LANGKAH PEMERINTAH MENGHADAPI 2 TAHUN PUTUSAN MK NOMOR 91/ PUU-XVIII/2020 MENGENAI PENGUJIAN UNDANG-UNDANG CIPTA KERJA (Government’s Step to Face 2 Years of MK Decision Number 91/PUU-XVIII/2020 Concerning About Job Creation Act Testing)

  • Diani Kesuma Fakultas Hukum Universitas Pancasila
  • Siti Fatiha Aurelia Fakultas Hukum Universitas Pancasila
DOI: https://doi.org/10.35814/selisik.v8i1.3560
Abstract views: 213 | PDF (Bahasa Indonesia) downloads: 381
Keywords: Omnibus Law, Participation, Harmonization, Regulatory Reform

Abstract

The Law on Job Creation is promulgated to bring convenience to investors
which has an impact on the speed of the nation’s economic development. With
the omnibus law technique, the Job Creation Act has succeeded in cutting
down several overlapping and long-winded regulations. Like other laws, the
establishment of the Job Creation Law must be in line with what is regulated
through the PPP Law. This is a major concern because the omnibus law technique
is not yet known in the PPP Law, resulting in the Job Creation Act being declared
conditionally unconstitutional. In this case, the Constitutional Court is of the
opinion that the Job Creation Law is not in accordance with the mandate of the
PPP Law and has also forgotten the involvement of the public in its formation.
Therefore, within 2 years of the decision being issued, the government must find
a way out so that the Job Creation Law can be enforced as before. This step was
taken by the government by revising the PPP Law by normating the omnibus law
method. In addition, there needs to be a spark regarding what form is suitable
to bring the community into the formation of the Job Creation Law, considering
that there is very little time to be able to catch up with the shortcomings of the
Job Creation Law

Published
2022-06-17
Section
Articles