President Joko Widodo (Jokowi) issued a government regulation in place of the law (Perppo) Number 2 of 2022 on job creation. After the publication of the Perppu pros and cons emerged.
Jokowi revealed the reason for issuing the Job Creation Perppu. According to him, uncertain global conditions were a consideration for the Perppu issue.
“So why is it perppu, we know we look normal but we are bugged by threats of global uncertainty. I have repeatedly communicated to several countries that they are patients of the IMF, 14. The 28 are lining up at the door of the IMF also to be patient,” he said Jokowi at the State Palace, Central Jakarta, Friday (12/30).
Jokowi said the world was not doing well. He stressed that the Job Creation Perppu was issued to respond to legal certainty.
“So in reality the world is not doing well, the threats, the risk of uncertainty is what drives us to issue a Perppu because it serves to provide legal certainty, a legal vacuum that is in the perception of investors, both inside and outside In fact, the most important thing is because the economy in 2023 will depend heavily on investment and exports,” Jokowi said.
PSHK Questions Project Perppu Ciptaker
The Indonesian Center for Legal and Policy Studies (PSHK) has criticized the government for issuing Government Regulation Substituting Law (Perppu) Number 2 of 2022 on Job Creation (Ciptaker). PSHK asked the DPR to refuse the Perppu Ciptaker.
PSHK Executive Director Gita Putri initially questioned the basis for issuing the Perppu Ciptaker. You said that the government made excuses for releasing this Perppu.
“According to the Government, the presence of the Perppu Ciptaker has fulfilled the conditions for the formation of a Perppu, namely that there is an urgency and a regulatory vacuum. This claim is unsubstantiated and should be questioned by its logic, considering that the Court in Decision 91/PUU-XVIII/2020 requires the Ciptaker Law to repeat the formation process taking into account one of them concerns significant participation. The issuance of the Perppu is like a ploy so that in its together it appears to be betraying the Constitutional Court’s mandate to circumvent the conditions for meaningful participation,” Gita told reporters on Saturday (12/31).
He said the issuance of the Perppu Ciptaker was proof that the government had not made the public a partner in drafting legislative products. He also accused the Perppu issue of demonstrating that the government was in an unbalanced position in planning, drafting and discussing legal products.
“It can be seen that there are differences in the involvement of stakeholders in the law-making process. Examples can be seen from the drafting of the Omnibus Cipta Kerja in 2019 to the Penal Code in 2022. Only those who have the same interests as the Government who get the red carpet gets a stage to be heard. However, Labor groups, disability groups, religious minorities, sexual minorities and other vulnerable groups are effectively discriminated against for not getting space and being actively involved in drafting these legal products,” he said.
Gita also assessed that there was a lack of clarity on the emergency for making a Perppu. According to him, there was no legal vacuum after the decision of the Constitutional Court (MK) against the judicial review of the Ciptaker Act.
“Indeed, the mandate of the Constitutional Court’s decision to redraft the omnibus law for job creation has been actively ignored by the government with the issuance of this Perppu. The economic interests argument in the Perppu issuance for the job creation also provides a confusing code for the public.If there is a need for budget tightening because of the economic potential, what is getting worse, because money is being spent on a large scale, for example to build the public University national and force the formation of the national public administration law, ”he said.
He believed that the government was ignoring public participation. He also accused the Perppu Ciptaker of being a form of camera obscura in legislation because the Perppu Ciptaker document had not been published.
“In addition to the numerous questions and controversies that have arisen from the issuance of the Perppu Ciptaker, unfortunately, up until the time of this publication, it was not possible to access the Perppu Ciptaker document. This reinforces the impression that the Government is increasingly taking over the process of forming laws and regulations in the dark. Even if the principle of transparency is a prerequisite, open space for meaningful participation, “he said.
Gita also asked the DPR to reject the Job Creation Perppu because it had ignored the decision of the Constitutional Court. The following are three points of PSHK’s requests regarding the Perppu Ciptaker:
1. Presidential Decree to reject Perppu Number 2 of 2022 in the matter of Job Creation because it ignored the Constitutional Court Judgment 91/PUU-XVIII/2020;
2. The President and the DPR must re-discuss the Ciptaker law as requested by UU MK 91/PUU-XVIII/2020 presenting space for significant public participation in the process; and
3. The President and the DPR to stop reckless practices in the legislative process and return to the principles of the formation of good laws and regulations.
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