Legal Expert: The Job Creation Law Is Formed From The Worst Post-Reform Legislation Process

The atmosphere of the plenary meeting for the ratification of the Omnibus Law on Job Creation (Wardhany Tsa Tsia / VOI)

JAKARTA - Constitutional law expert, Bivitri Susanti, said that the process of drafting the Work Creation Omnibus Law Bill until it was passed into law was the worst legislative process on his record. This is because this process contradicts the procedures and constitutional principles.

One indication that the formation of this Act is the worst legislative process is due to changes in the draft manuscripts to seemingly rushed discussions.

"If the question is whether changing the text, there is no information, and so on, it violates the constitutional law procedurally, yes. It violates the principle, yes too. So this is a very bad practice in our records. In fact this is the worst in the legislative process so far, especially after reforms, "Bivitri said in an online discussion agenda, Saturday, October 17.

He then explained, in terms of discussion, the Job Creation Law actually violated the rules in Law Number 12 of 2011 concerning the formation of laws and regulations that were amended by Law Number 15 of 2019 and the rules of the DPR RI. Because, the approval at the first level or at the DPR RI Baleg level took place at midnight.

"The level I approval happened in the Job Creation Bill on Saturday, October 3, after 10 pm This is not natural," he said.

The absence of a complete and final script also highlighted Bivitri. He said, usually, as regulated in the law before it is passed at level I, the bill that will be finalized must have a final draft.

"Usually at level I there is a complete script. Well, we know this is too hasty," he said.

Furthermore, Bivitri also touched on the problem of the plenary meeting which was originally held on October 8, which had progressed from three days to October 5 without a clear notification. "This also violates procedures. So speeding up the 3rd, of course, is not ready," he said.

Then regarding the number of draft pages that fluctuated from 905 pages, 1052 pages, 1035 pages, and finally the 812 pages which were also submitted to President Joko Widodo were also in the spotlight. Bivitri said the DPR RI's claim regarding the page change occurred because of an invalid change in paper format and size.

"The claim is only from the paper from A4 to folio. Wrong. We have used software, it's easy nowadays. We have used software, there are differences. Each has differences in substance and is also different. Now this clearly violates procedures," he explained.

"This is a text, yes, and in a procedural way, please, don't just talk about the text of the laws and regulations but in principle violate the morality of democracy. Knocking the hammer is not just a ceremony, yes. Democracy in a democratic country, that's all mutual agreement in the form of article 20 of the 1945 Constitution paragraph 2 that each law is a joint agreement between the president represented by his ministers and members of the DPR. So, there is a big meaning in our democracy, "he concluded.