Constitutional Court rejecting the formal judicial review petition of Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on Lawmaking, Monday (10/31/2022). Photo by MKRI/Ifa.

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Monday, October 31, 2022 | 15:16 WIB

JAKARTA (MKRI)—The Constitutional Court (MK) decided to reject the entire formal judicial review hearing of Law No. 13 of 2022 on the Second Amendment to Law No. 12 of 2011 on the Formation of Legislation (Lawmaking/P3 Law) on Monday, October 31, 2022 in the plenary courtroom. The ruling hearing for Decision No. 69/PUU-XX/2022 was presided over by Chief Justice Anwar Usman and the other eight constitutional justices.

Constitutional Justice Enny Nurbaningsih, who read out the Court’s legal considerations, stated that the Elucidation of Article 5 letter e of the P3 Law was not a new substance because, the lawmaking principles, including efficiency and usefulness, had been established since the enactment of Law No. 10 of 2004 on Lawmaking, later amended by Law No. 12 of 2011 on Lawmaking. The criteria for those principles is the necessity for regulating the people’s lives and social life.

As for the criteria of ‘urgently required,’ Justice Enny said, the formation of a law serves as a further regulation of the mandate of the 1945 Constitutions orders, which is further regulated by law, the ratification of certain treaties, the follow-up on the decision of the Constitutional Court, and/or the fulfillment of legal needs in society.

“Based on these legal considerations, the Court believes the Petitioner’s arguments that the Lawmaking Law has violated the principles of efficiency and usefulness as regulated in Article 5 letter e of the Lawmaking Law was legally groundless,” she asserted.

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The case No. 69/PUU-XX/2022 was filed by the Labor Party, represented by president Said Iqbal and secretary-general Ferri Nurzali, as well as Ramidi, Riden Hatam Aziz, R. Abdullah, Agus Ruli Ardiansyah, Ilhamsyah, Sunandar, Didi Suprijadi, and Hendrik Hutagalung. At the preliminary hearing on Thursday, July 14, Said Iqbal argued that the enactment of the Lawmaking Law could ‘revive’ Law No. 11 of 2020 on Job Creation, which Court had declared formally defective. Therefore, they felt the need to ensure the Lawmaking Law, which would be used as an entryway to discussing the Job Creation Law, be declared invalid by the Constitutional Court. 

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

Translation uploaded on 11/1/2022 13:57 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.

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