KSBSI Affirms Background of Petition against Job Creation Law

The legal counsels of the Confederation of All Indonesian Labor Unions (KSBSI) conveying the petition revisions at the judicial review hearing of the Job Creation Law, Tuesday (5/23/2023). Photo by Humas MK/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) held another 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 23, 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 second hearing for case No. Nomor 41/PUU-XXI/2023 was presided over by Constitutional Justices Arief Hidayat, Suhartoyo, and Enny Nurbaningsih.

Legal counsel Supardi conveyed the revisions to the petition, which included that to the Petitioner’s profile and the deed of the organization, the deadline for the petition, and the reduction of the background of the petition from eight to five points.

“The House’s approval of the perppu has constitutional flaw, where the House’s session did not meet the quorum, and the law did not suit the content, [the law] did not meet the requirement of clarity and transparency,” said counsel Parulian Sianturi.

Also read: KSBSI Challenges Stipulation of Job Creation Law

At the preliminary hearing on Wednesday, May 10, the Petitioner asserted 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. Therefore, they requested that the Job Creation law be declared legally flawed and unconstitutional.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
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.

Tuesday, May 23, 2023 | 14:31 WIB 174