Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation (Perppu Ciptaker ) certainly does not violate applicable regulations. This was said by the Deputy Chair of the Legislative Body (Baleg) of the DPR RI, Achmad Baidowi (Awiek). The DPR can still pass this Perppu into law in a post-recess plenary session.
Awiek said, the phrase ‘next trial period’ contained in Article 22 paragraph (2) of the 1945 Constitution does not only mean the trial period after the issuance of the Perppu.
Awiek also explained that when the 1945 Constitution was formed, the founders of the state only determined that the DPR convene at least once a year. Then, article 22 of the 1945 Constitution, regarding Perppu which must be approved during the next session.
This means that if you follow the logic of the founding fathers of this country, then the Perppu needs to get approval during the following year’s session, either the first year or so. But in its development, now the DPR no longer convenes once a year, the DPR has 5 session periods, so it could be the first, second and so on.
Moreover, when referring to Law number 12 of 2011 concerning the formation of government regulations (UU PPP), the determination of the Perppu follows the discussion mechanism as the discussion of other bills.
Awiek stressed, referring to the PPP Law, the mechanism for deliberating the Bill on the determination of a Perppu to become a law is the same as other bills, meaning that it is not bound to have to be in 1 session.
He emphasized that the Job Creation Perppu had obtained mutual approval at the level 1 talks or the DPR Baleg . Because of that, there should be no more problems and no more debates because the DPR has agreed. The status of the Perppu has received approval from the DPR, but the formal level (discussion) is not yet level 1. Moreover, there have been no changes whatsoever in the Perppu.
The stipulation of the Perppu on Job Creation is a constitutional implementation of the President’s attributive authority based on Article 22 of the 1945 Constitution. However, the exercise of this authority is also limited , where the Perrpu must be submitted to the Indonesian Parliament for approval.
In the Government Working Meeting with the DPR RI Baleg in the context of making a decision on the Level I discussion on the Bill on the determination of the Job Creation Perppu to become law.
The Coordinating Minister for the Economy Airlangga Hartarto together with the Coordinating Minister for Politics, Law and Security, Minister of Law and Human Rights, Deputy Minister of Religion, and representatives of the DPR RI faction who were present at the Working Meeting, signed the approval of the DPR RI Legislation Body on the Draft Bill. The Job Creation Perppu becomes law.
Airlangga revealed that the government had heard the views of the factions who gave appreciation, both those who supported and agreed, as well as the factions that did not agree. Of course, all of these notes will always serve as input for the government in the implementation of the Law on the determination of the Job Creation Perppu to become a law later.
He also said that the Job Creation Perppu provides legal certainty and benefits received by the community, MSMEs, business actors and workers for the implementation of the Job Creation Law, so that these benefits can be continued.
With regard to the implementation of the Constitutional Court’s Decision on the Job Creation Law, the Government together with the DPR RI have implemented the decision, namely the omnibus method has been regulated in drafting the Law, furthermore improvements have been made to the technical writing errors contained in the Job Creation Law and the Government has also increased meaningful participation .
Since the Job Creation Law came into effect, Ministries/Agencies have conducted outreach and public consultations 610 times and 29 times by the Job Creation Socialization Task Force. This shows that the government is continuously conducting socialization, education, consultation, technical guidance, and even assistance needed in the implementation of the Job Creation Law.
On a different occasion, the Minister of Tourism and Creative Economy (Menparekraf) Sandiaga Salahudin Uno hoped that the Job Creation Perppu would be able to help bring in investors and create jobs.
It is hoped that the Job Creation Perppu can continue to navigate the dynamics that are currently happening. Thus, the government’s efforts to increase employment and social welfare as well as provide convenience in doing business can continue to be carried out.
The stipulation of the Perppu on Job Creation is a strategic step for the government in anticipating global economic uncertainty. This is done through creating and increasing employment, ensuring that every citizen gets a job, empowering cooperatives and MSMEs, as well as adjusting various regulatory aspects related to ease of doing business.
It should also be noted that one of the government’s strategies to survive the threat of a global recession in 2023 is legal certainty regarding investments that will enter Indonesia. Therefore, the Perppu Cipta Kerja is not only legal certainty for continued investment, but the regulation also does not violate existing regulations.
