Chief Justice Anwar Usman reading the verdict for the judicial review of Perppu No. 2 of 2022 on Job Creation, Friday (4/14/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the ruling hearing for the formal judicial review of the Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation on Friday, April 14, 2023 in the plenary session. The hearing was presided over by Chief Justice Anwar Usman and the other eight constitutional justices.

Four decisions and one decree were read out at the hearing: Decree No. 6/PUU-XIX/2023 petitioned by the Confederation of All Indonesian Labor Unions (KSBSI) as well as Decisions No. 5/PUU-XXI/2023, petitioned by Hasrul Buamona, Siti Badriyah, Harseto Setyadi Rajah, and others; No. 14/PUU-XXI/2023, petitioned by 13 workers unions; No. 18/PUU-XXI/2023, petitioned by Rega Felix; and No. 22/PUU-XXI/2023, petitioned by the Alliance of Workers Unions/Labor Unions.

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Object Lost

The Court revealed that in a plenary session on March 21, 2023, the House of Representatives (DPR) had approved the bill on the stipulation of the Job Creation Perppu into law. Then, on March 31, the President promulgated the perppu into Law No. 6 of 2023 on the Stipulation of the Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation into Law. This made the Petitioners’ petitions lose their object.

“Based on facts, as a legal product, the Job Creation Perppu has changed into Law No. 6 of 2023, so the Petitioners’ petition has lost its object,” said Constitutional Justice Wahiduddin Adams reading out one of the Court’s legal considerations for Decision No. 5/PUU-XXI/2023. In its verdict, the Court declared the Petitioners’ petition inadmissible.

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Argument Declare Premature

In Decision No. 18/PUU-XXI/2023, the Court declared it could not accepted the petition by Rega Felix, owner of culinary business “Felix Burger,” who alleged that Article 34 paragraph (2) of Law No. 33 of 2014 on Halal Product Assurance (JPH) and Article 48 points 19-20 of the Job Creation Perppu, which contain amendment to Article 33 paragraph (5) and Article 33A paragraph (1) of the JPH Law, were unconstitutional.

In its legal considerations read out by Constitutional Justice Arief Hidayat, the Court asserted that Article 34 paragraph (2) of the JPH Law is an inseparable unit alongside Article 33 paragraph (2) of the Job Creation Law, which had been amended by the Job Creation Perppu and was stipulated as Law No. 6 of 2023. So, it added, Article 33 paragraph (2) is an absolute condition to the enactment of that Article 34 paragraph (2) of the JPH Law. “Because the Job Creation Perppu lost its object, the Court believes that the Petitioner’s argument on the judicial review of Article 34 paragraph (2) of the JPH Law was obscure or, at the very least, premature,” Justice Arief said.

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Decree on Job Creation Perppu

Reading out the Decree No. 6/PUU-XIX/2023, petitioned by the Confederation of All Indonesian Labor Unions (KSBSI), Chief Justice Anwar Usman said that the Court had held hearings on the case, but on April 3, the Petitioner withdrew the formal judicial review petition of the Job Creation Perppu. The Petitioner conveyed the request in person at a hearing on April 6.

“Based on Article 35 paragraphs (1) and (2) of the Constitutional Court Law, a justice deliberation meeting on April 6, 2023 decided that the withdrawal request for petition No. 6/PUU-XIX/2023 was legally reasonable and the Petitioner cannot re-file the petition. Based on that legal consideration, the Court declares to grant the Petitioner’s petition withdrawal request,” the chief justice said.

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Author       : Sri Pujianti
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

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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