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The material judicial review hearing of Law No. 11 of 2020 on Job Creation, Monday (19/1/2020) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Once again, the Government requested that the Court delay material judicial review hearing of Law No. 11 of 2020 on Job Creation, said the Government’s representative I Ketut Hadi Priatna from the Coordinating Ministry for Economic Affairs at the third hearing on Tuesday, January 19, 2021 in the plenary courtroom.

“Your Excellencies, on behalf of the Government’s legal counsels, I’d like to request a delay of the hearing, because we still need time to review the materials for the judicial review. Your Excellencies, if you’d agree to grant a delay of one week,” he said before the Court presided over by Chief Justice Anwar Usman.

Also read: Advocates Challenge Job Creation Law

In response, Chief Justice Anwar Usman said that the Court would start hearing regional head election dispute (pilkada) cases from January 26 to March 24. He gave the legal counsels of the Government and the House of Representatives (DPR) time to submit a written statement. The schedule for the next hearing will be informed by the Court’s chief registrar through an official notice.

However, Petitioner Ignatius Supriyadi requested that the Court process the case swiftly because the Government had drafted regulations based on the Job Creation Law, which the Petitioners believe would harm them.

“We request [that the petition be processed] swiftly, because right now many implementing regulations are being drafted, which—in our understanding—if [this case is not decided immediately] it will result in implementing regulations that might lead to uncertainty or chaos. [That is] because the articles that we petitioned clearly have erroneous references. The Court needs to decide whether they are against the [Constitution] so that the implementing regulations will be in line with the Court’s decision,” he said.

Also read: Advocates Revise Petition on Job Creation Law

The petition No. 108/PUU-XVIII/2020 was filed by advocates Ignatius Supriyadi, Sidik, and Janteri. They challenge Article 6, Article 17 point 16, Article 24 point 44, Article 25 point 10, Article 27 point 14, Article 34 point 2, Article 41 point 25, Article 50 point 9, Article 52 point 27, Article 82 point 2, Article 114 point 5, Article 124 point 2, Article 150 point 31, Article 151, and Article 175 point 6 of the Job Creation Law.

They claimed that the articles petitioned have erroneous reference to other articles or paragraphs and some contain unclear and uncertain material/substance, leading to legal uncertainty. They also felt harmed by the unclear material/substance when offering legal services to their clients. They requested that the Court expedite the proceedings because the implementing regulations in the a quo law are cross-sectoral.

They noted that at least 15 ministries had to prepare for these implementing regulations. In their petitum, the Petitioners request that the Court declare the references in the a quo articles not legally binding insofar as not interpreted to follow that which was petitioned.

Writer: Utami Argawati
Editor: Lulu Anjarsari
PR: M. Halim
Translator: Yuniar Widiastuti (Editor: Indah Apriyanti)

Translation uploaded on 01/19/2020 19:59 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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