The Petitioners’ legal counsel explaining the revisions to the petition at the panel hearing of the judicial review of Law No. 6 of 2023 on Job Creation, Tuesday (6/13/2023). Photo by Humas MK/Ifa.

---

JAKARTA (MKRI) — The petition revision hearing of the formal judicial review 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 was held by the Constitutional Court (MK) on Tuesday, June 13, 2023. The case No.  54/PUU-XXI/2023 was filed by fifteen workers’ unions or federations. Legal counsel Alif Fachrul Rachmad conveyed the revisions to the petition before Constitutional Justices M. Guntur Hamzah (panel chair), Suhartoyo, and Daniel Yusmic P. Foekh.

Alif said the panel’s recommendations had been accommodated. “First, the signature of Prof. Denny Indrayana as recipient of power of attorney. Your Honors, it was discussed previously that Prof. Denny did not sign it in person because you said the essence of an agreement is two parties’ approval of the transfer of authority. After a discussion with the team, Prof. Denny is no longer the Petitioners’ legal counsel. The revised petition and list of evidence no longer mention him,” he explained.

He also said Justice Foekh’s recommendation on the comparison between regulations to stipulate perppu into law in various countries had been added.

“On pages 42-43, we laid out a comparison of two validity periods of perppu in other countries based on our finding. First, where it applies permanently, which Russia and Peru follow,” he implements.

Also read: Ratified During Recess, Job Creation Law Challenged Formally

At the preliminary hearing on Wednesday, May 31, the Petitioners stated that the formation of the Job Creation Law must have complied with Law No. 12 of 2011 on Lawmaking. They believe that the Job Creation Law is formally flawed because it—which was formerly the Job Creation Perppu—was ratified during a recess. The Petitioners found the legal fact that the perppu, which was the precursor to the Job Creation Law, was stipulated on December 30, 2022—during the recess period of the House of Representatives (DPR). This, they claim, is a real violation of Article 22 of the 1945 Constitution and Article 52 paragraph (1) of the Lawmaking Law.

In the petition, the Petitioners also explained that the excuse of fear of global economic crisis affecting Indonesia’s economy for the issuance of the Job Creation Perppu was groundless. They also emphasized that there was no legal vacuum since existing laws could still respond to legal issues arising from it. The regulation, they added, is also a form of contempt of the Constitutional Court and a bad precedent coming from the president, which set an example that the Constitutional Court’s decisions can be disobeyed. More dangerously, not implementing the Constitutional Court’s decisions constitutes a violation of the Constitution, as it is a constitutional organ whose existence and functions are regulated in the 1945 Constitution. Such a violation is one form of “treason against the state” that allows for an impeachment. Therefore, the Petitioners requested that the Court grant the petition.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
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.

---