Rahmat Wibowo documented his deadlocked bipartite meeting with PT Nomnie Technologies Indonesia (formerly Liven), accusing the company of exploiting logical fallacies and manufacturing a shadow employment classification to deny worker protections, and framing their defamation reference as an implicit threat dressed as mercy.
| ID | ev-20260604-009 |
|---|---|
| Source | Rahmat Wibowo LinkedIn |

Transcript
Jobs Games
When adays
Probation Ending
Becomes a
‘Missconduct By. Nomen Formety Liven
50: CVs
When "Probation
Ending" Becomes a
Legal Euphemism:
Bipartite Meetings
with Nomni Formerly
Liven (PT Nomnie
Technologies
Indonesia )
What happened in my bipartite meeting
with Nomni Formerly Liven (PT Nomnie
Technologies Indonesia ) and why it
matters for every Indonesian worker
navigating the startup ecosystem.
On June 3, 2026, | sat across the table
at the Dinas Tenaga Kerja Kabupaten
Tangerang for a bipartite negotiation
with PT Nomnie Technologies Indonesia
(Liven). The result: deadlock. Both
parties signed the minutes confirming
no agreement was reached, and the
dispute moves forward to tripartite
mediation. | want to document what
happened — not just for my own record,
but because the reasoning |
encountered is a pattern I've now seen
repeated across Indonesian startups. It's
a pattern that deserves serious scrutiny.
What | Walked In With
| arrived with four documented claims —
and | brought the articles. | came
prepared with citations to UU No. 6
Tahun 2023 (UU Cipta Kerja) and PP
No. 35/2021. | didn't go in empty-
handed. | went in with a legal framework.
What | received back was a series of
rejections, some procedurally dressed,
others frankly philosophical, and a
closing argument that, looking back,
revealed a pattern of how some startups
manage labor disputes without a proper
lawyer present.
The Logical Fallacies, One by One
Fallacy One: "It's not PHK, it's just
probation ending"
This is the most widespread semantic
trick in Indonesian startup HR culture.
The argument goes: because you were
terminated during probation, no formal
PHK occurred, therefore none of the
procedural and compensatory
protections for PHK apply.
This argument is legally flawed in a
specific, measurable way.
What startups are doing is creating a
third legal category that does not exist in
Indonesian law: a “probation exit" that is
neither PKWTT termination nor PKWT.
expiry. They are manufacturing a
shadow employment classification.
The violation in this case is arithmetic,
not interpretation. Look at the calendar:
When | cited this, the response was
essentially: the contract says 7 days,
and we gave 7 days. This conflates
calendar days with working days — and
more critically, a contract clause that
provides fewer rights than the statutory
minimum is void by operation of law
(Pasal 52 UU Ketenagakerjaan: terms
below the legal minimum are
automatically replaced by the legal
minimum).
Fallacy Two: "Your referral work was
voluntary — like cleaning someone's car"
This is where the negotiation took a turn
| did not expect. When I raised the 50+
CVs | submitted to their recruitment
pipeline, the company argued that
because this was done outside my job
description and without written
instruction, no compensation was owed.
The analogy offered: if you help
someone clean their car, you don't
automatically get paid for it.
Let me show exactly why this analogy
fails.
your personal initiative"
For work performed before April 1—
including a P1 incident response report
— the argument was that no
employment relationship existed yet, so
nothing is owed.
This is the strongest of their procedural
arguments — but it still has a counter.
| was already in their internal systems
before April 1. Being added to company
infrastructure before a formal start date
is an act of onboarding, not
volunteerism.
Fallacy Four — The Most Troubling : "We're
being merciful by not reporting you for
corporate defamation"
This one deserves its own section,
because it is not a legal argument at all.
It is an implicit threat dressed as
generosity.
The idea that choosing not to file a
criminal defamation report under UU ITE
constitutes "good faith" or "mercy" ina
labor dispute is a serious misuse of legal
framing. UU ITE defamation requires
proof of a specific, false statement
made with intent to damage reputation.
Documenting a labor dispute — filing
bipartite claims, raising legal questions,
sharing factual accounts of termination
— does not meet that threshold.
tsptes associ in as the ase exlic prevent
What strikes me most in hindsight is that
they conducted this entire negotiation
without a lawyer present. No Advokat.
No Konsultan Hukum. A General
Manager and an HRBP — both
presumably non-lawyers — were making
substantive arguments about PP
35/2021 and KUH Perdata, while
simultaneously invoking criminal
proceedings under UU ITE.
That combination is not just legally risky
for them. It made the session less
structured, less predictable, and
ultimately less productive than it should
have been. Bipartite negotiation under
Indonesian law is a mandatory step
designed for genuine resolution — not
performance.
Why Startups Do This: A Pattern Analysis
This is not unique to Liven. Across
Indonesian startups, a behavioral
pattern has emerged around probation
terminations that | believe deserves
naming clearly.
The "garden leave" concept — keeping
someone on payroll but inactive before
formal exit — has no basis in
Indonesian labor statute unless
explicitly negotiated in the employment
contract. It is borrowed from Anglo-
American practice and does not map
cleanly onto PKWTT/PKWT structures.
When a startup invokes it without a
contractual foundation, they are
operating on assumption, not law.
What the Bipartite Process Revealed
One thing the signed Berita Acara
confirms on the record: the company
now acknowledges this dispute
exists. They cannot claim they had no
notice of my claims. The deadlock is
documented. The four points are in the
public administrative record at Dinas
Tenaga Kerja Kota Tangerang.
This matters because the tripartite
process — with a mediator from the
government — will evaluate whether the
company's responses were legally
grounded or merely asserted. The
mediator is not bound by the company's
interpretation of "7 days." They are
bound by PP 35/2021.
| want to be clear: | am not writing this
out of bitterness. I'm writing it because |
believe in transparent documentation of
institutional behavior, and because
workers in the tech sector — hired
quickly and terminated quietly — often
don't know what the law actually says.
What Comes Next
The dispute now proceeds to tripartite
mediation at Dinas Tenaga Kerja
Kabupaten Tangerang. If mediation fails,
the matter is eligible for referral to the
Pengadilan Hubungan Industrial
(PHI).
| will continue documenting this process
publicly — not to damage, but to inform.
The labor ecosystem in Indonesian tech
is young and unevenly understood.
Every worker who reads this should
know: the law has specific words, and
those words mean something.
#LaborLaw #IndonesiaLaw
#Techindustry #WorkerRights #PHK
#Probation #UUCiptaKerja
#Ketenagakerjaanindonesia
#StartupCulture#Infraloka