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Monday, April 19, 2021 | 12:05 WIB

Constitutional Justices Saldi Isra, Suhartoyo, and Wahiduddin Adams opening the second hearing of the formal judicial review of Law No. 11 of 2020 on Job Creation, Monday (19/4/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations—The Constitutional Court (MK) held another formal judicial review hearing of Law No. 11 of 2020 on Job Creation, which was petitioned by 15 legal entities including the Indonesian Farmers Union (SPI) and the Indonesia Human Rights Committee for Social Justice (IHCS). The second hearing for case No. 107/PUU-XVIII/2020 took place on Monday, April 19, 2021 at the plenary courtroom. The Petitioners attended the hearing virtually.

Attorney Imelda conveyed the revisions to the petition following the justices’ advice. The Petitioners added a reference to the organizations’ statutes/bylaws regarding their representation in court. They also elaborated on the drafting of the law, which they deem unconstitutional and unknown in the country’s legislation system. “We have made it into subchapters of planning, drafting, and ratification,” Imelda explained. She also said that the Petitioners requested that the law be declared formally defective, not legally binding, and unconstitutional.

In response, Constitutional Justice Saldi Isra explained, “The petition would be forwarded to the justice deliberation meeting (RPH), attended by the nine constitutional justices. They will decide whether the [case] will advance to evidentiary hearing or ruled by the Court without [it]. Please be patient.”

Also read:

Deemed Unconstitutional, Job Creation Law Challenged by 15 Legal Entities

At the preliminary hearing on Tuesday, December 8, 2020, the Petitioners alleged that the Job Creation Law violated Articles 20 and 22A of the 1945 Constitution for not meeting the formal lawmaking requirements as stipulated in Articles 158, 161, 162, and 164 of the House Rule of Conduct No. 1 of 2020 and Article 72 of Law No. 12 of 2011. They believe that because the drafting team of the Job Creation Bill hadn’t finished their draft, the synchronizing team couldn’t review the text. The reviewed text should’ve been reported to the working committee session, in which a decision will be made, pursuant to Article 162 of the House Rule of Conduct No. 1 of 2020.

Based on Article 162 of the House Rule of Conduct No. 1 of 2020, the bill resulting from the decision of the working committee session must be read out in full, along with its elucidation. If the draft is agreed on upon deliberation, a final decision will be made at the Level I Discussion, pursuant to Article 163 of the House Rule of Conduct No. 1 of 2020. The text of the bill will be read out then.

The Petitioners believe that a bill that has been ratified by the House and the president shouldn’t be changed. However, several substance changes occurred in the bill.

Writer: Lulu Anjarsari P
Editor: Nur Rosikin
PR: Tiara Agustina
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 4/19/2021 14:26 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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