The ruling hearing of the judicial review of Law No. 11 of 2020 on Job Creation petitioned by veterinarians and the Indonesian Veterinary Medical Association, Tuesday (1/25/2022). Photo by Humas MK/Ifa.

---

Tuesday, January 25, 2022 | 14:07 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) declared the petition by veterinarians against Law No. 11 of 2020 on Job Creation inadmissible. “[The Court issues] a verdict to adjudicate, to declare the petition inadmissible,” said Chief Justice Anwar Usman (plenary chair) at a ruling hearing on Tuesday, January 25, 2022

The Court had considered the Petitioners’ argument that even though the Constitutional Court in Decision No. 91/PUU-XVIII/2020 on the judicial review of the Job Creation Law had ruled it conditionally unconstitutional, material judicial review can take place as it is still in effect. However, if within two years since its pronouncement the law has not been revised formally, it will be null and void.

The Court believes the two-year deadline is for formal revision, in which any amendment by the legislatures is possible. In addition, in point 7 in the decision, the Court suspended all strategic and broad-impact actions/policies and prohibited the issuing of new implementing regulations related to the Job Creation Law.

“As such, the Court is of the opinion that the Petitioners’ petition was premature. Such a consideration is because the a quo petition was filed after the Constitutional Court Decision No. 91/PUU-XVIII/2020 dated November 25, 2021,” said Constitutional Justice Manahan M. P. Sitompul reading out the Court’s opinion.

Also read:

Veterinarians Challenge Job Creation Law

Veterinarians Revise Petition on Job Creation Law

The petition for case No. 64/PUU-XIX/2021 was filed by the Indonesian Veterinary Medical Association (PDHI), Jeck Ruben Simatupang, Dwi Retno Bayu Pramono, Deddy Fachruddin Kurniawan, Oky Yosianto Christiawan, and Desyanna (Petitioner I-VI). They requested the material judicial review of Article 34 point 16 paragraph (2) and Article 34 point 17 paragraph (1) of the Job Creation Law on the amendment to Article 69 paragraph (2) and Article 72 paragraph (1) of Law No. 18 of 2009 on Husbandry and Animal Health (PKH Law).

Petitioner I is a private legal entity, a professional association that represents and serves the interests of the veterinary profession/veterinarian in the country and has a commitment to strive for excellence in their profession and for animal preservation and ecosystem preservation (humans, animals, plants, environment). Petitioners II-VI are Indonesian citizens, veterinarians, and veterinarian service users.

The Petitioners believe their constitutional right to livelihood and decent living would be harmed as the amendment to the PKH Law in the Job Creation Law has led to a shift where anyone who offers health services and are previously required to have a business license is now required to meet requirements for a business license.

Although the shift might seem simple, they alleged, it proved to be a barrier and violates the constitutional rights of Petitioners II-V, who are stakeholders referred to in Article 34 point 16 paragraph (2) of Law No. 11 of 2020.

The Petitioners, who represent veterinarians and veterinarian service users, would not be able to have work and decent living due to the enactment of Article 34 point 16 paragraph (2) and Article 34 point 17 paragraph (1) of the Job Creation Law when the ‘business license’ means requirements that are against the notion of “ease in the process of applying for a business license” and/or Article 27 paragraph (2) of the 1945 Constitution as the philosophical basis for the Job Creation Law.

The phrase ‘business license’ in question is risk-based, with the consequence that business licensing for the husbandry and animal health subsector would be categorized as UMKM/MSMEs and/or big businesses, while that for the agriculture and animal health subsector would be categorized as small businesses. As such, ‘anyone who offers health services’ and ‘animal health workers who provide animal health services’ must have business capital of over one billion rupiahs to start and/or continue their business.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 01/25/2022 15:24 WIB

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

---