Employment Creation Perppu Is Considered Only To Change The Skin, Labor Unions Call Power Increasingly Bad

Illustrations of workers (Irfan Meidianto/VOI)

JAKARTA - General Chairperson of the Congress of the Alliance of Indonesian Trade Unions (KASBI), Nining Elitos, assessed that the issuance of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation by President Joko Widodo was only 'changed' from the Job Creation Law which was declared conditionally unconstitutional by the Constitutional Court (MK). According to him, the issuance of the Job Creation Perppu is only a trick by the government because the substance is approximately the same as the Omnibus Lawa on Job Creation. "The job creation Perppu is just changing the skin. It's a trick to avoid the Omnibus Law on the Job Creation Law from being unconstitutional. Not to mention if we talk substantially, it's not much different from the Omnibus Law on the Job Creation Law," said Nining in Jakarta, Wednesday, January 4. Nining considers that the Job Creation Perppu is an effort by the Government to avoid the Constitutional Court's decision. Because the government should issue a Perppu for the revocation of the Job Creation Law, it is not a Perppu for determining the formal defected Job Creation Law. "The conditional unconstitutional must be improved because it does not meet the requirements for making laws and regulations in public participation, so that a Perppu is finally made. Now what the people demand is a Perppu to revoke the job copyright law, not a Perppu to determine the Job Creation Law. But what is made by the president is the determination of job creation," explained Nining. Nining then said that today's power was getting worse, because the government had actually disobedienced the Constitutional Court's decision. "This shows that power is currently getting worse. Where disobedience to the constitution is carried out against the Constitutional Court's decision by the ruling, which undermines the law of power today," said Nining. Previously, Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said the government had made improvements to the Job Creation Law which was declared conditionally unconstitutional by the Constitutional Court by carrying out stages of the process of drafting and issuing Perppu Number 2 of 2022. "Look, the Constitutional Court's decision says the Job Creation Act is declared conditionally unconstitutional. What are the requirements? It doesn't apply for two years. But for two years it was fixed," Mahfud said, Tuesday, January 3. Mahfud said the improvement was based on procedural law in which there must be a connection that the omnibus law was included in Indonesian law. Therefore, the government then improved the law on the formation of laws and regulations first. "Where, it is stated there that the omnibus law is part of the process of forming a law. After that it is resolved, the law on the formation of laws and regulations has been changed to become laws and tested into the Constitutional Court is legal, then the Perppu is made based on that," said Mahfud. Mahfud emphasized that the Constitutional Court had never canceled the contents of the Job Creation Law, so the government improved it by compiling a Perppu. "The material has never been canceled by the Constitutional Court. Let me ask, has the material of the copyrighter law been canceled? No. That's the procedure, the procedure must be repeated that there must be a provision that the omnibus law is part of the registration process. We have fixed it," he explained. Mahfud also claimed that the issuance of a Perppu was of the same degree as an improvement through the law. "So the law is law/perppu, right, if it's in our jurisdiction. Well, if the contents that we want to question, go ahead, but when the procedure is complete," said Mahfud.