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UU CIPTAKER BISA MENIMBULKAN KEKURANGAN TENAGA PEKERJA

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Oleh: Emrus Sihombing
Dosen Pascasarjana Universitas Pelita Harapan

Perlukah demo dukung UU Cipta Kerja (UU Ciptaker)? Jawabnya, sangat perlu. Bukan hanya demo menolak UU Ciptaker selalu muncul, tetapi demo memberi dukungan UU Ciptaker juga perlu sebagai hak yang dijamin oleh UU. Sebab, isi UU Ciptaker berorientasi pada kesejahteran rakyat Indonesia secara umum. Bahkan implementasi UU Ciptaker bisa berdampak Indonesia mengalami kekurangan tenaga perkerja di semua bidang dan tingkatan bisnis/usaha, salah satu karena ada migrasi WNI dari pelamar atau pekerja menjadi penerima pekerja atau pemilik usaha/entrepreneur.

UU Ciptaker sudah menjadi realitas hukum setelah melalui realitas politik. Ketika realitas politik, melalui proses eksternalisasi di ruang publik, berbagai kalangan mencurahkan pikiran dalam bentuk pandangan dan penilaian subyektif masing-masing tentang segala hal terkait RUU Ciptaker. Arus komunikasi politik dari input politik (dukungan dan penolakan) hingga melahirkan out put politik dalam bentuk UU Ciptaker berjalan sesui dengan peta kognisi masing-masing sebagai perwujudan kepentingan politik para partisipan komunikasi politik di ruang publik. Proses komunikasi politik berlangsung dinamis tanpa sumbatan politik dari negara. Semua orang bisa memberi pendapat yang ditujukan kepada siapapun terkait dengan RUU Ciptaker, sehingga masukan dan kritik dari berbagai kalangan mewarnai isi UU Ciptaker.

Setiap out put politik, salah satu di antaranya, dalam bentuk undang-undang seperti UU Ciptaker dirumuskan dan kemudian disahkan oleh DPR-RI dan ditandatangani oleh Presiden pasti melalui kajiaan filosifis, wacana publik dan kemanfaatan bagi segenap warga negara Republik Indonesia. Bisa jadi memang, ada pasal tertentu dalam sebuah UU belum memenuhui kepentingan sekelompok orang atau seseorang aktor sosial tertentu, Karena itu, setiap UU yang dibuat oleh negara sulit dapat memenuhi semua keinginan/hasrat setiap individu, apalagi aktor sosial/politik tersebut memposisikan diri selalu sepakat untuk tidak sepakat dengan program dan atau gagasan dan atau kebijakan pemerintah.

Sebagai realitas hukum positif di negara kita, UU Ciptaker, menurut hemat saya, sebagaimana juga saya sampaikan di media arus utama di negeri ini, UU Ciptaker mampu membangun optimisme baru dalam penyerapan tenaga kerja dan pertumbuhan ekonomi Indonesia yang signifikan ke depan, tentu sejak UU Ciptaker benar-benar diimplementasikan tanpa ganggungan yang berarti. Baiknya lagi, UU ini pun mampu membangun kepastian hukum, termasuk pemberian sanksi yang terukur.

Bila ditelisik secara seksama, isi UU Citapker sarat kemudahan perizinan usaha, sehingga terciptanya peluang muncul dan berkembangnya jumlah serta berbagai bidang Usaha Mikro, Usaha Kecil dan Usaha Menengah yang dikenal dnegan UMKM. Prosedur dan alur birokrasi mendirikan bidang usaha menjadi sangat-sangat sederhana. Pendirian Perusahaan Terbatas (PT) pun, misaalnya, sudah bisa hanya oleh satu orang atau disebut sebagai “PT perorangan”. Selain itu, jumlah anggota membentuk koperasi sebagai bidang usaha memajukan perkonomian rakyat, sudah sangat dikurangi, tidak sebanyak sebelum lahirnya UU Ciptaker ini. Bantuan permodalan UMKM dari pemerintah salah srtu fokus utama dalam UU Ciptaker.

Dengan UU Ciptaker, iklim usaha di tanah air berpihak kepada Usaha Mikro, Usaha Kecil dan Usaha Menengah (UMKM). Usaha Mikro mampu berkembang menjadi Usaha Kecil. Sedangkan Usaha Kecil bergerak menjadi Usaha Menangah yang pada gilirannya Usaha Menengah maju menjadi Bisnis Besar. Akibat itkutannya, bermunculan lagi Usaha Mikro baru. Demikian seterusnya.

Konsekuensi dari perkembangan perubahan tingkatan usaha dari Usaha Mikro hingga menjadi Bisnis Besar di berbagai bidang usaha, tidak sekedar mampu menyerap tenaga kerja yang lebih banyak dalam berbagai bidang keterampilan dan talenta, tetapi mampu menciptakan lapangan kerja baru. Bahkan dapat diprediksi Indonesia akan kekurangan tenaga kerja jika semua komponen bangsa mendukung dan melakukan UU Ciptaker, dibanding sebelum UU Ciptakler. Implementasi UU Ciptaker bisa berdampak Indonesia mengalami kekurangan tenaga perkerja di semua bidang dan tingkatan bisnis/usaha, salah satu karena ada migrasi WNI dari pelamar atau pekerja menjadi penerima pekerja atau pemilik usaha/entrepreneur. Ini sangat realistis.

Selain itu, peningkatan jumlah dan bidang usaha dipastikan mampu membangun kolaborasi bisnis saling terkait dan terintegrasi antar Bisnis Besar, Usaha Menangah, Usaha Kecil dan Usaha Mikro. Hilirisasi bidang usaha di semua sektor secara natural akan terjadi secara akseleratif (percepatan). Dengan demikian, pendapatan perkapita seluruh rakyat Indonesia akan terus meningkat dari tahu ke tahun. Karena itu, menurut hemat saya, tidak berlebihan Indonesia menjadi salah satu kekuatan ekonomi dunia yang luar biasa pada tahun 2035.

Keseriusan pemerintah tentang UU Ciptaker agar berpihak kepada kesejahteraan sosial ekonomi bagi seluruh rakyat Indonesia terlihat pada isi peraturan pemerintah (PP) dan peraturan presiden (Perpers) sebagai peraturan turunannya. Sejumlah PP dan Perpres tersebut disusun dengan memperhatikan, menerima dan mempertimbangkan semua aspirasi masyarakat Indonesia terhadap setidaknya 11 bidang utama di UU Ciptaker, yaitu: (1) Peningkatan Ekosistem Investasi dan Kegiatan Berusaha; (2) Perizinan Berusaha; (3) Ketenagakerjaan; (4) Kemudahan, Perlindungan serta Pemberdayaan Koperasi dan UMKM; (5) Kemudahan Berusaha; (6) Dukungan Riset dan Inovasi; (7) Pengadaan Tanah; (8) Kawasan Ekonomi; (9) Investasi Pemerintah Pusat dan Percepatan Proyek Strategis Nasional; (10) Administrasi Pemerintahan; serta (11) Pembinaan dan Pengawasan serta Pengenaan Sanksi. Semua isi PP dan Perpres tersebut orientasi pada kesejahteraan sosial ekonomi rakyat Indonesia.

Salam,
Dosen Pascasarjana Universitas Pelita Harapan
Dr. Emrus Sihombing

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