By: Shenna Aprilya Zahra )*
The global dynamics that have occurred have indeed raised their own concerns, moreover the issue of a recession that has arisen has also had an impact on the existence of employment where the number of the workforce has increased, so that the government requires regulations to anticipate the coming economic turmoil. This regulation is the Job Creation Law (UU Ciptaker) where this regulation is believed to be able to open up investment opportunities which have an impact on opening up employment opportunities.
The Job Creation Law was passed by the DPR through a plenary session on March 21, 2023. Thus, this Perppu has legally become a binding law and it is hoped that it will also be the answer to the challenges of the current global economic dynamics.
Legal Observer from Gadjah Mada University, Prof. Nindyo Pramono said that the ratification of Perppu Number 2 of 2022 which was carried out by the DPR showed that the DPR and the Government both agreed on the substance contained in this Perppu.
From the government itself it seems that it actually accommodates the aspirations of the community regarding various issues regulated in the law, such as labor wages and halal certification. After being accommodated and corrected, the Work Creation Perppu entered into and was ratified by the DPR. This means that the DPR agrees with the substance of the Perppu to become a law as proposed by the government.
He continued, Prof. Nindyo explained that there are important benefits from the ratification of Perppu No. 2 of 2022 as a law specifically related to the ease of doing business in Indonesia. According to him, before there were regulations such as the Job Creation Law, the ease of investment in Indonesia was still less competitive than ASEAN countries. This Job Creation Law has accommodated the need for economic growth and investment climate flows that are coming into Indonesia.
The use of the omnibus method in the Job Creation Law is something that Prof. deems appropriate. Nindyo. By using the omnibus method, of course, the government does not need to revise every related law so that it can accelerate the process of drafting regulations.
Several sub-sectors related to the investment climate, such as the mining, fisheries and licensing and other sectors have been accommodated by the Job Creation Law. If each related law is corrected one by one, it will take a long time.
In addition, the government must also immediately carry out socialization after it is passed into law by the DPR. Even though the socialization seems to only be visiting giving lectures and announcements. However, when it comes to education for the public to obey the law, things like socialization must be carried out.
Prof. Nindyo also invited various parties to be able to study and read the legal product. This is very important so that the public can understand the positive impact that the Job Creation Law has had on the economic sector and the workforce.
Meanwhile, Jakarta Muhammadiyah University Constitutional Law Expert, Ibnu Sina Chandranegara, revealed that the DPR’s approval of the Job Creation Perppu as a law is a constitutional action. In addition, the ratification by the DPR also provides important legal certainty for both the economic sector and workers.
He hopes that the technical regulations that will be drafted can further strengthen the legal certainty that has been provided by the Job Creation Law. Of course, this approval has clearly provided legal certainty and all implementing regulations needed to implement the Job Creation Law must be issued. One thing is certain, implementing regulations must also provide much better protection of rights for workers.
The main goal of the Job Creation Law is, of course, to align existing policies at the central and regional levels, as well as overcome overlapping problems, moreover this law will cut articles that are deemed ineffective. It is hoped that the ratification of the Job Creation Law will have an impact on good economic development.
It is hoped that the passage of the Job Creation Law will encourage investment with a simple licensing system. The licensing process for business activities has now been changed from permit-based to risk-based. A system called Risk-Based Licensing can be obtained online through the Online Single Submission Risk Based Approach (OSS-RBA).
With the ease of obtaining business licenses, it is of course expected that the investment climate in Indonesia will improve. As well as attracting local and foreign investors to invest in Indonesia. If the investment rate increases, of course employment will be more open in various sectors, so that the number of unemployed will decrease.
Of course when investment increases, of course employment will also increase. This is the true aim of the Job Creation Law, namely for the welfare of the community. Therefore, the Job Creation Law is the right regulation to create fruitful investment and open employment opportunities .
)* The author is a contributor to Nusantara Reading Room