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Ratification of the Ciptaker Perppu to Become a Law is Right


By: Tyas Permata Wiyana )*

The approval of the Perppu on Job Creation which was carried out by the DPR RI and changing its current status to a law is a very appropriate step to take. This is because now Indonesia will have a clear legal umbrella regarding the world economy and also help to overcome the many compelling crises that indeed require the government to move quickly and precisely.

The President of the Republic of Indonesia (RI) has enacted Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation (Perppu Ciptaker) on December 30, 2022. This policy is an implementation of the Constitutional Court (MK) Decision Number 91/PUU-XVIII/2020 which decided that the Ciptaker Law is problematic and has conditional unconstitutional status in relation to the formal form of its formation.

Regarding the establishment of the Job Creation Perppu itself, Assistant Deputy for Increasing Economic Competitiveness of the Coordinating Ministry for the Economy, Ichsan Zulkarnaen stated that the background to the issuance of this policy was indeed an urgent need to be able to fill the legal vacuum and also be able to make this nation face uncertain global economic conditions. including those that have an impact on inflation, rising food prices. 

Not only that, but the presence of the Perppu is able to strengthen the domestic side to continue to push for structural transformation that helps the community and business actors.

On another occasion, the Coordinating Minister (Menko) for the Economy, Airlangga Hartarto also stated that the government’s consideration for issuing the Job Creation Perppu was due to an urgent need. The chairman of Golkar explained the urgent needs in question, namely related to the global economy, inflation, recession, to the conflict between Russia and Ukraine.

Also included, the government must be able to provide solutions to the community in order to face the threat of food crises, financial crises and also climate change.

Airlangga also said that the existence of this Perppu changed a number of provisions in the Job Creation Law according to the Constitutional Court’s decision, such as the issue of minimum wage employment for outsourced workers, harmonization of tax regulations, to the relationship between the central and regional governments.

On the same occasion, the Coordinating Minister for Politics, Law and Security (Menko Polhukam), Mahfud MD, revealed that the issuance of the Perppu invalidated the conditional unconstitutional status of the Job Creation Law which was decided by the MK. Not without reason, the article is that the position of the Perppu is equivalent to the law in the legal regulations in Indonesia.

Then, in the end, the House of Representatives of the Republic of Indonesia (DPR RI) made a decision on the Draft Law (RUU) concerning the Stipulation of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation, which has now been ratified. become law (UU).

The ratification meeting was held at Nusantara II Building, Parliament Complex, Senayan, Jakarta on Tuesday, March 21 2023 and chaired directly by the Speaker of the Indonesian Parliament, Puan Maharani.

In the meeting, the leadership of the DPR RI then asked for approval from all the factions present to be able to ratify the Job Creation Perppu into law. Then the meeting participants agreed.

For information, the Work Creation Perppu Approval Meeting itself was attended by 75 council members physically, and also as many as 210 who attended online. So that a total of 380 board members attended the meeting.

Previously, the agenda for ratifying the Job Creation Perppu had been discussed in the DPR RI Deliberation Body (Bamus). At that time, Deputy Chairperson of the DPR RI Baleg, Achmad Baidowi said that the Perppu Cipatker had indeed been agreed to be brought to the plenary meeting.

This Perppu on Job Creation was approved less than 2 (two) months after the Presidential Letter (Surpres) was sent to the DPR on 7 February. Then, a week later, the DPR’s Legislation Body held a marathon meeting to discuss the policy.

Deputy Chairman of the DPR Legislative Body (Baleg), M. Nurdin stated that his party together with the government continued to hold several meetings to discuss material on the Job Creation Perppu. In the many meetings that have been held, according to him, deliberation is indeed prioritized.

Then for the mini-fraction in Baleg itself, he explained that out of the 9 (nine) existing factions, there were 7 (seven) who agreed that the Job Creation Perppu was passed into law. The seven factions are the PDI Perjuangan (PDIP), Golkar, Gerindra, NasDem, the National Awakening Party (PKB), the National Mandate Party (PAN), and the United Development Party (PPP).

It is undeniable that indeed, with all the background and urgency as well as the pressing conditions or conditions, it indeed makes and requires the government to really be able to take a fast and appropriate step in dealing with all things simultaneously.

Therefore, indeed the drafting of the Job Creation Perppu which has now been officially ratified by the Indonesian Parliament to become a law is a very appropriate step taken by the Government of Indonesia. The reason is, it is impossible to solve all of these precarious situations quickly if you don’t use steps like this.

)* The author is a contributor to Persada Institute

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