By: Lukman Keenan Adar )*
The issuance of the Job Creation Perppu carried out by the Government is a very strategic policy to be able to save the people and also the national economy from the many threats of global uncertainty that are currently happening.The President of the Republic of Indonesia (RI), Joko Widodo, on Friday, December 20, 2022, has officially issued Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation (Ciptaker). With the issuance of the Job Creation Perppu, it will automatically replace the existence of Law (UU) Number 11 of 2020 concerning Ciptaker which has been declared conditionally unconstitutional by the Constitutional Court (MK) through its decision.Because there was a legal vacuum related to Job Creation because the previous law was deemed conditionally unconstitutional by the Constitutional Court, the Vice President (Wapres RI), K.H. Ma’ruf Amin stressed that the issuance of the Job Creation Perppu was really needed to be able to fill the regulatory vacuum as long as the Ciptaker Law was still being revised in accordance with the Constitutional Court’s decision.Furthermore, the Vice President stated that the existence of this Perppu on Job Creation was also a way out for resolving problems that previously involved the Job Creation Law. According to him, during the revision of the Ciptaker Law, there shouldn’t be a regulatory vacuum at all in order to continue to maintain the stability of the country’s economy.Therefore, K.H. Ma’ruf Amin said that within the framework of the entire improvement process, the situation must not be stagnant at all, nor should there be a vacuum, so indeed there must be a regulation immediately so that the economy in the country continues to be maintained, including to prevent investors from becoming confused. legal vacuum.For information, the Constitutional Court (MK) itself through its decision Number 91/PUU-XVII/2020 dated 25 November 2021 has stated that Law (UU) Number 11 of 2020 concerning Job Creation as a regulation that is flawed in the formal and is now being made conditionally unconstitutional so it needs to be corrected.In the decision after the 448 pages, the MK ordered the formation of the Job Creation Law and made these improvements at least within 2 (two) years after the decision was published. If within the given deadline it turns out that improvements have not been made, then the Ciptaker Law will be declared permanently unconstitutional.Regarding the importance of issuing the Job Creation Perppu to replace the existence of the previous Ciptaker Law, the Coordinating Minister for Politics, Law and Security (Menko Polhukam), Mahfud MD considered that the Job Creation Perppu was intended to be able to save the country’s economy so that the investment climate from abroad not bothered to enter Indonesia.For this reason, according to him, the Government of Indonesia must make a very strategic policy from the start to immediately save the people’s economy. One of the ways is to continue to maintain the investment climate so that investors from abroad can continue to trust their capital in Indonesia, namely by providing legal certainty in the form of a Job Creation Perppu.Not only related to the investment climate for foreign investors, but according to Mahfud MD there is also investment from within the country itself which continues to accelerate the licensing process even from many sectors, starting from forestry, agriculture and others. So the Government is making a series of very strategic steps in 2023.The Coordinating Minister for Political, Legal and Security Affairs also added that the potential for a global recession which would also affect the country’s economy had actually been predicted by four world financial institutions. They consider that although Indonesia’s economic growth will continue to be positive despite being confronted by many global uncertainties, its growth will only reach a maximum of 5 percent.Whereas on the other hand, the economic growth projection or target set by the Government itself is how to continue to maintain economic stability so that it is at least at a minimum of 5.3 percent. So that the Government must immediately make anticipatory efforts based on the results of the analysis and calculations carried out by these world institutions.The anticipation that has been made by the government itself in dealing with all the crises related to the economy is that it must as soon as possible make a very strategic policy from the start to be able to save the people and save the economy in Indonesia.Efforts to save the people have been carried out by the Government, especially when preparing to face all the uncertainties in global conditions including the threat of recession, inflation to world stagflation. Therefore, the government issued a very strategic policy, namely the existence of a Job Creation Perppu to fill the legal vacuum that had occurred as a result of the Ciptaker Law previously being conditionally unconstitutional by the MK.)* The author is a contributor to Persada Institute
