The judicial review hearing of Law No. 6 of 2023 on Job Creation for case No. 112/PUU-XXIII/2025 postponed, Wednesday (9/3/2025). Photo by MKRI/Hendy.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the fifth hearing for the material judicial review of Law No. 6 of 2023 on the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law on Wednesday, September 3, 2025. The case No. 112/PUU-XXIII/2025 was filed by the Indonesian Legal Aid Foundation (YLBHI), the Indonesian Forum for Living Environment (WALHI), and 19 others, consisting of foundations and advocate associations. Chief Justice Suhartoyo and the other constitutional justices was supposed to be hearing the House of Representatives (DPR) and the Petitioners’ expert. However, the House was indisposed and the Petitioners had sent a request to delay the hearing.

“The session was supposed to be on the testimonies of the House and the Petitioners’ expert, but the House cannot attend. In addition, the Petitioners sent a letter requesting to postpone the hearing because their expert is not ready yet,” said the chief justice before the litigating parties who attended the session online.

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At the hearing in the plenary courtroom, legal counsel Salsabilah Khoirunnisa asserted that the provisions in the Job Creation Law, particularly those concerning the facilitation and acceleration of National Strategic Projects (PSN), have undermined the fundamental principles of the rule of law as enshrined in Article 1 paragraph (3) of the 1945 Constitution.

The Petitioners argue that the provisions on the acceleration and facilitation of PSNs as set forth in Article 3 letter d of the Job Creation Law have triggered socio-economic conflicts that infringe upon citizens’ constitutional rights. They contend that the norm is vague, citing ambiguous phrases such as “adjustment of various regulations” and “facilitation and acceleration,” which lack clear operational limits. Such vagueness, they argue, opens the door to the hijacking of public policy for political interests and diminishes the space for meaningful public participation.

Additionally, they also challenge several other provisions within the Job Creation Law, such as Article 123 point 2, Article 124 point 1 paragraph (2), Article 173 paragraphs (2) and (4), and Article 31 paragraph (2). These provisions, they argue, have distorted the concepts of public interest and state control as mandated by Article 33 paragraphs (3) and (4) of the 1945 Constitution.

Accordingly, the Petitioners requested that the Constitutional Court declare several provisions of the Job Creation Law unconstitutional and not legally binding. They hope that through this petition, the Court will safeguard the accountability of state actors in fulfilling their constitutional obligation to protect the fundamental rights of citizens.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR              : Fauzan Febriyan
Translator    : Yuniar Widiastuti (NL)

Disclaimer: The original versions 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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