JAKARTA - Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD explained that the Constitutional Court's decision regarding the Job Creation Act which was considered confusing was a matter of the theory controversy, not the verdict controversy. This means that it is unconstitutional until it is corrected. It is known that the Constitutional Court gave time for the government and the DPR to revise the law with a deadline of 2 years. "Controversial in theory. But the verdict itself is not controversial at all. It states that the job creation law is conditionally unconstitutional, meaning it is valid for two years. If two years are not fixed, it is permanent, that's the verdict," said Mahfud in a statement via the Coordinating Ministry for Political, Legal and Security Affairs YouTube, Sunday, December 5.
Therefore, according to Mahfud, in the next two years the Copyright Act will still be in effect. However, the government was ordered to improve the procedure because the lawsuit over the contents of the law was not examined as a case until the repair was completed. Mahfud explained.
He said the government had decided not to issue any more strategic policies. Because the strategic policy is already in the law, the Constitutional Court asked for the procedure to be corrected. "The procedure is for or within two years, so if there are policies issued again, of course they cannot be strategic, but policies that are operational in nature, technical, administrative," said Mahfud. As is known, the polemic surrounding Law Number 11 of 2020 concerning Job Creation or better known as the Copyright Act has not yet ended. Since it was still being drafted, this policy has drawn strong protests from various groups, especially workers.
Only passed by the DPR last October 2020, the life of the Job Creation Law is now on the brink of being knocked over by the judges of the Constitutional Court (MK). The body guarding the constitution decided that the Omnibus Law, which was discussed at super speed, was conditionally unconstitutional.
"Declaring that the establishment of the Job Creation Law is contrary to the 1945 Constitution and has no conditional binding legal force as long as no corrections are made within two years of this decision being pronounced," said Chief Justice of the Constitutional Court Anwar Usman when reading out the 448-page decision in the trial for the formal trial of the Copyright Law. at the Constitutional Court Building, Thursday, December 25.
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