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Job Creation Perppu lawsuit can be through legal channels


By: Safira Tri Ningsih )*

The ratification of the Government Regulation in Lieu of a Job Creation Law (Perppu) was accompanied by public protests. The government welcomes parties who object to this Perppu to sue the Constitutional Court (MK). This permit shows that the government is upholding democracy and new legal rules may be challenged, as long as they comply with procedures.

After the Job Creation Perppu was passed on December 30, 2022, a number of reactions emerged from the public because it was considered the time was sudden. Even though the government has planned it carefully and this Perppu has been prepared as a substitute for the Job Creation Law. The Job Creation Perppu is guaranteed not to harm the community because workers’ rights still exist and there are no changes for the worse.

However, unfortunately there are parties who object to the Job Creation Perppu and hold demonstrations to reject it. The government asked these parties to stop demonstrating, but could go directly to the Constitutional Court to challenge the Job Creation Perppu.

Perppu Number 2 of 2022 concerning Job Creation (Ciptaker) was challenged to the Constitutional Court (MK) by civil society. Representative of the applicants, Viktor Santoso Tandiasa, said that his party would register a request for a formal review of the Perppu on Thursday, January 5, 2023.

Viktor Santoso Tandiasa stated that on January 5, 2022, at 14.00 WIB, he represented the applicants to register the Application for Formal Review of Perppu Number 2 of 2022 concerning Job Creation. Viktor explained that his party wanted to test the Perppu against the 1945 Constitution.

In addition, with Law Number 12 of 2011 concerning the Formation of Legislation as amended by Law Number 13 of 2022 concerning the second Amendment to Law no. 12 of 2011 concerning the Formation of laws and regulations, Decision No. 138/PUU-VII/2009, Decision 91/PUU-XVIII/2020.

As for the applicants, Hasrul Buamona (Lecturer and Health Law Consultant), Siti Badriyah (Migrant CARE Advocacy Coordinator), Harseto Setyadi Rajah (Legal Consultant for Ship’s Crew), Jati Puji Santoso (Former Migrant Crew).

Then, Syaloom Mega G. Matitaputty (Usahid FH Student) and Ananda Luthfia Ramadhani (Usahid FH Student). They gave power to Viktor Santoso Tandiasa and Zico Leonard Djagardo Simanjuntak.

The issuance of this Perppu Ciptaker is said to be based on considerations of urgent global economic interests that need to be responded to immediately, one of which is the impact of the Russia-Ukraine war.

However, this Perppu received a lot of rejection from various parties because the contents were not much different from the Job Creation Law which was declared unconstitutional by the MK. The contents of this Perppu are also considered to contain problematic articles that are detrimental, especially for workers and the environment.

The government upholds democracy because it allows lawsuits to the Constitutional Court. First, the people are allowed to read the original draft of the Job Creation Perppu. Second, if there are those who do not like it, they may file a lawsuit.

Permission to apply to the Constitutional Court shows that the current situation is more flexible. No party should equate President Jokowi’s government with the New Order era. The reason is because in the past there was no such thing as a lawsuit against the Constitutional Court.

Meanwhile, the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD stated that the criticism occurred because the public had not studied the Job Creation Perppu in its entirety. There are also those who read the headlines (about this Perppu) without reading the contents. However, he invited the public to discuss and socialize the Job Creation Perppu.

In a sense, if someone accuses that the Job Creation Perppu is detrimental to society, then they are gravely mistaken. The reason is because this Perppu is designed to benefit Indonesian citizens, both workers and employers.

The public is asked not to just read news about the Job Creation Perppu from incompetent media or even just read the title and then draw their own conclusions. This is very dangerous because currently many online media use click-bait tricks, where the news headlines are sensational but the content is different from the title. If people make their own conclusions, it will cause confusion.

The public should study and read the original manuscript of the Job Creation Perppu on the government’s official website, and it can be accessed for free. By studying paragraph by paragraph of this Perppu, they will understand that regulations are enforced to benefit the community.

If the public studies the Job Creation Perppu from the original text on the government’s official website, they will understand this regulation. The Perppu is designed for Indonesia’s future because it is profitable for investors. If the investment world benefits, then the community will also benefit because the industry in Indonesia is getting more advanced and automatically opens up many new job vacancies.

Granting permission to challenge the Perppu Cipta Kerja to the Constitutional Court shows that the government is upholding democracy. The reason is because the voice of the people is still being heard. The public need not worry because this Perppu will make the future of Indonesian citizens better. The reason is that the Job Creation Perppu provides legal certainty to foreign investors so that they are more confident about investing in Indonesia, and making economic growth even better.

)* The author is a contributor to Daris Pustaka

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