The Constitutional Court's Decision On The Job Creation Law Is Considered To Have Caused Legal Uncertainty

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JAKARTA - The decision of the Constitutional Court (MK) stating that Law Number 11 of 2020 concerning Job Creation is conditionally unconstitutional is considered to be able to create legal uncertainty.

"It has been declared unconstitutional, but there is still room for improvement for 2 years. So if we look closely, the decision does not result in legal certainty," said Head of the South Jakarta Indonesian Advocates Association (Peradi) Legal Aid Center, Rika Irianti in response to the Constitutional Court's decision quoted Between, Friday, November 26.

As the Constitutional Court's decision was knocked down, it has raised the fact that the process of forming the Job Creation Law has violated the formal requirements in terms of the formation of a law itself.

The biggest impact, said Rika, was public unrest in responding to the decision.

Thus, it is very unfortunate that what should have been this law been formulated, which took a long time and cost a considerable amount of money, was finally declared unconstitutional by the Constitutional Court.

According to him, this is an important lesson for lawmakers to be able to prioritize obedience to principles in the formation of laws, especially in the context of improving the Job Creation Law for the next two years.

"The affirmation of an unconstitutional sentence for a legal product is the same as stating that the legal product is not a firm and clear legal product," Rika explained in her written statement.

Previously, the Panel of Judges of the Constitutional Court (MK) stated that Law Number 11 of 2020 concerning Job Creation was contrary to the 1945 Constitution of the Republic of Indonesia and had no conditionally binding legal force.

"Contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding conditional terms as long as it does not mean 'no repairs have been made within 2 years since this decision was pronounced'," said Chief Justice of the Constitutional Court Anwar Usman when reading the verdict, Thursday, November 25.

In reading the verdict, Anwar Usman also stated that the Job Creation Law was still in effect until the legislators, namely the government and the DPR, made improvements to the formation in accordance with the grace period as determined in the decision.

The Constitutional Court ordered the legislators to make improvements within a maximum period of 2 years since the decision was pronounced by the Constitutional Court, and if within that time frame the legislators did not make improvements, the Job Creation Act became permanently unconstitutional.

"If within a period of 2 years the legislators are unable to complete the repair (of the Job Creation Law, ed.), the law or articles or material content of the law that has been revoked or amended by the Job Creation Act must be declared valid again. ," said Anwar Usman.

Meanwhile, the government will immediately follow up on the results of the Constitutional Court's decision.

"The government will immediately follow up on the Constitutional Court's decision in question through the preparation of amendments to the law and carry out as well as possible other directions of the Constitutional Court, as referred to in the Constitutional Court's decision," said Coordinating Minister for Economic Affairs Airlangga Hartarto in a virtual press conference in Jakarta, Thursday. , November 25.

Airlangga, who was present with the Minister of Law and Human Rights Yasonna Laoly, said the government would also respect and comply with the Constitutional Court's decision and would implement the Job Creation Law in accordance with the decision.

He also ensured that the Job Creation Law was still constitutionally valid until there was an improvement in the formation in accordance with the two-year grace period since the Constitutional Court's decision was read out.

"The Constitutional Court's decision also states that the government should not issue new regulations that are strategic in nature until the revision of the formation of the Job Creation Law. Thus, the laws and regulations that have been enacted to implement the Job Creation Act remain in effect," he said.