IGJ Monitoring on the Constitutional Court’s Decision on Law No. 11 of 2020 concerning Job Creation (Omnibus Law)
25th November 2021,
The Constitutional Court has declared that the Job Creation Law is formally flawed and conditionally unconstitutional. Furthermore, the Constitutional Court stated that it is not permissible to take strategic and broad-impact actions or policies, including issuing new implementing regulations related to Law no. 11 of 2020 Job Creation. It’s conveyed in the hearing of the verdict on Case Number 91/PUU-XVIII/2020, on the Formal Examination of Law No. 11 of 2020 concerning Job Creation.
With the reading of the verdict on Case 91/PUU-XVIII/2020 in the morning, all cases of formal review of the same UUCK in cases 103/PUU-XVIII/2020, 105/PUU-XVIII/2020, 107/PUU-XVIII/2020 and Number 4/PUU-XIX/2021, as well as Number 6/PUU-XIX/2021, have also received the same decision effect from the Judge of the Constitutional Court. Indonesia for Global Justice (IGJ) joined the KEPAL Team (The Committee on Constitutional Rights Defender) and was the applicant in case 107/PUU-XVIII/2020.
IGJ considers that this decision has become a strong legal basis that the Omnibus Law (Job Creation Law) is formally flawed and against the Constitution. At least this is a small victory for the people, which can prove that the Government and DPR RI have not carried out the mandate of the Constitution.
However, the struggle against the injustice of the Omnibus Law must continue. It’s because there are inconsistencies in the Constitutional Court’s decision.
The Constitutional Court judge stated that the Job Creation Law is formally flawed and contrary to the Constitution. However, on another point, the judge only stated that the Job Creation Law is conditionally unconstitutional. With this condition, the Job creation law remains in effect until an amendment is made in accordance with the two-year grace period given in the decision. The government and the Parliament should fix it Within two years, if not then the Job Creation Law is considered permanently unconstitutional. It has shown us if the Court gives a half-hearted decision.
In the context of improving the job creation law, the Judge ordered that a standard legal basis should be immediately formed as a guide in the formation of laws using the omnibus law method which has the specific nature, so that it becomes the basis for improving the job creation law in order to fulfill definite, standard and methods, as well as the fulfillment of the principles of the formation on law. At this point, the emphasis is on the establishing the legal basis for the establishment of an omnibus law. The meaning could be what is needed is not to completely improve the Job Creation Law, but simply only to establish a new legal basis to legitimize the Job Creation Law in the form of an omnibus law. For sure, it makes ambiguity over the judge’s alignment with the interests of the people.
The Judge of the Constitutional Court also asked to suspend all strategic and broad-impact actions/policies, and it’s also not permissible to issue new implementing regulations related to the Job Creation Law. At this point, it is not entirely clear whether the implementing regulations of the job creation law that have been passed can still be enforced, or are their implementation suspended? For sure, it will open up a gray space of intepretations.
Therefore, if the Job Creation Law is declared formally flawed and against to the Constitution, then the Job Creation Law and all its implementing regulations should be null and void. It is what the Constitutional Court Judge should uphold and not take a half-hearted decision that only gives legal uncertainty to the people.
Rahmat Maulana Sidik, IGJ-KEPAL’s Attorney
Rachmi Hertanti, Executive Director of IGJ
Email: firstname.lastname@example.org / email@example.com
KEPAL (Komite Pembela Hak Konstitusional Rakyat) consist of:
- Serikat Petani Kelapa Sawit (SPKS)
- Serikat Petani Indonesia (SPI)
- Serikat Nelayan Indonesia (SNI)
- Yayasan Bina Desa
- Sawit Watch (SW)
- Indonesian Human Rights Committee for Social Justice (IHCS)
- Koalisi Rakyat untuk Kedaulatan Pangan (KRKP)
- Indonesia for Global Justice (IGJ)
- Persaudaraan Perempuan Nelayan Indonesia (PPNI)
- FIELD Indonesia
- Koalisi Rakyat untuk Hak Atas Air (KRuHA)
- Jaringan Pemantau Pendidikan Indonesia (JPPI)
- Aliansi Organis Indonesia (AOI)
- Jaringan Masyarakat Tani Indonesia (JAMTANI)
- Federasi Serikat Pekerja Pertamina Bersatu (FSPPB)