Formation of Job Creation Law Questioned Again
Image

Imelda, one of the Petitioner’s legal counsels reading out the subject matter at the panel preliminary hearing of the formal judicial review of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law, Tuesday (5/16/2023). Photo by MKRI/Ifa.


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 Tuesday, May 16, 2023. This time, the petition was filed by fourteen legal entities: the Union of Indonesian Farmers (SPI), Bina Desa Sadajiwa Foundation, the Federation of Pertamina United Labor Unions (FSPPB), Palm Oil Farmers Union (SPKS), Sawit Watch, Indonesia Human Rights Committee for Social Justice (IHCS), Indonesia for Global Justice, Daun Bendera Nusantara Foundation, the People’s Coalition for Food Sovereignty (KRKP), the Indonesia Organic Alliance (AOI), the Consortium for Agrarian Reform (KPA), FIAN Indonesia, associations of centers for study and education on ecosoc rights, and the Confederation of Indonesian Workers Congress.

Imelda, one of the legal counsels of the Petitioners of case No. 46/PUU-XXI/2023, said that based on Article 9 paragraph (2) of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the Procedure for Judicial Review, the Job Creation Law was promulgated on March 31, 2023, so the deadline for the filing of judicial review petition on it is May 14, 2023.

“The a quo formal judicial review petition was filed by the Petitioners on April 17, 2023, so it is still within the deadline as per Article 9 paragraph (2) of the Constitutional Court Regulation No. 2 of 2021 on the Procedure for Judicial Review,” Imelda said before Deputy Chief Justice Saldi Isra and Constitutional Justices Arief Hidayat and Suhartoyo.

House’s Approval

Another counsel, M. Wastu Pinandito, explained the background of the petition. The president, he said, stipulated the Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation on December 30, 2022 during the House’s (DPR) recess for 2022/2023, which lasted since December 16, 2022 to January 9, 2023.

Then the House resumed its sessions on January 10 until February 16, 2023. The perppu should have been ratified at a plenary session no later than February 16, but it was only approved and promulgated on March 21, 2023 during the March 14 to April 13 session.

“So, it has been proven that the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation did not have the House’s approval on the first session, no later than February 16, 2023,” said Wastu, who attended the hearing on site.

Justices’ Advice

Constitutional Justice Arief Hidayat advised the Petitioners to study the petition format and new regulations on which it is based on. The elaboration of legal standing in a formal petition is easier, but the Court highlighted the parties who have the right to represent Petitioners I-XIV following the organizations’ statute/bylaw.

“The correlation between Petitioners I–XIV and the Job Creation Law petitioned for review should also be explained. The arguments on the reason behind the review of a perppu and a law are different,” he said.

Meanwhile, Constitutional Justice Suhartoyo said that there was still an overlapping reason in the judicial review of the Job Creation Perppu in this petition. “If it remains, it can be an addition to the reason for the review of the Job Creation Law. Another thing to note is the administrators who represent the Petitioners’ organizations/legal entities, which currently is unclear. Please check whether they have corresponded to the statute/bylaw and have the right to represent [the organizations] in and out of court,” he added.

Meanwhile, Deputy Chief Justice Saldi Isra highlighted the elaboration on the Petitioners’ constitutional impairment, which was not clear in the petition, so it must be emphasized. In addition, the petition did not show the difference between the review of the Job Creation Perppu or Law. “Under urgent circumstances relating to the issuance of the perppu and this is what the Court referred to in its decision, which mentions the requirement of a compelling crisis situation, what has not been elaborated is who determines the president’s discretion or whether [the Petitioners] asked the Court to do so,” he said.

Before concluding the session, Deputy Chief Justice Saldi announced that the Petitioners had 14 workdays to revise the petition, which is then to be submitted to the Registrar’s Office by Monday, May 29, 2023 at 13:30 WIB. The agenda for the next hearing will be informed to the Petitioners at a later date.

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.


Tuesday, May 16, 2023 | 16:04 WIB 183