Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD revealed that the government issued Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation (Ciptaker) for urgent reasons.
"Therefore, the government considers that there is sufficient reason to state that the promulgation of Perppu Number 2 of 2022 is based on urgent reasons," said Mahfud MD in a press statement with Coordinating Minister for Economic Affairs Airlangga Hartarto and Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej at the Jakarta Presidential Office, quoted from Antara, Friday, December 30.
Today, December 30, 2022, President Jokowi signed Perppu Number 2 of 2022 concerning Job Creation replacing Law Number 11 of 2020 concerning Job Creation.
"For example, the impact of the Ukraine war which globally and nationally affects other countries including Indonesia will experience the threat of inflation, stagflation, multi-sector crisis, interest rates, geopolitical conditions, food crises so that the government must take strategic steps as soon as possible," added Mahfud.
According to Mahfud, the consideration of legal aspects and laws and regulations regarding the issuance of Perpu Number 2 of 2022 is due to urgent needs in accordance with the Constitutional Court's decision Number 138/PUU-VII/2009.
"At that time, as the head of the Constitutional Court, I signed the reason for the issuance of the Perppu, first, because there was an urgent need, so the need to force them to be able to solve legal problems quickly with the law, but the laws needed for that do not yet exist," said Mahfud.
In a state of urgency to force but there is no such regulation, Mahfud said that there was a legal vacuum.
"Or the existing (regulations) do not provide certainty, for example because they are given the same date again, there is no certainty, then the three legal vacancies cannot be discussed through normal procedures because the length of time has to go through stage 1 some time and then stage 2 and so on," Mahfud explained.
To take strategic steps, especially if you have to wait until the end of the deadline determined by the Constitutional Court Decision Number 91 of 2020, Mahfud said the government would be left behind to anticipate and save the situation.
As is known, based on the Constitutional Court Decision Number 91/PUU-XVII/2020 the Constitutional Court stated that the formation of Law Number 11 of 2020 concerning Job Creation was contrary to the 1945 Constitution and did not have conditionally binding (inconstitutional) legal force as long as it did not mean "no improvement has been made within 2 years since the verdict was pronounced".
"Therefore, strategic steps are needed and to meet the requirements for strategic steps, this Perppu must be issued first. That is why later today, December 30, 2022, the President has signed Perppu Number 2 of 2022 concerning Job Creation," said Mahfud.
Airlangga Hartarto said there were a number of things that were perfected in Perppu Number 2 of 2022.
"The main thing is related to manpower with a minimum wage of power transfer, then synchronization of funds harmonization with Law Number 7 and Law Number 1 concerning Harmonization of Tax Regulations, and on Central and Regional Financial Relations or HAKD," said Airlangga.
Furthermore, it is also regulated about the improvement of water resources for the public interest and the improvement of "typo" errors or article references, "legal drafting", and other non-substantial errors.
"The others have all been perfected according to discussions with related ministries and institutions, and have been communicated with academics," said Airlangga.
According to Airlangga, in Perppu Number 2 of 2022, transfer workers who were previously fully opened to all sectors are then regulated for a number of certain sectors only.
"The wages have followed what the labor unions asked for, so if previously there were elements of inflation and elements of economic growth, now the two elements are included plus elements of people's purchasing power in the district and so on," Airlangga added.
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