Complex And Complicated, Constitutional Court Postpones Material Examination Of Ciptaker Perppu

Chief Justice of the Constitution Anwar Usman (ANTARA)

JAKARTA - The Constitutional Court has determined to postpone material examinations related to testing the Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation (Perppu Ciptaker), and prioritizing its formal examination. "Declare to postpone the examination of case material Number 39/PUU-XXI/2023, Number 40/PUU-XXI/2023, and Number 49/PUUU-XXI/2023," said Constitutional Justice Chief Justice Anwar Usman when reading the Constitutional Court's provisions quoted by ANTARA, Wednesday 21 June.kara Number 40/PUU-XXI/2023 combines a formal and material test application against the Job Creation Perppu, although judges have given advice to the Petitioners to separate the petition. Furthermore, in the Hakim Consultative Meeting (RPH) dated 6 June 2023, the panel of judges decided to legalize the examination of case formal and material testing Number 40/PUUU-XXI/2023 which questioned the Ciptaker Perppu. The separation was based on the more complex and complicated substance of the Job Creation Perppu, as well as the deadline for examining the formal testing case which must be completed by the Constitutional Court for 60 days. Therefore, the Constitutional Court prioritizes the formal examination of the Perppu Ciptaker and delays its material examination. "Because the constitutionality assessment of the norm of the law is materially very dependent on whether or not a formal test application is proven," said Anwar Usman. In a material test, the test object is a material content of the law, such as articles. Meanwhile, formal tests are related to the process of law formation.

Therefore, if the Constitutional Court grants the formal test lawsuit, it will automatically cause the law to be null and void from the start. "If, for example, the formal test is granted, yes, it means that the material may not be continued again," said Anwar Usman.