Lupa Kata Sandi? Klik di Sini

atau Masuk melalui

Belum Memiliki Akun Daftar di Sini


atau Daftar melalui

Sudah Memiliki Akun Masuk di Sini

Konfirmasi Email

Kami telah mengirimkan link aktivasi melalui email ke rudihamdani@gmail.com.

Klik link aktivasi dan dapatkan akses membaca 2 artikel gratis non Laput di koran dan Majalah Tempo

Jika Anda tidak menerima email,
Kirimkan Lagi Sekarang

After the Passing of Omnibus Law

Translator

Non Koresponden

Editor

Laila Afifa

22 October 2020 22:28 WIB

By: Julio Achmadi | Member of the Partnership for Governance Reform

The Draft of Job Creation Bill (RUU Cipta Kerja) has been passed in the plenary meeting of the House of Representatives (DPR) on October 5. Despite reaping a lot of criticism and rejection from various groups, DPR and the government insisted on completing the discussion of the law which is hoped to attract foreign investors. Now, the Constitutional Court (MK) is expected to uphold justice for the people, especially those who are affected by the enforcement of this law.

The law which was created using the omnibus method can be challenged in MK through judicial review in the form of formal and material review. A formal review is conducted to make sure whether there is a legal flaw in the legalization process. MK has issued a decision giving a time limit of 45 days from the date a law is passed and published in the State Gazette as a deadline for conducting a formal review.

The contents of the formal review can be very diverse. It could be about the incompatibility of the form and format of the Job Creation Law, the absence of a legal basis for the omnibus law method, the non-involvement of the community in the deliberation process, hasty ratification in a health emergency situation, and non-conformity with DPR regulations.

A material review is carried out to further investigate articles that are suspected of being unconstitutional, such as the opinion that the law does not have human rights, an anti-environmental perspective, and deprives people's living space. Unlike the formal review, the material review has no deadline. The judicial review applicants can muster a lot of support from the affected groups, academics, and experts in various fields to present substantive arguments in the material review process. The material review process of the Job Creation Law would be very draining and time-consuming. Thus, the applicant should start preparing ammunition as soon as possible by consolidating with all elements of civil society that are potentially affected.

However, Jorawati Simarmata (2017) found the fact that, during 2003-2015, MK had conducted a judicial review of 400 laws with a total of 212 granted decisions. But MK did not grant any formal review. He concluded that formal review was difficult to grant because MK prioritized material review and the principle of benefit. Previous experiences become the best lessons for the future. Therefore, this should be the applicant's note in submitting a judicial review of the Job Creation Law to MK.

I believe the option to conduct a judicial review on the Job Creation Law will be tinged with conflicts of interest and allegations of the non-independence of MK after the revision of the Constitutional Court Law last September. However, there are not many other remedies that are currently provided in the Indonesian legal system.

Apart from legal efforts, people who reject the Job Creation Law can take political resistance, for example by not electing those who sit in the DPR at this time in the next general election. Demonstrations become a rather tough choice in a pandemic situation, but people are still doing it to show their genuine concern about this law. They are willing to fight with Covid-19 to voice their opinions which were not heard by the DPR and government. The impact of the passing of the Job Creation Law could also spread to local elections this year, especially with the option not to vote (golput).

The government has justified every means to expedite the process of passing the draft Job Creation Law. The DPR and the government played cat and mouse and took advantage of the minimum amount of direct pressure during the pandemic. The use of repressive and intimidating methods was also enforced to suppress resistance. The security approach taken by the police previous week before the passing of this law has undermined democracy and violated people's rights to express opinions and voice their aspirations.

The public anger and disappointment of the passing of the Job Creation Law have now rolled to MK as people's last bastion of resistance. MK is expected to enforce justice over the government and people's representatives who have done wrong.

*)

DISCLAIMER

Articles published in the “Your Views & Stories” section of en.tempo.co website are personal opinions written by third parties, and cannot be related or attributed to en.tempo.co’s official stance.



House Officially Approves Jakarta Special Status Bill

15 jam lalu

House Officially Approves Jakarta Special Status Bill

The House of Representatives (DPR) officially ratified the bill on the special status of Jakarta (RUU DKJ) today, March 28.


Palace Asserts Jokowi Is Not a Party Involved in Election Dispute Case at Top Court

15 jam lalu

Palace Asserts Jokowi Is Not a Party Involved in Election Dispute Case at Top Court

The Presidential Palace stressed that Jokowi's government is not a party involved in the ongoing election dispute at the Constitutional Court.


House to Pass Jakarta Special Region Bill Today

19 jam lalu

House to Pass Jakarta Special Region Bill Today

The House of Representatives (DPR) was set to hold a meeting today to deliberate on the passage of two bills, including on the Jakarta Special Region.


Election Dispute Hearing: Mahfud Md Argues Other Countries Cancel Fraudulent Election Results

1 hari lalu

Election Dispute Hearing: Mahfud Md Argues Other Countries Cancel Fraudulent Election Results

Mahfud Md attended the election dispute hearing at the Constitutional Court or MK on Wednesday, March 27, 2024.


Ganjar Pranowo, Mahfud MD Attend Election Dispute Hearing at MK, Pleads on Democracy

1 hari lalu

Ganjar Pranowo, Mahfud MD Attend Election Dispute Hearing at MK, Pleads on Democracy

Ganjar Pranowo and Mahfud MD are present to attend the preliminary examination of the election dispute at the Constitutional Court (MK).


Court to Combine Trials of Election Dispute Hearings of Anies, Ganjar

1 hari lalu

Court to Combine Trials of Election Dispute Hearings of Anies, Ganjar

The Constitutional Court (MK) decided to consolidate the hearings of the election dispute cases lodged by Anies Baswedan and Ganjar Pranowo.


Anies Baswedan Says Election Dispute Case Not Just A Sensation

1 hari lalu

Anies Baswedan Says Election Dispute Case Not Just A Sensation

Presidential candidate pair number 01, Anies Baswedan and Muhaimin Iskandar, arrived at the Constitutional Court (MK) in Jakarta on Wednesday.


First Constitutional Court Hearing for Election Dispute Kickstarts on Wednesday

2 hari lalu

First Constitutional Court Hearing for Election Dispute Kickstarts on Wednesday

The Constitutional Court will hear two cases on presidential election disputes.


Mahfud Md Says It's Not Yet Time to Congratulate Prabowo-Gibran

2 hari lalu

Mahfud Md Says It's Not Yet Time to Congratulate Prabowo-Gibran

Mahfud Md stressed that it was not yet time to congratulate Prabowo Subianto and Gibran Rakabuming Raka as the winners of the election.


Election Dispute: Anies-Muhaimin Team Readies Evidence on Politicization of Social Assistance

3 hari lalu

Election Dispute: Anies-Muhaimin Team Readies Evidence on Politicization of Social Assistance

Last week, the Anies-Muhaimin Legal Team officially registered an election dispute application at the Constitutional Court.