PKS: The Job Creation Law Should Be Unconditional

JAKARTA - The Head of Economics and Finance of the PKS DPP Anis Byarwati responded to the decision of the Constitutional Court (MK) that Law Number 11 of 2020 or the Job Creation Law was contrary to the 1945 Constitution which was declared conditionally unconstitutional and must be corrected within the next 2 years.

"Appreciation for the Constitutional Court's decision which is in line with the struggle of PKS with the community, who from the beginning firmly rejected the Omnibuslaw Bill on Job Creation which was passed into this law," in his statement, Jakarta, Sunday, November 28.

The Constitutional Court's decision also shows how rash and hasty the Government was in discussing and approving the Law, thus ignoring the drafting procedures that have been used in every drafting of the Law. Moreover, the Job Creation Law itself is an Omnibus Law which cancels a number of articles in many related laws. From the beginning, PKS had warned of the problems that would arise if this law was passed.

In addition, this member of the Indonesian House of Representatives Commission XI assessed that the irony of the Constitutional Court's decision regarding the conditional unconstitutionality of the Job Creation Law was not without reason, because the Job Creation Law and its derivative PPs had been applied to national strategic projects.

"The irony is that because they are still given the opportunity to run for up to 2 years, during that time the negative impacts will continue to be felt by the community and the environment," he said.

Anis reminded again about the flaws in the substance of the Job Creation Law regarding the content of regulations that are unfair to the fate of Indonesian workers or laborers and are in favor of investors or capital owners.

"This is reflected in the changes in the articles relating to the worker-employer relationship, wages and severance pay which have been proven recently by a wave of demonstrations due to the rate of wage increase being below the increase in inflation, even though it is only one factor," he said.

The Deputy Chairperson of the BAKN DPR RI also reminded that there were procedural defects in the process of forming the Job Creation Law.

"The Constitutional Court also stated that, among others, low public participation such as the difficulty of accessing academic texts and changes in writing on the substance of the mutual agreement by the DPR and the president, and others," he added.

This legislator from the Prosperous Justice Party conveyed that public dissatisfaction with the government would only increase if they were not wise in making decisions regarding the Job Creation Law which had an impact on the national economy.

"If you want to take sides and be firm, then revoke the Job Creation Law with the Perppu, the effect will clearly be felt in this pandemic condition, especially if the strike action of the workers at the beginning of the month actually occurs," he said.