ACVCSCIASIA.ORG, JAKARTA – The Constitutional Court has again held a hearing for a formal test of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law (Job Creation Law) against the Law Foundation of the Republic of Indonesia in 1945.
This trial is the second session of the application submitted by the Confederation of Indonesian Trade Unions (KSBSI) represented by Elly Rosita Silaban President of the KSBSI National Executive Council and Dedi Hardianto Secretary General of the KSBSI National Executive Council which was held on Tuesday, 23 May 2023 in the trial of the Jakarta Constitutional Court.
Trial Case Number 41/PUU-XXI/2023 was chaired by Constitutional Justice Arief Hidayat together with Constitutional Justice Suhartoyo and Constitutional Justice Enny Nurbaningsih as Member Judges of the Panel Session.
Supardi, as the attorney for the Petitioners mentioned the parts that were enhanced from his party’s petition. These improvements, namely the improvement of the identity of the Petitioner accompanied by the deed of the KSBSI congress, a grace period, the reasons for the examination became the reasons for the application, which were originally eight, to only five reasons.
“That is, the approval of the DPR on regulations in lieu of legislation to become laws contains constitutional defects, the assembly of the DPR in approving this law does not fulfill the quorum quota, the law does not contain conformity in content, does not fulfill the principle of clarity of formulation , and does not fulfill the principle of openness,” said Parulian Sianturi, continuing the things that were perfected in his party’s request.
At the previous trial, namely the preliminary examination on last Wednesday 10 May 2023, the Petitioners stated that the main points of the application for a formal review of the Job Creation Law came from Regulation in lieu of Law No. 2 of 2022 does not fulfill the provisions based on the 1945 Constitution based on eight reasons.
Among other things, the approval of the House of Representatives on Regulation in lieu of Law No. 2 of 2022 becomes a law with formal defects or constitutional defects;
The session of the People’s Representative Council when making a decision on the approval of Regulation in lieu of Legislation No. 2 of 2022 becomes law does not meet the forum quota (quorum);
Contrary to the Constitutional Court Decision Number 91/PUU-XVIII/2020;
Does not meet the requirements regarding the urgency of forcing;
It is not clear which party initiated the Regulation in lieu of Legislation No. 2 year 2022;
Does not meet the principle of conformity between types, hierarchies and content material;
Does not meet the principle of clarity of formulation; and does not meet the principle of transparency.
For this reason, the Petitioners request that the Court declare that the Job Creation Law is legally flawed and contradicts the 1945 Constitution. (RED)
