Corresponding Author: Kartika
Natalia
E-mail: [email protected]
INTRODUCTION
The art industry is growing in Indonesia, especially
in the film industry. The government even held a certification program for film
workers, which was called the "National Work Competency Standards"
abbreviated as SKNNI, as contained in Law number 13 of 2003 concerning
employment (State Gazette of the Republic of Indonesia of 2003 No. 39
(Supplement to the State Gazette of the Republic of Indonesia Number 4279 ) (Indonesia, 2019).
The program created by the government should be a
breath of fresh air for film industry players in Indonesia, both film workers
and film industry entrepreneurs, to take their rights (Khotimah, 2022). The Certification Program itself covers 15
professions along with their descriptions in the film industry, and this is
believed to be one of the ways to revive the film industry in Indonesia to automatically
guarantee the rights of film workers, which we know are mostly freelance
workers who also have to fight for their rights. his (Jamaludin et al.,
2022) .
Protection for arts workers will provide fair
benefits, and economically, many multiplier effects will arise and strengthen
our growth as a whole. With regulations, arts workers
in the film get help overcoming problems and a form of protection for film people
(Baskoro, 2021). In the Creative Economy Law, if (Pahlevi et al., 2018) artists want to be protected, they must become another
party with the definitions in the relevant regulations, which may only
partially have characteristics in the form and method of work. In formal work
relationships, arts workers must be protected from general labor regulations (Sastrohadiwiryo &
Syuhada, 2021). Meanwhile, informal arts workers are excluded from
the protection of the Labor Law. However, women workers face more challenges
than their male counterparts, such as gender-based violence and discrimination.
In a patriarchal work system, with inadequate legal
protection and an illusion of flexibility in artistic and creative work,
Workers in the creative industry sector are expected to have flexibility in
space and time to work anywhere and anytime. However, they have
to face long working hours and unclear boundaries between work and rest
time because there is no specific scope in government policies regarding
workers obtaining their rights. The Act (UU) for the Promotion of Culture
stipulates artists as "Cultural Human Resources" but is not specific
in regulating the protection and rights of their work.
So how do you ensure that the regulation of the law on
the workforce runs smoothly according to the program launched by the government
for film workers? They work in the moving and immovable image industry, not
just those seen in the field at the time of the shooting. However, there are
still many people who work before or after production (Hidayat, 2020). Film workers tend to be ignored, and the government
still pays little attention to protecting them. The government took no concrete
steps, and Law 33 of 2009 had to be revised because it was deemed not to
protect film workers and was also considered to have had no direct impact on
the growth of the national film industry from 2009 to mid-2017.
The survey results were 401 respondents and 22
participants collected through the Group Discussion Forum (FGD) who have a
strategic position in the running of production, namely, director, assistant
director, art director-production designer, and producer.
From the survey results, there are three main problems
faced by workers
1.
Experiencing
prolonged working hours, 16-20 hours per day
2.
Violations
of normative rights, such as late payment of wages according to the agreed time
or even not being paid at all
3.
Workers
experience exploitative conditions in flexible economic conditions.
(Flexfloitation) in the absence of social security and health insurance, they have to bear their expenses for their work.
With the existing problems, forums engaged in film
workers, such as the Film and Television Employees Forum (KFT), support the
SKKNI program in the film sector, which was appointed by the government, with
the hope of advancing the system of the rights of film workers so that there
are no obstacles. In production, in the field of human rights for every worker,
they are of higher quality so that equal rights and obligations are created and
follow the agreed work contract agreements.
There needs to be awareness among film workers about
the importance of certification because certification will increase competence
and obtain the rights film workers have always wanted. Moreover, due to the
lack of passive socialization between film workers and film business actors,
many actors within the film industry need help to understand the film
certification program, and many film workers still need to receive their rights
at work. These are two things that must be improved in the film industry system
in Indonesia.
METHODS
The type of
research used by the author is normative-empirical legal research using
sociological research methods using secondary data research and interviews (Muhammad Syahrum, 2022). The data analysis used by the author is a qualitative
descriptive one that contains regular, logical, and effective sentences in
analyzing how it functions Law Number 13 of 2003 and how professionalism
certification from the SKKNI program benefits film workers.
RESULTS AND DISCUSSION
As
explained in Law Number 13 of 2013 and Law No. 33 of 2009, where regulations
have been regulated, several obstacles have continued until now.
1. Employment
Relations (Employment Agreement)
What
is the main basis of the working relationship between the company and the
employee besides the Employment Agreement? This work agreement contains the
rights and obligations of each party. Film workers also often experience
problems with employment contracts. The contents of work contracts have been
judged to be detrimental to film workers because they have not guaranteed their
normative rights, such as protection of wages, insurance
and overtime compensation. BPI) was also asked to protect film workers
actively.
The
government still places the interests of film workers at the last place in its
work priorities. This is evident in the programs implemented by the three
ministries, which tend to answer the needs of film entrepreneurs rather than
protect the interests of workers.
Various
related parties can take several steps, starting from the government, film
workers, professional film associations, and educational institutions. In
Indonesia, we can take the notion of work agreements, among others, from two
sources. The first source is the UUD and the second is from the Civil Code
(Burgerlijk Wetboek/ BW) (Hartkamp, 2020).
The following is the definition contained in the two foundations of labor law:
Law No. 13 of 2003 Article 1
number 14
"A work
agreement is an agreement between a worker/laborer and an entrepreneur or
employer which contains the terms of work, rights and obligations of the
parties."
Civil Code Article 1601a
"A work
agreement is an agreement in which the 1st (one) party/worker or worker binds
himself to be under the order of another party, the employer, for a certain
time to do the job and receive wages."
In the Labor Law, we will know
that there are three elements of an employment relationship contained in a work
agreement. These three are elements of work, elements of wages, and elements of
orders. Article 1 point 15 of the Manpower Law states as follows :
"Work relations are
relations between employers and workers/laborers based on work agreements,
which have elements of work, wages, and orders." Protection of Workers'
Rights�
Working Time and Rest
Time
However, if we
examine the meaning of work agreements in the Civil Code, there is one other
element of work relations, namely time. The time element marks the length of
the work agreement period valid for both parties, namely:
40 hours per week
1.
7
hours per day for a 6:1 work pattern
2.
8
hours per day for a 5:2 work pattern
Problems faced by film workers.
1.
Experiencing
prolonged work (overwork). Around 54.11 percent of respondents said they worked
16-20 hours/per day.
2.
Employment
contracts are often problematic and detrimental to workers because of the range
of experiencing normative rights violations, such as wages not being paid on
time, not according to the provisions, to not being paid at all.
3.
There
is the right to leave/rest (rest between working hours, weekly rest, annual
rest, and breaks for important reasons (stipulated by law/agreed).
4.
Working
hours are limited to a maximum of 14 hours/per day. This time consists of 8
hours of work, 4 hours of overtime, and 2 hours of rest.
5.
Working
hours are limited to a maximum of 14 hours/per day. This time consists of 8
hours of work, 4 hours of overtime, and 2 hours of rest.
6.
Propose
a break of 10 hours between the end of shooting time and the start of shooting
the next day.
7.
There
needs to be a collective labor agreement (PKB) between the union and the association
of film entrepreneurs.
8.
The
Ministry of Manpower needs to issue regulations on working hours for the film
sector and facilitate the creation of multi-enterprise collective bargaining
agreements for the film sector.
9.
Kemenristekdikti,
Kemenparekraf, and BPI were asked to socialize on the importance of limiting
film workers' working time.
2.
Insurance
Guarantee and Wages Timeliness Guarantee
Protection for arts workers will provide fair
benefits, and economically, there will be a lot of effects that will arise and
strengthen our growth as a whole; with regulations, arts workers in films will
get help overcoming problems and a form of protection for film people.
Protecting arts workers also encourages arts industry, the Indonesian film
industry to grow and develop better (Sari et al., 2020). Forms of protection for filmmakers, for
example, are related to issues relating to working time, rest time (WWKI) for
film workers, regulation of occupational safety and health for film workers,
regulation of social security for film workers and regulation of child labor in
the film sector. Film workers also often experience problems with work
contracts. So far, the contents of work contracts have often been seen as
detrimental to film workers because they have not guaranteed their normative
rights, such as protection of wages, insurance and
compensation for overtime. Wages and Welfare Facilities
For the energy, time, and expertise deployed for
that work, workers are entitled to wages. The definition of wages based on
Article 1 point 30 in the Labor Law is:
"Workers'/laborers' rights that are received and expressed in the
form of money as remuneration from the employer or employer to workers/laborers
which are determined and paid according to a work agreement, agreement, or
statutory regulations, including allowances for workers/laborers and their
families for a job and/or services that have been or will be performed.
a.
There
is no standard wage in the film sector, making it difficult to assess
eligibility. Without a standard for fair wages, conflicts between workers often
occur, such as competition over the payment of wages to get a job.
b.
To
normalize unhealthy working conditions, so far, there have been various
responses that corner bad working conditions, and that is a sacrifice that must
be accepted by workers as a consequence of the wages
received.
c.
The
government is considered very passive in protecting film workers. No firm steps
have been taken since 2016, even though 1/3 (one-third) of creative economy
workers experience excessive work.
3.
What
is the Function of Professionalization Certification for Film Workers?
According to Gunawan Pagaru, a chairman of the Film
and Television Employees (KFT) as well as the chairman of the Indonesian Film
Agency (BPI). The professional or competency feasibility test includes three
things.
1.
Skills
(skills)
2.
Attitude
(attitude)
3.
Knowledge
(knowledge)
The function of certification itself, apart from
increasing one's professionalism, can also increase income and guarantee the
rights of film workers who have not been considered important so far and film
business actors in the industry (Luik & Aritonang, 2021). And what is certain is that the State
recognizes their capabilities, and employment opportunities are more open because
it has become a requirement for several film industry entrepreneurs; it is very
clear that anyone who wants to be involved in an audio-visual production should
already have certification. (Pasaribu, n.d.) .
Film worker certification is very influential in
this era of globalization for film industry entrepreneurs because it is certain
that film workers who have taken the due diligence test will have a more
appropriate competitive work value. What is the relationship between the
Certification program and Labor Law No. 13 of 2003 and Law No. 33 of 2009?
Contents of Law No. 13 of 2013 1 Paragraph 9 and 10 which reads:
1)
Job
training is all activities that provide, obtain, improve, and develop work
competence, productivity, discipline, attitude, and work ethic at a certain
skill and expertise level in accordance with the level and qualifications of
the position or job (Mudjiarto & Visa, 2020 ) .
2)
Work
competence is the ability to work for each individual, which includes aspects
of knowledge, skills, and work attitudes that are in accordance with
established standards (Rosmini & Tanjung, 2019).
The contents of Law
Number 33 of 2009 article 47 reads:
1)
Every
filmmaker has the right to be creative, innovate, and work in the field of film
2)
Obtain
occupational health and safety guarantees
3)
Get
social security
4)
Get
legal protection
5)
Become
an equal partner with film business actors
6)
Establish
an organization that has a code of ethics
7)
Get
insurance for risky film activities
8)
Receive
income in accordance with the competence
9)
Receive
honorarium and/or royalties in accordance with the agreement
The contents of Law
Number 33 of 2009 article 48 reads that every filmmaker is obliged (Mufthi & Supianto,
2022) :
1)
Meet
competency standards in terms of film
2)
Carry
out work professionally
3)
Implement
work agreements made in writing
4)
Uphold
the values of religion, ethics, morals, decency, and national culture
CONCLUSION
The implementation of Law Number 13 of
2003, which regulates employment in general, has not been carried out as it
should, including for the film workers themselves, which is also contained in
Law Number 33 of 2009; there are still many film workers who do not even get
the right to according to the law. The competency test has not been fully
carried out by film workers and also film business
actors. It is clear what is written in the labor and film laws; however,
according to Mr. Gunawan Pagaru, there are many obstacles in the rules; when
the author conducted an interview, the certification program had been carried
out, but it has not been implemented by all film workers, and has not been
treated as a whole by film industry
entrepreneurs," we need technical guidelines (juniors) that are in the
middle between film workers and film business actors" he said. And the
Juknis itself must be appointed by the Minister of Education and Culture, which
is still being fought for. According to Indrayanto Kurniawan, a film director,
certification is very important for workers, but information about
certification itself is only thirty percent implemented, and assistance is
needed here to form active communication from film workers, film business
actors and the government. If
workers want to get better rights, then certification can be one of the first
steps, and it is also very beneficial for business actors in order to achieve
appropriate rights and obligations for both parties in making a work agreement.
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