A judicial review hearing of the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, Monday (2/20/2023). Photo by MKRI/Ifa.

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Monday, February 20, 2023 | 15:23 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of the Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation on Monday, February 20, 2023. The petition No. 5/PUU-XIX/2023 was filed by health law lecturer Hasrul Buamona, Migrant Care administrator Siti Badriyah, legal consultant Harseto Setyadi Rajah, entrepreneur Jati Puji Santoro, law students of Sahid University Jakarta Syaloom Mega G. Matitaputty and Ananda Luthfia Rahmadhani, Wenda Yunaldi, Muhammad Saleh, and the Singaperbangsa Trade Union Federation’s (FSPS) as Petitioners I-IX. The petition No. 6/PUU-XIX/2023 was filed by the Confederation of All Indonesian Labor Unions (KSBSI). The session had been scheduled to hear the President/Government’s statement.

“However, the Coordinating Ministry for Economic Affairs of the Republic of Indonesia as the President/Government’s proxy requested a postponement since they were unprepared to deliver their statement. So, the hearing is adjourned until Thursday, March 9, 2023 at 11:00 WIB to hear the President/Government’s statements,” said Chief Justice Anwar Usman from the plenary courtroom.

The Petitioners’ counsel Muhammad Hafidz expressed disappointment that the Government tried to delay the proceedings as the perppu had been signed on December 30, 2022 and that they had anticipated challenges against it.

“Since the review of a perppu in the Constitutional Court has a time limit, we believe this is the Government’s effort to delay their statement, but we understand. Since the Petitioners will be given opportunity to present experts, we appeal for their statements to be heard,” he said.

The chief justice stated that this request would be forwarded to the justice deliberation meeting. He announced that the next hearing would take place on Thursday, March 9, 2023.

Also read:

Govt Regulation in Lieu of Law on Job Creation Deemed Not Having Urgency

Court Examines Revisions to Two Petitions on Job Creation Law

At the preliminary hearing on Thursday, January 19, 2023, the Petitioners of case No. 5/PUU-XIX/2023 argued the president’s subjective prerogative to issue a perppu must be based on an objective assessment of the situation. They asserted that the perppu did not meet lawmaking requirements as the Government had used Law No. 11 of 2020 on Job Creation to implement urgent needs for legal issues where there is no legal vacuum.

Meanwhile, the Petitioner of case No. 6/PUU-XIX/2023 argues that 55 articles in the perppu are unconstitutional. They believe those norms have eliminated the constitutional rights of laborers that are guaranteed in the 1945 Constitution and Law No. 13 of 2003 on Manpower. They believe there is no legal vacuum in manpower law and that Law No. 13 of 2003 and other manpower legislation are still in force. Therefore, the Petitioners requested that the Court grant their formal petition and declare the perppu unconstitutional.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/23/2023 13:03 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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