Jakarta, CNN Indonesia —
Andalas University Constitutional Law expert Feri Amsari asked President Joko Widodo (Jokowi) better understand the meaning of the decision Constitutional Court (MK) related to the formal lawsuit of Law Number 11 of 2020 Create Work.
Feri said that in its decision, the Constitutional Court declared that the Job Creation Act was conditionally unconstitutional. According to him, conditionally unconstitutional means that the law is declared constitutional after being revised within two years.
“The president must understand the purpose of a conditionally unconstitutional decision. The purpose of a conditionally unconstitutional is that the law is declared unconstitutional until it is amended for a maximum of two years,” said Feri when contacted CNNIndonesia.com, Monday (29/11).
Although in point 4 the Constitutional Court’s decision states that the Job Creation Law is valid, said Feri, it does not mean that it can be applied. The reason is, in point 7 of the decision, the Constitutional Court prohibits the government from making policies and issuing new technical regulations and freezing existing ones.
Thus, Feri stated that the Job Creation Law could not be used at all until the government and the DPR corrected it within two years as stated in the Constitutional Court’s decision.
“So the two years are to improve, not to implement. The problem is that the Job Creation Law cannot be corrected because the multi-cluster omnibus law model or theme is not known in Law 12 of 2011 concerning the Establishment of Legislation,” he said.
“Meanwhile, the Constitutional Court’s decision ordered the revision of Law 11 of 2020 concerning Job Creation. In other words, the omnibus law on job creation has ended,” said Feri.
Feri also criticized Jokowi’s statement regarding the Constitutional Court’s decision on the formal review of the Job Creation Law. According to him, the statement from the former mayor of Solo was not in accordance with the Constitutional Court’s decision.
In addition, he assessed that many parties, especially the government, interpreted the Constitutional Court’s decision according to their respective wishes. In fact, the Constitutional Court’s decision regarding the Job Creation Law has determined that the regulation cannot be implemented.
“The president’s statement is not in accordance with the contents of the Constitutional Court’s decision. Of course there are no articles that have been canceled, because in the formal review one package of laws was canceled, not article by article,” he said.
Previously, President Jokowi stated that there was not a single article in Law Number 11 of 2020 concerning Job Creation which was canceled by the Constitutional Court. According to Jokowi, the Job Creation Law and all of its derivative regulations are still in effect.
Jokowi said the Constitutional Court had given the government and DPR two years to revise the regulation.
“With the Constitutional Court stating that the Employment Creation Law is still in effect, then all the material and substance in the Job Creation Law and the full rules remain in effect without any article being canceled or declared invalid by the Constitutional Court,” said Jokowi at the Merdeka Palace, Jakarta, Monday (22/5). 29/11).
Editor’s note: This article underwent an edit on Tuesday (30/11) at 11:14 WIB to correct a citation error.
(dmi / fra)