The Job Creation Law Has A Conditional Status, Issuance Of Perppu Number 2 Deemed Inappropriate

Labor demonstrations at the Horse Statue of Central Jakarta/ Photo: Rizky Sulistio/ VOI

JAKARTA - A legal expert from the Islamic University of Indonesia, Anang Zubaidy, highlighted the government's move to issue Government Regulation in Lieu of Law (Perppu) Number 2 concerning Job Creation dated December 30, 2022 or the Job Creation Perppu. He considered the government's decision to issue a Job Creation Perpu inappropriate. Because previously, the Constitutional Court (MK) stated that the Job Creation Act was conditionally unconstitutional.

"In my opinion, the issuance of this Perppu is irrelevant to solve the juridical problem that has been decided by the Constitutional Court," said Anang, Saturday, December 31.

According to Anang, the Perppu did not solve the formal issue in the Job Creation Law as decided by the Constitutional Court. The reason is, the Job Creation Law is considered problematic in terms of formation.

"Actually, yesterday's Constitutional Court's decision declared conditional unconstitutional in terms of formil, in terms of formation. In terms of formation, in my opinion, it cannot be resolved by perppu," he explained.

Anang said that the issuance of a Perppu is the authority of the government, which essentially is subjective action, in this case is the president. He said, the Perppu was issued when it was judged that there was an urgent condition.

"The question is, what is urgent from what point of view? The substance aspect. The Constitutional Court has never tested the substance aspect, only tested the formal aspect, the procedural one. According to the Constitutional Court, that one is problematic, so it needs to be improved," he explained.

Therefore, Anang said, the improvement that should be made by the government is to re-discuss the Job Creation Law together with the DPR based on the improvement records that have been put forward by the Constitutional Court.

"If this will be improved, the 2-year period given by the Constitutional Court is for the government together with the DPR to discuss aspects of the Constitutional Court's records," he explained.

Anang added that the issuance of the Perppu did not solve legal problems because the Job Creation Law was problematic, not in substance, but in the formal aspect. "Yes, it does not solve the problem. Because the problem is not substance," he concluded. It is known that the Government issued Perppu Number 2 concerning Job Creation or Employment Creation Perppu on Friday, December 30. Coordinating Minister for Economic Affairs Airlangga Hartarto, said that the issuance of the Perppu was in accordance with the Constitutional Court's decision regarding Law Number 11 of 2020 concerning Job Creation which was considered conditionally unconstitutional.

"The urgent need to anticipate global conditions related to the global economic crisis and recession, as well as the need for increased inflation, and the threat of stagnation," said Airlangga, Friday, December 30.

The chairman of Golkar said that the Constitutional Court's decision affected the activities of the business world at home and abroad. Therefore, the Job Creation Perppu is expected to be able to provide legal certainty, can fill legal loopholes, and implement the Constitutional Court's decision.