Senin, Oktober 19, 2020

Employees and Students seek Judicial Review of Job-Creation Law at Constitutional Court

A group of petitioners comprising employees and students have registered their application for a judicial review of the recently passed Law on Job Creation at the Constitutional Court (Mahkamah Konstitusi – “MK”). In their application, the petitioners demand a formal review and highlight their view that the bill’s formulation process violated principles relating to the formulation of good laws and regulations, as set out under the 1945 Constitution of the Republic of Indonesia (“1945 Constitution”), as well as under Law No. 12 of 2011 on the Establishment of Laws and Regulations.
One of the petitioners’ attorneys, Viktor Santoso Tandiasa, has asserted that the establishment process for the Job-Creation Law was implemented both recklessly and arbitrarily and has also claimed that violations occurred concerning the substance of the bill, which was subsequently changed after a joint agreement had been reached between the President and the DPR on 5 October 2020.
Mr. Tandiasa has also stated that if the MK declares that the Job-Creation Law does not fulfill provisions which specifically address the formation of the laws based on the country’s 1945 Constitution, then the MK should, through legal considerations, state that the amended articles set out under the Job-Creation Law are deemed valid again, provided that the MK grants this formal test. A legal vacuum should be avoided as a result.
The MK, acting in its role as the so-called, “Guardian of the Constitution” is expected to make some bold and decisive decisions in order to uphold Indonesia’s constitution in relation to the formulation of the Job-Creation Law, which is widely believed to have been procedurally flawed.
For more on this story, see Hukumonline: “Proses Legislasi Ugal-Ugalan, UU Cipta Kerja Dipersoalkan ke MK”.

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A group of petitioners comprising employees and students have registered their application for a judicial review of the recently passed Law on Job Creation at the Constitutional Court (Mahkamah Konstitusi – “MK”). In their application, the petitioners demand a formal review and highlight their view that the bill’s formulation process violated principles relating to the formulation of good laws and regulations, as set out under the 1945 Constitution of the Republic of Indonesia (“1945 Constitution”), as well as under Law No. 12 of 2011 on the Establishment of Laws and Regulations.
One of the petitioners’ attorneys, Viktor Santoso Tandiasa, has asserted that the establishment process for the Job-Creation Law was implemented both recklessly and arbitrarily and has also claimed that violations occurred concerning the substance of the bill, which was subsequently changed after a joint agreement had been reached between the President and the DPR on 5 October 2020.
Mr. Tandiasa has also stated that if the MK declares that the Job-Creation Law does not fulfill provisions which specifically address the formation of the laws based on the country’s 1945 Constitution, then the MK should, through legal considerations, state that the amended articles set out under the Job-Creation Law are deemed valid again, provided that the MK grants this formal test. A legal vacuum should be avoided as a result.
The MK, acting in its role as the so-called, “Guardian of the Constitution” is expected to make some bold and decisive decisions in order to uphold Indonesia’s constitution in relation to the formulation of the Job-Creation Law, which is widely believed to have been procedurally flawed.
For more on this story, see Hukumonline: “Proses Legislasi Ugal-Ugalan, UU Cipta Kerja Dipersoalkan ke MK”.

......