JAKARTA - The Democrat Party criticized President Joko Widodo's move to issue Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation in lieu of the Job Creation Act. This is because the Job Creation Law has been declared formally flawed by the Constitutional Court.
"By the Constitutional Court, the Ciptaker Law has been declared formally flawed. It should be corrected, not even cut off by issuing a Perppu because it feels that it has the right and power to do so," said Deputy Secretary General of the Democratic Party, Jansen Sitindaon, Saturday, December 31.
Furthermore, Jansen explained, the consideration of the Constitutional Court's Decision on page 412 number 3.19, has explicitly stated the Formil Defect Work Creation Law. Where the formation process does not meet the provisions based on the 1945 Constitution.
On pages 413 to 414 points 3.20.1; 3.20.2, 3.20.3, 3.20.4, and Amar Decisions from pages 416 to 417 points 3 and 5: the Constitutional Court reiterated that the Ciptaker Law was conditionally unconstitutional.
"For this reason, the Constitutional Court gives the legislators 2 years to fix it. If this is not done, the Ciptaker Law will be permanently unconstitutional and the old rules that have been revoked apply again so that there is no legal vacuum," explained Jansen.
Jansen said that the Constitutional Court's decision No. 91/PUU-XVIII/2022 regarding the Ciptaker Law was issued on November 3, 2021. Where the correction period was due until November 2023.
If you have a 'good intention', said Jansen, the government should bring this law back to the DPR for discussion and improvement. Because the repair time is also so long.
"It's not even suddenly issued a Perppu today," said Jansen.
In addition, Jansen added, in the Amar Decision of the Constitutional Court, the number 7 page 417 has been expressly stated: in order to suspend all strategic actions or policies that are strategic and have a broad impact. This means, he said, the solution should not be for the president to issue a Perppu.
"However, it was discussed and repaired 'by involving community participation more optimally and meaningfully' as the words in the Constitutional Court's decision itself," he said.
According to Jansen, the government's action by issuing a Perppu has actually 'arranged' and is not in accordance with the Constitutional Court's decision which should be obeyed.
"If the government itself does not comply with the legal decision, how are the people being asked to comply? This is not a good example in the state," he said.
Therefore, Jansen suggested that during the next session, the DPR should reject this Perppu and comply with the Constitutional Court's decision to be corrected.
"We are a Democratic Party, as a party that from the beginning in the DPR rejected the Ciptaker/Omnibus Law, rejecting the Perppu issued by the president," concluded Jansen.
It is known that President Jokowi has issued Perppu Number 2 of 2022 concerning Job Creation on Friday, December 30, yesterday. The reason for issuing the Perppu is to provide legal certainty in the midst of global economic conditions that must be faced more carefully.
"We know, we seem normal, but we are peeked at by threats of global uncertainty," said Jokowi.
If there is no legal certainty regarding the Job Creation Law, according to Jokowi, then it could disrupt the investment climate. Where currently many countries are asking for assistance from the IMF.
"I have repeatedly said how many countries are the patients of the IMF (International Monetary Fund), 14 (states), 28 are queuing at the front door of the IMF to also be patients," said Jokowi.
Jokowi assessed that the world is currently not doing well because it is still filled with various uncertainties. Therefore, the government is trying to anticipate this through the Job Creation Perppu to provide legal certainty to domestic and foreign investors.
"This is actually not doing well in the world. The threats of uncertainty risk are what cause us to issue a Perppu," Jokowi explained.
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