if the president [Susilo Bambang Yudhoyono] and vice president [Boediono] can attend the next mediation talks, scheduled for Aug. 18. But if they have no time for this, that will be fine as long as their representatives come to the negotiation table,” Mufidah added.

The lawsuit was also directed against Vice President Boediono and eight ministers in the cabinet for ignoring “the citizens’ rights to a proper social security arrangement,” despite the fact that the law was passed six years ago.

The government is responsible for providing citizens with basic health facilities, food, housing and education and must introduce another law so that some of the state budget is allocated for the social security system, according to the lawsuit’s documentation.

Disenfranchised workers have for years taken their cases to pro bono institutes like the Jakarta Legal Aid Foundation (LBH).

In 2009, a record 163,165 workers filed complaints with the foundation, saying their rights had been breached.

The reported violations included employers failing to pay minimum wages, breach of contract and denial of workers’ rights to receive an allowance.

The 2004 law on the social security system obliges the government to set up a state agency for managing social security but such an agency has not been established, the plaintiffs say.

The plaintiffs demand the government pay Rp 1 in immaterial damage and the president apologize in a public statement prepared for him by the plaintiffs.




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