Jokowi's Perppu on Job Creation Challenged in Constitutional Court
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5 January 2023 22:40 WIB
TEMPO.CO, Jakarta - A number of civil society groups today filed a judicial review of the regulation in lieu of law on job creation issued by President Joko "Jokowi" Widodo to the Constitutional Court (MK). The Perppu signed by the President on December 30 has drawn many pros and cons because the latter was considered to have insulted the Constitutional Court’s verdict that the law was conditionally unconstitutional.
“We consider this Perppu to be an insult to the constitution and a violation of the 1945 Constitution,” said the plaintiff's representative, Viktor Santoso Tandiasa, to Tempo on Thursday, January 5, 2022.
On November 25, 2021, the Constitutional Court declared that Job Creation Law No. 11 of 2020 was formally flawed. The court’s ruling No. 91/PUU-XVIII/2020 stated that it was conditionally unconstitutional and so the government was ordered to amend it within two years.
Instead of amending the law, Jokowi issued the substitute on the grounds of a compelling urgency to anticipate the threat of an economic crisis. Coordinating Minister for Political, Law, and Security Affairs Mahfud Md said the issuance of this Perppu was based on the Constitutional Court’s ruling No. 138/PUU7/2009.
Viktor, who was previously the coordinator of the legal counsel team in the lawsuit against Job Creation Law which resulted in the Constitutional Court’s ruling No. 91/PUU-XVIII/2020, opined that the remaining one year is enough for the government to draft a revision.
To Tempo, Viktor deemed the government’s actions as a form of violating the law. “It can even be said as a form of defiance of the constitution,” he said on December 31.
He acknowledged that challenging the Perppu at the Constitutional Court will be fruitless as it takes a long time. He was also worried that the object of the lawsuit, the Perppu, could be passed into law by the DPR before the judicial review was processed. As a result, the request will be rejected.
Viktor did not deny that the chance is small due to a belief that the DPR will definitely approve the Job Creation Perppu to ease their burden. “2023 is the political year, members of the DPR will definitely be busy in their electoral districts,” he concluded.
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