By: Zulkarnain )*
Recently, the community has been enlivened by a typo in the Job Creation Law. However, editorial errors in Law Number 11 of 2020 concerning Job Creation apparently have no effect on the substance of the law.
Constitutional law expert Yusril Ihza Mahendra said that typos had no effect on the substance of the Law. Yusril considered, to correct these typos, the President could be represented by the Coordinating Minister for Political, Legal and Human Rights, the Minister for State Secretary or MenkumHAM by holding a meeting with the DPR.
The revised manuscript will later be announced back in the state sheet to serve as an official reference.
After correcting the writing, the President does not need to re-sign the law. Yusril said that there were several errors in typing the law in the text that had been ratified by the DPR. The State Secretary who receives the law draft that has been passed in the DPR must carefully examine article by article in the law before it is submitted to the President for signature.
If errors are found, the Minister of State Secretary communicates with the DPR to correct them. The results of the repairs are then submitted to the President with a memo or notes from the State Secretary regarding the improvements that have been made.
The typo this time is different, where the error was only discovered after President Jokowi signed a text that was promulgated in the state gazette.
A different opinion was expressed by the Chairman of Jokowi Mania, Immanuel Ebenezer (Noel). According to him, State Secretary Pratikno must take responsibility for this mistake.
According to Noel, this mistake could have an impact on President Jokowi. Though the error was caused by Pratikno’s negligence.
According to Noel, there were 2 typographical errors that occurred in the 1,187-page bill. For example in Article 6 on page 6 and Article 53 paragraph 5 page 757.
The former 98 activist said that this was not just a typo. It’s embarrassing for the palace because it happened again. Indeed, the State Secretary is the face of the President because whatever is done must be careful and full of prudent principles. Don’t make a mistake. Moreover, this is very embarrassing.
Similar to Yusril, public policy observer Abi Rekso stated that technical errors often occur in several other law policies. Because the Omnibus law has received great attention from the public, so that all the eyes of the public and citizens are focused on the Job Creation Law so that the dots and commas are also considered more carefully.
Abi Rekso explained that the Indonesian people currently have great attention to this law so that even minor mistakes are in the spotlight. Even the words “petroleum” and “natural gas” which have been the sounds in the law are also considered to be big problems. Like the euphoria of correcting the text of the law.
He said that the spirit of the public in correcting the articles contained in the Job Creation Law was a good thing. However, this enthusiasm becomes excessive when it is not based on a goal in providing a solution.
On a different occasion, Satya Wacana Christian University (SWCU) constitutional law lecturer and Director of the SWCU Constitutional Theory and Law Study Center Umbu Raufa considered that the typo problem or typo must be corrected through the law amendment mechanism. This is because this regulation has been signed by the President and recorded in the State Gazette so that it is binding on the Indonesian people.
It should also be noted that in law there is a principle of substance over form, this ensures that no substance has changed. So that if there is only a typo, of course it can still be corrected.
On the previous occasion, Minister of State Secretary (Mensesneg) Pratikno had admitted that there were mistakes in the draft of the Ciptaker Law. However, these mistakes are technical administrative in nature so that they do not affect the implementation of the Job Creation Law. He also emphasized that these technical errors were a record and input for his party to improve the quality of the law to be enacted.
However, for decades of Indonesian independence, apparently there has been no program where from the upstream side has been truly effective and people-oriented. The emergence of the Job Creation Law is expected to produce programs that include more people, so that the poverty rate can be continuously suppressed.
The substance of the Copyright Law will not change or take a different direction, however, these typographical errors must remain a concern and be carefully corrected.
)* The author is a citizen living in Tangerang