UGM Legal Expert Values that Perppu Ciptaker will be able to Overcome Indonesia’s Global Crisis
By : Alula Khairunisa )*
The formation of the Job Creation Perppu is considered to be very capable of anticipating as well as overcoming and responding to the challenges of the world’s many crises and uncertainties, including the global crisis which cannot be denied will have an impact on Indonesia.
Continuing to be confronted with the shadow of various kinds of risks such as global uncertainty to national economic conditions, the Government of the Republic of Indonesia (RI) continues to make efforts to prepare a series of strategies through a much more responsive mix of fiscal and monetary policies.
One of these responsive strategies is the issuance of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation (Ciptaker). The purpose of issuing this policy is to further encourage household consumption, domestic investment to expand job creation for the community.
It is undeniable that with this precarious condition which indeed requires the government to immediately take quick and appropriate action, academics and experts continue to push for the House of Representatives of the Republic of Indonesia (DPR RI) to be able to immediately approve the Perppu on Job Creation and stipulate it with the Job Creation Perppu Stipulation Law to become a Law as stated in the 1945 Constitution of the Republic of Indonesia.
Of course, with the ratification carried out by the DPR RI, it will automatically strengthen the aspect of legal certainty regarding Perppu Number 2 of 2022 concerning Job Creation, which regulates various matters such as formative policies for MSMEs, ease of licensing business, investment implementation through the Investment Management Agency (LI), sustainability of the National Strategic Project (PSN) and also regarding employment aspects.
Not only that, but the Government of the Republic of Indonesia itself also continues to carry out public consultations on the Bill on the Determination of the Job Creation Perppu so that it can become a law to be distributed to various parties by implementing meaningful participation, so it is very clear that the process of establishing the Job Creation Perppu is to be pushed into law. involved the public in it.
When holding meaningful participation through many public consultations, the government also expressed its gratitude for the input and support from academics and experts, as well as noted all input and became a concern in the implementation of Perppu Number 2 of 2022 concerning Job Creation including in the process of discussing the Bill on the Establishment of the Perppu on Job Creation become law in the DPR RI.
Meanwhile, UGM Professor of Business Law, Prof. Nindyo Pramono in an interview on Television Station explained that indeed the formation of the Job Creation Perppu carried out by President Jokowi cannot be separated from the pressing crisis that is happening in Indonesia. Some of them are the crisis and legal vacuum.
So indeed the existence of Perppu Number 2 of 2022 concerning Ciptaker is able to fill the legal void that previously occurred because the Job Creation Law was considered conditionally unconstitutional in the MK Decision. Furthermore, according to him, stagflation and the global crisis are already being felt in the country.
Therefore, the government immediately made efforts to anticipate so that conditions would not get worse, and the crisis a few years ago did not repeat itself in Indonesia.
Besides that, Prof. Nindyo also believes that the establishment of the Job Creation Perppu is by no means something the government is rushing to do because the aim is to make efforts to anticipate global uncertainty. If, for example, all of these regulations were made using conventional statutory methods, it would actually take a very long time, while the global crisis is in sight.
Therefore, the government immediately used the Omnibus Law method to be able to anticipate all of these very threatening crises and all of them were purely at the discretion of President Joko Widodo.
Furthermore, the UGM Professor of Business Law emphasized that the existence of the Ciptaker Law alone had actually created an investment climate that led to positive growth for Indonesia. However, it is a pity that this matter had to be annulled by the Constitutional Court due to formal procedural problems even though there was absolutely no problem with the substance.
Of course, the government has gone through many calculations and then used very strategic steps, with fast and precise policies to be able to anticipate all the global challenges that are indeed very threatening to the country as soon as possible, namely by establishing the Perppu Cipta Kerja which is able to overcome all these crises.
)* The author is a contributor to Pertiwi Institute