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Thursday, April 22, 2021 | 09:35 WIB

The Petitioners’ attorney at a virtual preliminary hearing of Law No. 11 of 2020 on Job Creation, Wednesday (21/4/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations—Law No. 11 of 2020 on Job Creation is being challenged once again in the Constitutional Court (MK). This time, the petition was filed by Riden Hatam Aziz (secretary-general of the Indonesian Metal Workers Federation (FSPMI), Suparno (chairman of the Bekasi chapter of FSPMI’s Automotive Machinery and Component Workers Union), Fathan Almadani (a contract worker at PT Indonesia Epson Industry, Cikarang), and Yanto Sulistianto (a permanent employee at PT Mahiza Karya Mandiri, Tangerang) (Petitioners I-IV).

At a virtual preliminary hearing on Wednesday, April 21, 2021, attorney Said Salahudin said that under the Court’s jurisdiction to review laws against the 1945 Constitution, it must observe the legal values and sense of justice in society based on the 1945 Constitution. Thus, it must see all parts of laws as a unified system that mustn’t conflict with one another. He also said the Petitioners challenge the formation of the Job Creation Law against other provisions in the prevailing laws and regulations.

“Law No. 25 of 2004 on the National Development Planning System (SPPN); Law No. 17 of 2007 on the National Long-Term Development Plan of 2005-2025 (RPJPN); Law No. 17 of 2014 on Law on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and Regional Legislative Council (MD3). Provisions of these laws are used as touchstones based on the Constitutional Court Decision No. 49/PUU-IX/2011,” Said said about the case No. 6/PUU-XIXI/2021.

Clarity in Formulation

The Petitioners also claimed that the formulation of the a quo law violated Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution. They claimed it didn’t meet the technical and format requirements as stipulated in the elucidation to Article 5 letter f of the Law on Lawmaking (PPP), which requires that there must be clarity in diction, terms, and legal language when formulating laws so as to avoid multiple interpretations.

The Petitioners also said that the lawmaking process must be transparent and open so that the public will have the opportunity to provide inputs. Meanwhile, in drafting the a quo law, the Government closed the access to the bill. Their secretive sentiment made it seem as if the law’s academic texts and bill were confidential documents that must be kept out of the reach of the public. As a consequence, the public couldn’t access the bill and provide their inputs.

Justices’ Advice

Constitutional Justice Wahiduddin Adams advised the Petitioners to observe new regulations on the procedural law of judicial review in the Constitutional Court and to include representative evidence in the form of proposed articles from the media for the formal review.

“Maybe it is difficult to access the documents, but please try to obtain the documents relevant to the petition,” he said.

Next, Constitutional Justice Suhartoyo observed the deadline for the formal review of the a quo law. He noted that the petition was filed in December 2020, when the Court was settling the dispute cases over the results of the 2020 regional election. “The Court will review this deadline issue,” he said.

Meanwhile, Constitutional Justice Saldi Isra highlighted the need for evidence in the form of bills that were approved and the changes to the bill that was promulgated. This will be a basis for the Court to observe the drafting process of the a quo law.

“It is very possible for the Petitioners to provide evidence to their claim. [Please show] the violations to the [lawmaking] stages,” he said.

Before concluding the hearing, Justice Saldi informed the Petitioners that they were given no later than 14 workdays to revise the petition and submit it by Wednesday, May 4, 2021 at 10:00 WIB to the Registrar’s Office.  

Writer: Sri Pujianti
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 4/22/2021 22:05 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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