Hasan Basri Assesses that Government Regulation in Lieu of Law of Job Creation is Inconsistent with the Constitutional Court's Decision

05 January 2023 oleh admin

JAKARTA, dpd.go.id - President Joko Widodo signed Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation, Friday (30/12/2022).

Perppu which contains 1,117 pages and 186 articles aims to replace Law no. 11 of 2020 concerning Job Creation which was declared conditionally unconstitutional by the Constitutional Court (MK).

Previously, the Constitutional Court (MK) stated that the law was conditionally unconstitutional for two years - thus making the law unable to be implemented.

Responding to what had been issued by the Government, Chairman of Committee III DPD RI Hasan Basri considered the issuance of the Perppu as an unconstitutional form of the decision of the Constitutional Court (MK).

Hasan Basri assessed that what the government must do is improve Law No. 11 of 2020 which is conditionally unconstitutional in accordance with the directions of the Indonesian Constitutional Court, not replace it with a Perppu.

In considering the Constitutional Court's decision, the Job Creation Law is formally flawed because the procedure for forming the Job Creation Law is not based on a definite and standard method, as well as a systematic law formulation.

Then he also mentioned that, in the formation of the Job Creation Law, there was a change in the writing of several substances after the joint approval of the DPR and the President.

Hasan Basri emphasized that the formation of the Job Creation Law which was discussed with the DPR RI and DPD RI firmly refused to be declared formally flawed by the MK because the procedure was problematic.

Hasan Basri, who was one of the coordinators representing the DPD RI during the process of forming the Job Creation Bill, was very disappointed because, with the issuance of this Perppu, it was certain that the DPD RI would no longer be involved.

According to him, now the government is actually issuing a Perppu which eliminates the legislative authority of the DPD RI, because the Perpu becomes valid if it is approved by the DPR RI.

"We will propose that the DPD RI can carry out an inter-agency lawsuit if later this Perppu is approved by the DPR RI, the reason is because the DPD RI is not involved by the government and DPR," said HB.

The senator from North Kalimantan also believes that the issuance of the Job Creation Perppu must be in a state of urgency.

He conveyed that based on the mandate of the provisions of Article 22 of the 1945 Constitution of the Republic of Indonesia, Perppu can only be issued if there is a compelling emergency.

Based on the Constitutional Court Decision No.138/PUU-VII/2009 there are three conditions for fulfilling the "forced urgency", namely (1) there is an urgent legal problem and needs to be dealt with as soon as possible, (2) there is law but it does not solve the problem or still creates legal vacuum, and (3) a fast process is needed to produce legal products.

"In fact, there is nothing urgent economically in the context of society in general," said Hasan Basri.

Furthermore, through his press release, Hasan Basri also questioned what the urgency was that forced the government to issue a Perppu.

He considered that the government's reasons for global economic uncertainty which underlies the issuance of this Perppu tend to be unreasonable.

"In terms of global conditions, there are inconsistencies. When it comes to the achievements of President Jokowi, he has just boasted that Indonesia's economic growth is the highest among the G20 countries. But if the reason for issuing the Perppu is as if Indonesia is in an emergency and underperforming," he said.

Hasan Basri also emphasized that the two-year timeframe given by the Constitutional Court of the Republic of Indonesia to amend the Job Creation Law is enough to prove that the issuance of a Perppu is not an urgent matter – unless the definition of an urgent need is solely in the interests of investors and the government.

“But, at this point alone is already wrong. The Constitutional Court also clearly mandated the government to improve the Job Creation Law, not issue a Perppu," said Hasan Basri.

"What the government is doing is not in accordance with the MK's orders, you could even say the government is running away from its responsibility to improve the law. This means that the issuance of this Perppu shows an attempt to violate the Constitutional Court's decision," continued Hasan Basri.

Furthermore, Hasan Basri believes that this Perppu on Job Creation can be challenged to the Constitutional Court by the public or parties who feel dissatisfied.

Lawsuits can be filed in terms of the administrative process of forming the Perppu to the contents. (**)