The Petitioner’s’ legal counsels at the formal judicial review hearing 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 (5/30/2023). Photo by MKRI/Ifa.

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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 30, 2023. The petition No. 46/PUU-XXI/2023 was filed by fourteen legal entities including the Union of Indonesian Farmers (SPI), Bina Desa Sadajiwa Foundation, and the Federation of Pertamina United Labor Unions (FSPPB). This second hearing, presided over by Constitutional Justices Arief Hidayat (chair), Suhartoyo, and Enny Nurbaningsih, had been scheduled to hear the revisions to the petition.

Legal counsel Linda Dewi Rahayu explained the revisions, including the affirmation of the Petitioners’ legal standing in the case.

“The reasons for the petition are focused on the formal review of Law No. 6 of 2023, as shown on pages 43 to 66,” she said alongside five other counsels at the plenary courtroom.

Also read: Formation of Job Creation Law Questioned Again

The petition was filed by 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.

At the preliminary hearing on Tuesday, May 16, through counsel M. Wastu Pinandito, the Petitioners explained the background of the petition. The president, Pinandito 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.

In the petitum, the Petitioners request that the Court declare Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law formally flawed, unconstitutional, and not legally binding.

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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