Constitutional Court Verdict on Job Creation Confusing, Says Expert

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Laila Afifa

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  • Constitutional Law expert and Founder of the Center for Law and Policy Studies (PSHK) Bivitri Susanti while attending an audience regarding the TWK polemic at the Komnas HAM Office, Jakarta, Monday, June 14, 2021. TEMPO/M Taufan Rengganis

    Constitutional Law expert and Founder of the Center for Law and Policy Studies (PSHK) Bivitri Susanti while attending an audience regarding the TWK polemic at the Komnas HAM Office, Jakarta, Monday, June 14, 2021. TEMPO/M Taufan Rengganis

    TEMPO.CO, Jakarta - Constitutional law expert Bivitri Susanti on Thursday argues that the Constitutional Court (MK) took a compromise in its latest verdict on the Job Creation Law (UU Cipta Kerja). Susanti’s suspicion is based on the existence of 4 judges with contrasting opinions. 

    “This verdict is indeed a middle ground,” she said in a statement on November 25. 

    She believes the compromise only creates confusion as the MK deems that the formation and legislation of the Job Creation Law is unconstitutional, which makes her believe that any byproduct should also be considered unconstitutional, “and should be invalidated.”

    Susanti argues that the MK court actually differs between process and result as the process of the legislation is deemed unconstitutional but Law itself is still constitutional and still applies. 

    However, she said the MK verdict granting a formal claim is a historical first and that it would be impossible for the MK to reject the omnibus law formal test application again. On the other hand, the Constitutional Court made a political decision, which has resulted in the confusing verdict.

    The MK verdict means that the Job Creation Law still valid but the government is banned from issuing derivatives for the next two years. “But derivatives that already exist and have garnered wide criticism remain valid,” she added.

    M ROSSENO AJI