Rabu, Oktober 4, 2023

MK Rejects Formal Constitutional Review of the Imposition of Perpu-CK as UU-CK

On Monday, 2 October 2023, the Constitutional Court (Mahkamah Konstitusi – "MK") rendered Decision No. 54/PUU-XXI/2023 ("Decision") on the formal constitutional review of Law No. 6 of 2023 ("Law 6/2023") on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law ("Regulation 2/2022"). In essence, the MK concluded that the submission was legally groundless and, as a result, the MK rejected the applicants’ claims in their entirety.
The Decision was handed down after several aspects relating to Regulation 2/2022 had been taken into consideration, specifically: 1) The approval of Regulation 2/2022 did not violate any allotted House of Representatives (Dewan Perwakilan Rakyat – "DPR") timeframe; 2) Regulation 2/2022 fulfilled the conditional requirement as an “emergency matter”, which triggers the exclusive authority of the President while also taking into account various constitutional provisions; 3) Regulation 2/2022 was not found to have violated Decision of the MK No. 91/PUU-XVII/2020, while it was noted that Regulation 2/2022 is a legal presidential policy, meaning that it has the same equal binding power as laws in general.
However, the MK declared that the meaningful participation mechanism for the drafting of any Government Regulation in Lieu of Law is separate from the applicable mechanism for the drafting of any Law, provided that the final regulation was published and publicized by the DPR and ultimately made accessible to the general public.
Based on the various considerations outlined above, the government will proceed to implement Law 6/2023 and will also enforce Regulation 2/2022 as a Law. It is hoped that this decision will be able to achieve its initial objective of providing a broader working field, as well as strengthening Indonesia as it faces a potentially harsh global economic climate.

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On Monday, 2 October 2023, the Constitutional Court (Mahkamah Konstitusi – "MK") rendered Decision No. 54/PUU-XXI/2023 ("Decision") on the formal constitutional review of Law No. 6 of 2023 ("Law 6/2023") on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law ("Regulation 2/2022"). In essence, the MK concluded that the submission was legally groundless and, as a result, the MK rejected the applicants’ claims in their entirety.
The Decision was handed down after several aspects relating to Regulation 2/2022 had been taken into consideration, specifically: 1) The approval of Regulation 2/2022 did not violate any allotted House of Representatives (Dewan Perwakilan Rakyat – "DPR") timeframe; 2) Regulation 2/2022 fulfilled the conditional requirement as an “emergency matter”, which triggers the exclusive authority of the President while also taking into account various constitutional provisions; 3) Regulation 2/2022 was not found to have violated Decision of the MK No. 91/PUU-XVII/2020, while it was noted that Regulation 2/2022 is a legal presidential policy, meaning that it has the same equal binding power as laws in general.
However, the MK declared that the meaningful participation mechanism for the drafting of any Government Regulation in Lieu of Law is separate from the applicable mechanism for the drafting of any Law, provided that the final regulation was published and publicized by the DPR and ultimately made accessible to the general public.
Based on the various considerations outlined above, the government will proceed to implement Law 6/2023 and will also enforce Regulation 2/2022 as a Law. It is hoped that this decision will be able to achieve its initial objective of providing a broader working field, as well as strengthening Indonesia as it faces a potentially harsh global economic climate.

......