Tok! The Constitutional Court Declares The Work Creation Act Contrary To The 1945 Constitution
JAKARTA - The Panel of Judges of the Constitutional Court (MK) stated that Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution of the Republic of Indonesia and has no conditionally binding legal force.
"Contrary to the 1945 Constitution of the Republic of Indonesia and has no conditional binding legal force as long as it is not interpreted as 'no repairs have been made within 2 years since this decision was pronounced'," said Chief Justice of the Constitutional Court Anwar Usman when reading the ruling which was broadcast publicly. live on the YouTube channel of the Indonesian Constitutional Court, Antara, Thursday, November 25.
In reading the verdict, Anwar Usman also stated that the Job Creation Law was still in effect until the legislators, namely the government and the DPR, made improvements to the formation in accordance with the grace period as specified in the decision.
Furthermore, the Constitutional Court ordered the legislators to make improvements within a maximum period of 2 years after the decision was pronounced by the Constitutional Court.
And, if within that time limit the legislators do not make improvements, the Job Creation Act becomes permanently unconstitutional.
"If within a period of 2 years the legislators are unable to complete the repair (of the Job Creation Law, ed.), the law or articles or material content of the law that has been revoked or amended by the Job Creation Act must be declared valid again. ," said Anwar Usman.
In addition, the Constitutional Court also stated to suspend all strategic and broad-impact actions or policies, and it is also not justified to issue new implementing regulations related to Law Number 11 of 2020 concerning Job Creation (State Gazette of the Republic of Indonesia of 2020 Number 245). , Supplement to the State Gazette of the Republic of Indonesia Number 6573).