After Palu Knocked On Omnibus Law Was Considered Unconstitutional By The Constitutional Court, DPR Immediately Invited The Government To Sit Together

Illustration-(Photo: DOK ANTARA)

JAKARTA - Member of Commission IX of the House of Representatives Saleh Partaonan Daulay respects the decision of the Constitutional Court (MK) related to the conditionally unconstitutional Omnibus Law on Job Creation. According to him, the Court's decision is final and binding. Therefore, the government and the DPR must immediately initiate the revision of the law. Saleh said that all decisions that follow must be obeyed. This includes not making derivative rules and not making policies based on the law.

"The government and the DPR must make a decision. The best option is to immediately make improvements. The time available is very limited considering the scope and number of articles is very large," said Saleh, Friday, November 26.

The chairman of the PAN faction of the DPR RI saw the decision from a positive side. According to him, this decision clearly illustrates how independent the Constitutional Court is. "Although it is not declared contrary to the 1945 Constitution, but with a decision like this the function of the Constitutional Court as a guardian of the constitution is very pronounced," said Saleh.

On the other hand, the North Sumatran legislator considered this decision to be a lesson for the government and the DPR. Especially because the experience of making Omnibus Law is still very new in Indonesia. Therefore, according to Saleh, it is very natural for the Constitutional Court to provide corrections and improvements.

"In the future, if there is an agenda for discussing the Omnibus Law Bill or other bills, all notes accompanying the Constitutional Court's decision must be considered. For example, public involvement and participation must refer to Law 12/2011, be careful in wording and typing, and other records," said Saleh.

Saleh hopes that the Constitutional Court's decision will not lead to mutual accusations and blaming. "What is necessary is how the government and the DPR build a good synergy to improve it. Of course, with wide and open public involvement and participation," he said.

It is known, the Constitutional Court (MK) has decided that Law (UU) no. 11 of 2020 concerning Conditional Unconstitutional Job Creation. The verdict was read out during the trial for the formal review of the Job Creation Law at the Constitutional Court Building, Jakarta, Thursday, November 25.

The Constitutional Court stated that the Job Creation Act was unconstitutional because it was formally flawed because the discussion process did not comply with the rules and did not meet the element of openness.

The Court considered that the merging method or the omnibus law in the Job Creation Law was not clear whether the method was the making of a new law or a revision.

Then, the court considered that, in its formation, the Job Creation Law did not hold the principle of openness to the public even though it had held several meetings with several parties.

However, the meeting is considered not to have reached the stage of the substance of the law. Likewise, the draft Law on Job Creation is also considered by the Court to be not easily accessible to the public.