Vulnerable Employment Creation Law Sued To The Constitutional Court

JAKARTA - Professor of the UGM Faculty of Law, Eddy Omar Sharif Hiariej, considers the Omnibus Law on Job Creation to be vulnerable to being sued by the Constitutional Court (MK) due to various objections from the community.

"We have already conveyed our criticisms with a point of view some time ago. From a legal review, the Job Creation Law is very vulnerable to be subject to review at the Constitutional Court," said Eddy in a virtual discussion, Wednesday, August 7.

Eddy considered, sanctions such as penalties for violating the provisions of the Job Creation Law may not be effective. According to him, there is a mismatch in the normalization between chapter titles and article content.

In the Job Creation Law, there is a written chapter title regarding administrative sanctions rules, but the contents of the article contain criminal sanctions.

"So, the title is administrative sanctions while under it is criminal sanctions. That means, this content does not match the title of the chapter. So, he violates the principles of rubrika est lex," said Eddy.

Second, there are many sanctions taken from the existing law, but between one article and another, or one paragraph to another, a different criminal stencil is used.

"The use of a different sentencing stencil has a serious impact on law enforcement. If a violation occurs, it is very, very likely that there will be a criminal penalty in the judge's decision because of the difference in the sentencing stencil," he explained.

Third, coordination responsibility. There is an unclear concept in the Job Creation Bill, whether corporate responsibility falls into an administrative, civil, or criminal context.

Most of the sanctions imposed on corporations, said Eddy, are actually more in the administrative context and also in the civil context. However, there are also imprisonment sanctions imposed on corporations.

"If he uses the identification theory, it is very possible that imprisonment will be imposed on the management. But if he uses the concept of aggregation, corporate criminal liability in the context of aggregation, it is impossible for the collaboration to be subject to imprisonment," he explained.