2 Years Is A Short Time To Revise The Job Creation Law Which Was Ruled Unconstitutional By The Constitutional Court

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JAKARTA - The Constitutional Court (MK) has ruled that Law Number 11 of 2020 concerning Job Creation is conditionally unconstitutional. The government and the DPR must immediately sit down together to make improvements.

The chairman of the DPR's National Mandate Party (PAN) faction, Saleh Partaonan Daulay, said the government and members of the council must immediately initiate improvements to the law. Moreover, all decisions made by the Constitutional Court must be obeyed because they are final and binding.

"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 in his written statement, Friday, November 26.

For information, the panel of judges stated that the legislators must make improvements within two years. If this is not done, the Job Creation Law will become permanently unconstitutional. Not only that, all policies of a strategic nature and the issuance of regulations relating to these laws should not be carried out.

Back to Saleh. He considered this decision to have a positive side. One of them is about the independence of the Constitutional Court.

The member of Commission IX of the DPR RI even said that his function as a guardian of the constitution was felt by the decision. Not only that, this decision is considered to be a lesson for the government and the DPR RI.

Moreover, the Employment Creation Act which was formed in the omnibus law format is a new thing in the country. So, it is natural that the Constitutional Court then gives corrections.

"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 of 2011, be careful in wording and typing, and other records," said Saleh.

The government is ready to make improvements

In connection with this decision, the government through the Minister of Law and Security (Menkumham) Yasonna Laoly said that the revision of the Job Creation Law would soon be drafted. Not only that, he ensured that there would be no new rules derived from the legislation.

"The government respects and obeys the Constitutional Court's decision and will of course implement Law Number 11 of 2020 concerning Job Creation as well as possible. Including not issuing new strategic rules until improvements are made," he said quoted from the @yasonna.laoly Instagram account.

Even so, he said this law still applies in accordance with the Constitutional Court's decision. "It will remain constitutionally valid until an amendment is made no later than two years after the verdict is read," said the PDI-P politician.

As previously reported, the Constitutional Court declared 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 it was the making of a new law or a revision.

In addition, this law is considered not to hold the principle of openness to the public even though it has held several meetings with several parties in the process of its formation.

The reason is that 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.