KSBSI Challenges Stipulation of Job Creation Law

JAKARTA (MKRI) — The Constitutional Court (MK) held a formal judicial review hearing of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation into Law on Wednesday, May 10, 2023. The petition was filed by the Confederation of All Indonesian Labor Unions (KSBSI), represented by Elly Rosita Silaban, the president of its national executive council, and Dedi Hardianti, its secretary-general. The hearing for case No. Nomor 41/PUU-XXI/2023 was presided over by a panel consisting of Constitutional Justices Arief Hidayat, Suhartoyo, and Enny Nurbaningsih.

Legal counsel Nikasi Ginting said at the hearing that the subject matters of the formal judicial review petition of the Job Creation Law, which originated from Perppu No. 2 of 2022, did not meet the provisions based on the 1945 Constitution for eight reasons. Among them are that the House of Representatives’ (DPR) approval of the stipulation of the perppu into law was formally or constitutionally flawed; that the House’s session to decide on its stipulation did not meet quorum; that it is against the Constitutional Court Decision No. 91/PUU-XVIII/2020; that it did not meet the requirements for a compelling crisis situation; that it was not clear who proposed the perppu; that it did not meet the requirements for harmony between type, hierarchy, and substance; and that it did not meet the principles of clarity and transparency.

“Perppu No. 2 of 2022 was stipulated on December 30, 2022 but it only received the House’s approval during the second session after it was stipulated. This means that the requirement of House approval during the first House session since January 10 to February 16 has been violated. As such, based on the provisions of Article 22 paragraph (2) of the 1945 Constitution and Article 52 paragraph (1) of Law No. 12 of 2011 and their elucidation, the House’s approval of [the stipulation of] Perppu No. 2 of 2022 into law has formal or constitutional defects,” Ginting said.

Justices’ Advice

Constitutional Justice Suhartoyo advised the Petitioner, who is represented by its president and secretary general, to include the organization’s statute/bylaw that explains who can truly represent the it in and outside of court. He also advised that the petition include the organization’s concentration on the Job Creation Law. “Look out for the elaboration of [constitutional] impairment and background to the formal review. Those are different, so they must not overlap although they form a unit, or at least the argument of the need for swift legal need in this petition be merely an addition since it could hinder the key reason of the formal review,” he said.

Meanwhile, Constitutional Justice Enny Nurbaningsih reminded the Petitioner of the deadline of the petition to explain the 45-day deadline in the formal review. She also asked the Petitioner to analyze issues of the formulation of Law No. 6 of 2023, not Perppu No. 2 of 2022, despite the former originating from the latter.

Next, Constitutional Justice Arief Hidayat advised the Petitioner to observe the Court’s authority and the laws it is based on, i.e. the 1945 Constitution, the Judicial Law, to the Lawmaking Law. He also asked them to provide evidence on the organization. “It should be noted that the formal judicial review of regular laws and laws originating from perppus are different,” he explained.

He also announced that the Petitioner had until May 23, 2023 at 11:00 WIB to revise the petition and submit it to the Registrar’s Office so that the next hearing can be scheduled.

Author       : Sri Pujianti
Editor        :
Nur R.
PR            : Muhammad Halim
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.

Wednesday, May 10, 2023 | 14:33 WIB 238