Constitutional Court Verdict on Job Creation Confusing, Says Expert

26 November 2021 12:31 WIB

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



MK Verdict: Cannabis Still Illegal but Supports Medical Use Research

21 Juli 2022

MK Verdict: Cannabis Still Illegal but Supports Medical Use Research

The law will still consider cannabis for medical use as a Class 1 narcotics criminal offense following the class action lawsuit.


Constitutional Court Urges Govt to Conduct Study on Medical Marijuana

20 Juli 2022

Constitutional Court Urges Govt to Conduct Study on Medical Marijuana

The Constitutional Court urged the government to immediately conduct scientific studies on the medical use of type-1 narcotics, such as marijuana.


Indonesian Constitutional Court Reject Medical Cannabis Appeal

20 Juli 2022

Indonesian Constitutional Court Reject Medical Cannabis Appeal

Constitutional Court (MK) decided that cannabis or marijuana in Indonesia will continue to be banned and will still exist as a class 1 narcotic.


Govt Won't Cut Penal Code Law's Articles on Insults to President, Says Law Deputy Minister

29 Juni 2022

Govt Won't Cut Penal Code Law's Articles on Insults to President, Says Law Deputy Minister

Law Deputy Minister said the government would not drop down the article regarding insults to the president in the draft bill of the penal code law.


Labor Party Files Judicial Review of Legislation Formation Law

27 Juni 2022

Labor Party Files Judicial Review of Legislation Formation Law

The Labor Party is set to file a judicial review of the Law on the legislation formation (UU PPP) on Monday, June 27, 2022, at 14:00 Jakarta time.


Jokowi Passes Law Overseeing the Omnibus Method

20 Juni 2022

Jokowi Passes Law Overseeing the Omnibus Method

The President has officially ratified Law No.13/2022 on legislation formation (UU PPP), which regulates the omnibus law legislation method.


Labor Party to Stage Simultaneous Rally Today Rejecting Job Creation Law

15 Juni 2022

Labor Party to Stage Simultaneous Rally Today Rejecting Job Creation Law

Labor Party President Said Iqbal confirmed that they will hold simultaneous demonstrations across regions of Indonesia today, June 15, 2022.


MK to Review Marriage Law Over Request About Interfaith Marriage

6 Juni 2022

MK to Review Marriage Law Over Request About Interfaith Marriage

The Constitutional Court (MK) will hold plenary sessions for the judicial review application against the interfaith aspect of Marriage Law (UU).


Setara Institute Deems DPR Justifying Any Means for Job Creation Law

25 Mei 2022

Setara Institute Deems DPR Justifying Any Means for Job Creation Law

Setara Institute criticizes the DPR for ratifying the Revised Law No. 12 of 2011 concerning the drafting of laws and regulations for Job Creation Law.


Labor Party Claims 50,000 Workers to Attend May Day Rally Tomorrow

13 Mei 2022

Labor Party Claims 50,000 Workers to Attend May Day Rally Tomorrow

The Labor Party announced that more than 50,000 workers will take part in the commemoration of International May Day which will be held on Saturday.