Perppu on Job Creation Is a Violation of the Constitution?

The Indonesian Legal Aid Institute Foundation (YLBHI) demands that the President implement the Constitutional Court Decision No.91/PUU-XVIII/2020, withdraw Government Regulation in Lieu of Law Number 2/2022, to restore all the formation of regulations according to constitutional principles, a democratic legal state, and human rights. The Coordinating Minister for Political, Legal and Security Affairs Mahfud MD assesses that the existence of Perppu No. 2 of 2022 will automatically replace Law No. 11 of 2020.

BULETIN TEXTILE.COM/ Jakarta –  December 30, 2022, the Government announced it was issuing Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 concerning Job Creation. In fact, Law No. 11 of 2020 concerning Job Creation has been declared conditionally unconstitutional through the Constitutional Court Decision No. 91/PUU-XVIII/2020 dated 25 November 2021.

In that decision, the Constitutional Court ordered the legislators to make improvements within a maximum period of 2 years after the decision was pronounced. If it is not corrected within this time limit (until 25 November 2023), the Job Creation Law will be declared permanently unconstitutional.

The Constitutional Court also ordered the government to suspend all actions or policies that are strategic and have broad implications. The government is also not justified in issuing new implementing regulations relating to the Job Creation Law.

However, instead of improving the Job Creation Law through a process of meaningful public participation, the Government has issued the Perppu instead.

Coordinator of the Legal Counsel Team for Formal Examination of Law No.11 of 2020, through the issuance of MK Decision No.91/PUU-XVIII/2020, Viktor Santoso Tandiasa assesses the issuance of Perppu No.2 of 2022 which revokes Law No.11 of 2020 concerning Job Creation violation of the law and violation of the constitution.

“This is an act of violating the Government’s law on the Constitutional Court’s decision. It can even be said to be a form of defiance of the Constitution. The mandate of the Constitutional Court’s decision was to improve the procedures for forming the Job Creation Law and maximize public participation, but the government instead took shortcuts by issuing Perppu No. 2 of 2022 concerning Job Creation,” said Viktor.

Viktor reminded that the mandate of the Constitutional Court Decision No.91/PUU-XVIII/2020 is clear, if the Job Creation Law is not corrected within 2 years (until 25 November 2023) it will be deemed permanently unconstitutional.

However, it turns out that the Government has not taken advantage of these 2 years to improve, but has instead taken a shortcut by issuing the Job Creation Perppu.

YLBHI also criticized the issuance of Perppu No. 2 of 2022 concerning Job Creation. He considered that the issuance of this Perppu was clearly a form of defiance, betrayal or coup against the Indonesian Constitution.

This is a symptom that increasingly shows the authoritarianism of Joko Widodo’s government. This further shows that the President does not want policy discussions that greatly impact the entire life of the nation to be carried out in a democratic manner through meaningful participation as ordered by the Constitutional Court.

“The president has actually shown that power is in his own hands, does not require discussion in the Parliament DPR, does not need to listen and gives the public an opportunity to participate. This is clearly part of the betrayal of the constitution and against the principles of a democratic rule of law,” YLBHI Chairman, Muhammad Isnur, said.

Not Eligible

For YLBHI, the issuance of this Perppu clearly does not meet the requirements, namely there are matters of compelling urgency, a legal vacuum, and the process of making the law cannot be carried out as usual according to the mandate of the Constitutional Court Decision No.138/PUU-VII/2009.

The President should have issued a Perppu on the Cancellation of the Job Creation Law shortly after the Job Creation Law was passed, due to massive resistance from many elements of society.

However, at that time the President actually asked the people who rejected the Job Creation Law to conduct a judicial review to the MK. When the MK decided that the Job Creation Law was conditionally unconstitutional, the President actually outsmarted it by issuing a Perppu.

The Constitutional Court’s order is clear that the Government must improve the Job Creation Law, not issue a Perppu.

The impact of the Ukrainian-Russian war and the threat of inflation and stagflation that loomed over Indonesia is far-fetched and does not make sense as the reason for the issuance of this Perppu.

“The reason for the legal vacuum is also an unfounded reason and actually shows inconsistency. The government always claims that the Job Creation Law is still valid even though the Constitutional Court has declared conditionally unconstitutional,” he explained.

The Constitutional Court in its decision also prohibited the Government from making implementing derivative regulations from the Job Creation Law which had been declared conditionally unconstitutional. But in its journey the Government continues to form derivative regulations.

According to him, the issuance of the Perppu Job Creation also shows consistency in policy making in order to facilitate the will of investors and financiers.

This is clearly seen from the Government’s statement during the press conference that the issuance of this Perppu is the need for legal certainty for entrepreneurs, not for the benefit of the people as a whole.

The issuance of this Perppu further complements the Government’s recklessness in making policies, such as the Minerba Law, the National Capital City Law, the IKN, the Omnibus Law on Job Creation, the revision of the KPK Corruption Eradication Commission Law, the revision of the Constitutional Court Law, the Criminal Code Law, and other policies. another policy.

“The issuance of the Perppu at the end of the year also shows that the President does not want a reaction and pressure from the public in the form of demonstrations and others, because he knows that residents and the public are on holiday or year-end leave,” he quipped.

On that basis, YLBHI made a number of demands. First, demanding that the President implement the Constitutional Court Decision No.91/PUU-XVIII/2020 by amending the Job Creation Law with the conditions ordered by the Constitutional Court.

Second, withdraw Perppu No. 2 of 2022. Third, end the coup and disobedience to the constitution. Fourth, return all the formation of laws and regulations in accordance with the principles of the constitution, a democratic rule of law, and human rights (HAM).

Previously, the Coordinating Minister for the Economy Airlangga Hartarto said the government issued Perppu No. 2 of 2022 concerning Job Creation taking into account the urgent need to anticipate global conditions.

Starting from the economic aspect to geopolitics. For this reason, the Government needs to accelerate anticipation of global conditions in the economic sector.

“We are facing a global recession, rising inflation, then the threat of stagflation,” Airlangga said in a press statement with the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD and Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej at the Presidential Office, Friday (30/12/2022) as quoted from setkab.go page .id

On the geopolitical side, said Airlangga, the world is facing the Ukraine-Russia war and other conflicts that have not yet been resolved. “The government is facing, of course all countries are facing food, energy, financial and climate change crises,” he said.

According to Airlangga, the Constitutional Court Decision Number 91/PUU-XVIII/2020 regarding the Job Creation Law has greatly influenced the behavior of the business world both at home and abroad.

The government continues to seek investment as one of the keys to economic growth. Therefore, the existence of this Perppu is expected to provide legal certainty, including for business actors.

Airlangga also said that Indonesian President Joko Widodo (Jokowi) had spoken with the Speaker of the Indonesian Parliament Puan Maharani regarding the issuance of this Perppu.

“Earlier, the President consulted, spoke with the Speaker of the DPR and in principle the Speaker of the DPR has been informed about this Perppu on Job Creation.”

Mahfud MD said the issuance of Perppu 2/2022 was due to urgent reasons, such as the impact of the Russia-Ukraine war globally and nationally threatening rising inflation, stagflation, multi-sector crises, interest rates, geopolitical conditions, food crises.

For this reason, the Government must take strategic steps as soon as possible.

“Legal and regulatory considerations regarding the issuance of Perppu 2/2022 are due to an urgent need according to the Constitutional Court Decision Number 138/PUU-VII/2009,” Mahfud MD said.

According to him, the existence of Perppu 2/2022 automatically replaces Law 11/2020 which was drafted using the omnibus law method.

(Red B-Teks/Ly)

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