Responding To The Constitutional Court's Decision, Yassona Is Ready To Fix The Job Creation Law

JAKARTA – The Job Creation Law or Law No. 11 of 2020 has been completed in a formal trial hearing held by the Constitutional Court in Jakarta on, Thursday, November 25, 2021. In its decision, the Constitutional Court ordered lawmakers, the government, and the House of Representatives, to revise the Omnibus Law within the next 2 years.

Responding to the Constitutional Court's decision, the Minister of Law and Security, Yassona Laoly, stated that the government would immediately prepare an amendment to the law in the next 2 years. In a post on his Instagram account, @yasonna.laoly the Menkum HAM mentioned several things.

"Today I took part in a virtual trial of the decision on the formal test of the Job Creation Act Number 11 of 2020, together with the Coordinating Minister for the Economy, Airlangga Hartarto", he wrote.

"The government respects and obeys the Constitutional Court's decision and will, of course, implement Law No. 11 of 2020 concerning Job Creation as well as possible." he continued in the article.

He also stated that the government would comply with the decision by not issuing a new rule derived from this Job Creation Law.

"This includes not issuing new regulations that are strategic in nature until improvements are made", Yasonna continued.

He also stated firmly that the Constitutional Court's decision meant that the government was still using the law in its implementation until it was revised within the next two years.

"According to the Constitutional Court's decision, the Job Creation Act remains constitutionally valid until it is amended no later than two years after the decision is read out", he explained.

The government, continued Yasona, will comply with the Constitutional Court's decision, and will not issue new strategic rules until improvements are made.

Even though it was declared conditionally unconstitutional, Yasonna said the Job Creation Law would still apply if it was revised within 2 years. In its decision, the Constitutional Court stated that the old job creation law could be re-applied if not corrected.

This was stated by the Chief Justice of the Constitutional Court, Anwar Usman when reading his decision "In the Principal Application" part three.

"Declare that the establishment of 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) is contrary to the Constitution of the Republic of Indonesia of 1945 and does not have conditionally binding legal force as long as does not mean "No repairs have been made within 2 (two) years since this decision was pronounced". That is the content of the decision of the Constitutional Court which was read out by Anwar Usman.

Furthermore, in the Principal Part of the Application, the fourth part of the decision states:

"Declare that 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) remains in effect until corrections are made to the establishment by the grace period as determined in this decision".

Then in the principal petition, the fifth part of the decision states:

"Orders legislators to make improvements within a maximum period of 2 (two) years since this decision is pronounced and if no corrections are made then 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), becomes permanently unconstitutional.

From this decision, the Constitutional Court clearly stated that permanently unconstitutional conditions would occur if the Job Creation Law was not amended within the next two years.