Mutiara Morent Tanoto / 01011180412

HUBUNGAN INDUSTRIAL PT. PERTAMINA

Industrial Relations comes from Industrial Relations which is a development of the term
labor relations or labor management relations. The term labor relations gives a narrow
impression as if it includes only the relationship between employers and workers. Basically,
industrial relations covers a very broad aspect, namely socio-cultural, psychological, economic,
political, legal aspects so that industrial relations does not only include employers and workers,
but involves the government and society in a broad sense. Thus, the use of the term industrial
relations is felt to be more appropriate than labor relations.
According to Law No.13 of 2003 Article 1 point 16, it is said that industrial relations is a
system formed between actors in the process of producing goods and / or services consisting of
elements from entrepreneurs, workers / laborers and the government based on the values of
Pancasila. and the 1945 Constitution of the Republic of Indonesia.

Peran Hubungan Industrial

Fungsi Hubungan Industrial merupakan fungsi penting yang harus ada di dalam sebuah
organisasi besar. Sehingga, peran dari hubungan industrial ini sangat krusial, dimana peran-
perannya adalah:

● Compliance
The role of Industrial Relations in this aspect is to ensure that human resource
management practices are in accordance with existing regulations, so that this role can
minimize a conflict that will occur within an organization.
● Protection
The role of Industrial Relations in this aspect is to protect companies from labor legal
risks which are indeed guidelines for companies against the government.
● Enforcement 20
 Industrial Relations also plays a role in enforcing the law to support the realization of
corporate values by implementing aspects of punishment and consequences for violating
these values.
● Counsel
In addition, Industrial Relations also plays a role in providing recommendations for
business process improvement in accordance with existing labor dynamics.

In 2019, after going through a series of activities and discussion stages, PT Petamina
(Persero) together with the United Pertamina Workers Union Federation (FSPPB) signed a
Collective Labor Agreement (PKB) for the 2019-2021 Period. This PKB is the result of a joint
agreement between the Company and the FSPPB, which has a mandate from 16 trade unions
with a total membership of 8,757 workers or about 67 percent of Pertamina's total 12,930
workers. The signing of the Pertamina PKB was carried out by the President Director of
Pertamina, Nicke Widyawati and the President of the FSPPB, Arie Gumilar who was witnessed
by the Director General of Industrial Relations & Social Security at the Ministry of Manpower
Haiyani Rumondang at Pertamina Headquarters, Monday, April 15 2019.

Pertamina Vice President for Corporate Communication Fajriyah Usman explained that
the success of the agreement of this PKB is certainly undeniable proof that at Pertamina the
relationship between management and workers and all trade unions has been running
harmoniously. "We have gone through a long series of stages that continue to experience
improvements at Pertamina and are implemented consistently so that Pertamina's PKB has been
improved from year to year which at the same time reflects the improvement in the industrial
relations situation at Pertamina," he said.

According to Fajriyah, the total time required for the signing of the PKB is 7 (seven)
months which will then become a cycle every two years as Pertamina's commitment to
compliance with labor regulations as well as an important part of building a means of realizing
harmonious, dynamic and just industrial relations in Pertamina.
 The steps towards signing the PKB for Pertamina and this Worker include; verification of
trade union membership, pre-negotiations, PKB negotiations, and finalizing drafts. The process,
which started from September 2018 - March 2019, was conducive and constructive, because an
understanding had been created before entering the negotiating table as well as an agreement on
the theme of "The Strategic Role of Workers in Maintaining Company Business".

Pertamina and the Workers Union welcomed the signing of the Pertamina PKB for the
2019-2021 period. According to Fajriyah, this agreement was a positive step to realize the
company's programs and targets in the next 3 (three) years. On the sidelines of the negotiation
activities in order to reach an agreement, the Board of Directors and representatives of the
FSPPB workers union have shown togetherness by going to the field to carry out positive
activities that are beneficial to the community, such as social services to clean beaches from
rubbish in Bali and also blood donations.

Fajriyah emphasized that in the future, positive synergy between workers and companies
at Pertamina will continue to be developed with positive improvements so as to create a safe,
harmonious, harmonious and in line relationship, so that the company can achieve high
productivity while improving the welfare of workers and all parties as mandated by the Law.
-Law No. 13 of 2003.

However, in 2020, the United Pertamina Workers Union Federation (FSPPB) sued the
Minister of State-Owned Enterprises (BUMN) Erick Thohir and the Directors of PT Pertamina
(Persero) to the Central Jakarta District Court. The head of the FSPPB Media Division Marcellus
Hakeng Jayawibawa said the two parties had issued a unilateral decision, which caused losses to
workers and state finances managed by Pertamina. "FSPPB assesses that the Minister of BUMN
and Pertamina's Board of Directors have issued a unilateral decision that not only harmed
workers, but also transferred state assets and finances managed by Pertamina," he said as quoted
in an official release, Tuesday (22/7).

The case was filed because in June 2020 Erick issued a decision on Dismissal, Change of
Position Nomenclature, Transfer of Duties and Appointment of Pertamina's Directors. The
lawsuit has been filed for online registration (e-court) with Case Number: 386 / Pdt.G / 2020 /
PNJkt.Pst last Monday (20/7). FSPPB itself oversees 19 Labor Unions within Pertamina and has
appointed the Sihaloho & Co Law Firm as their legal attorney. The decision was followed by a
Decree from the President Director of Pertamina regarding the Basic Organizational Structure of
Pertamina (Persero) which was marked by the establishment of five Pertamina Subholdings.
According to Marcellus, the FSPPB was never involved in the decision-making process. In fact,
mergers, consolidations, acquisitions and changes in the form of a Limited Liability Company
Legal Entity must take into account the interests of employees, who are represented by the
Workers Union. Apart from that, this decision also resulted in the transfer of state finances and
assets previously controlled by Pertamina to change their position to those of Pertamina's
subsidiaries (Subholding).

FSPPB's Industrial Relations and Legal Manager, Dedi Ismanto, said that Erick and his
friends' decision was detrimental to workers because their positions, rights, obligations and
employment status had changed. "And what is very worrying is that the Pertamina subsidiaries
will be privatized or denationalized in the near future," he said. Dedi is worried that state assets
and assets will be shared with the private sector, including foreign investors, in the entire
Pertamina business chain, from upstream, processing, distribution and marketing to the financial
market.
Meanwhile, the Legal Counsel for FSPPB Janses Sihaloho from the Law Firm of
Sihaloho & Co explained that the privatization of Pertamina's Subholding clearly had an impact
on the wider community. The determination of fuel and LPG prices, for example, will no longer
consider the purchasing power of the wider community. Because the ownership status has
changed, policies are no longer purely determined by the state. Certainly it will be influenced by
the interests of other shareholders, including foreign investors.

According to him, Pertamina's Subholding privatization process, which was initiated by

the Decree of the Minister of BUMN and the Decree of the President Director of Pertamina
regarding the Basic Organizational Structure of PT Pertamina (Persero), is strongly suspected of
taking advantage of the legal loopholes in article 77 of the BUMN Law. This article expressly
prohibits the holding of certain BUMN (Persero) companies, including Pertamina, from being
privatized.
However, for a subsidiary of BUMN Persero, the article has ambiguous meanings and
multiple interpretations, thus opening up opportunities to be privatized. Therefore, last
Wednesday (15/7), FSPPB has submitted a judicial review of Article 77 of the BUMN Law to
the Constitutional Court. In this regard, FSPPB appealed to even though Article 77 of the BUMN
Law had legal loopholes, decision makers in this country should not have used it to privatize
BUMNs that control the lives of many people. It should be, all of us, especially state officials,
should take part in maintaining national energy sovereignty for the sake of our children and
grandchildren. Not just exploiting legal loopholes for certain interests.

Notes: Sorry, but the information from the results of this interview is from Pertamina officials
who cannot be named. Because according to him, this topic must be answered in a transparent
manner, but it is still an internal matter of the company.