Labor Party Adds Evidence for Formal Petition of Job Creation Law

The Petitioner and legal counsels at the judicial review hearing of the stipulation of Perppu No. 2 of 2022 on Job Creation into law, Monday (6/5/2023). Photo by Humas MK/Panji.

JAKARTA (MKRI) — The Labor Party revised the formal judicial review petition 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 at a hearing in the Constitutional Court (MK) held a on Monday, June 5, 2023. The second hearing for case No. 50/PUU-XXI/2023 was presided over by Constitutional Justices Arief Hidayat (chair), Enny Nurbaningsih, and Daniel Yusmic P. Foekh.

Legal counsel Said Salahudin conveyed the revisions to the petition relating to the title and sub-titles following the advice of the panel of justice at the previous hearing. “Prof. Enny also advised that the title and sub-titles be made clearer so they would be easier to identify. We have done so, such as the background for the petition or posita, which was not clear on page 17 have been moved to the upper part of page 23,” he said.

He also explained the addition of another piece of evidence, Exhibit P-11. In addition, the Petitioner has also revised the petition to portray the connection between the petitions of the Job Creation Law filed by workers’ unions and that of the Petitioner.

Also read: Labor Party Asks Court to Annul Job Creation Law 

The petition was filed by the Labor Party, represented by president Said Iqbal and secretary-general Ferri Nuzarli. At the preliminary hearing on Tuesday, May 23, Iqbal said that from the beginning of the formation of and early discussions on the Job Creation perppu until the DPR’s (House of Representatives) discussions, the party believed that the Lawmaking Law was just a trick from the House to justify the perppu, which was later passed into the Job Creation Law. “In the process, it was proven that we were never invited even once and only based on the Lawmaking Law that had been passed earlier, they stated that the formation process of Law No. 6 of 2023, which stipulated Perppu No. 2 of 2022, was appropriate. Therefore, we workers, especially laborers and farmers, were very disadvantaged by the lawmaking mechanism because none of our ideas were accepted,” he argued.

Meanwhile, in the petition, the Petitioner argued that the stipulation of the Job Creation Law, which is not in line with the Constitutional Court Decision No. 91/PUU-XVIII/2020 and Article 1 paragraph (3) of the 1945 Constitution, which stresses that Indonesia is a rule of law. The president and House’s disregard of the Court’s decision was clearly in violation of the principle of a rule of law, which dictates that all state institutions, including the legislatures, comply with and abide by the law and the Constitution, including the final and binding decision of the Constitutional Court.

In the petitum, the Petitioner requested that the Court declare the formation of the Job Creation Law in violation of lawmaking provisions based on the 1945 Constitution and, thus, not legally binding. 

Author       : Utami Argawati
Editor        :
Nur R.
PR            : Fitri Y.
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.

Monday, June 05, 2023 | 15:50 WIB 230