Since it was approved into law on October 5, 2020, the Job Creation Law has continued to be controversial, especially in terms of the process of its formation. This was because the draft of the Job Creation Law has undergone several changes both in terms of the number of pages and the alleged substance which was later revealed to the public. After it was read out in a plenary session, a 905-page version of the work copyright law was circulated.
Considered not final, after that the draft of the Work Creation Law of 1,035 pages was circulated which was said by the Secretary-General of the DPR, Indra Iskandar, as the final draft of the Job Creation Bill. Legal Attorneys for the Petitioners for the formal review of the Job Creation Law, Viktor Santoso Tandiasa, admitted that he had found several changes in substance, including the comparison of Article 5 and Article 6 in the version 905 and 1,035 pages of the work creation law.
On October 14, 2020, the DPR submitted the manuscript of the Job Creation Law to the government through the State Secretariat (Setneg), changing again to 812 pages. The manuscript changed again to 1,187 pages after MUI and Muhammadiyah received the draft from the State Secretariat, Wednesday (21/10/2020). On Thursday (22/10/2020), there were findings of missing Article 46 of Law no. 22/2001 concerning Oil and Gas (Oil and Gas Law) in the 1,187-page version of the Job Creation Law which is already in the hands of the government. In fact, in the 812-page version of the draft of the Job Creation Law, the article still exists and consists of 4 paragraphs.
Finally, after being signed by President Jokowi and promulgated in a state sheet on November 2, 2020, Law Number 11 of 2020 concerning Job Creation is still found to be wrong. The mistake was in the form of incorrectly referring to articles in Article 6 and Article 175 of the Job Creation Law which were considered to affect the substance. Since the joint agreement, a number of parties have submitted a formal and material review to the Constitutional Court (MK) to request the annulment of the Job Creation Law and a number of articles that were subject to review.
Professor of Constitutional Law, Faculty of Law, University of Indonesia, Prof. Jimly Assiddiqie, said that as long as the material is content, the text of the Job Creation Law after mutual approval in plenary sessions should be final. After that, absolutely no change in substance (content) is absolutely allowed because within 30 days, even though the President has not ratified it as stipulated in Article 20 paragraph (5) of the 1945 Constitution, a bill that has received mutual approval is valid to become a law.
“When it was passed in the DPR everything should have been final. Practices in the world, which are deemed permissible to change are only corrections of clerical errors or spelling, “said Jimly.
Moreover, if there is an error in the Job Creation Law after being signed by the President, which is actually not allowed. However, the Job Creation Law after being signed by the President is valid and applies binding according to the principle of Preasumption Iustae Causae that this Law is binding on the public and must be accepted, whether we like it or not. Until the official has the authority to determine the process of establishing the Job Creation Law and / or certain content contained therein, it is not binding for the public.
Furthermore, said Jimly, let this matter be resolved because it has become a case in the Constitutional Court. Later just prove that this Job Creation Law is defective in formal and material terms. In his books, he always distinguishes between approval in the DPR which is material in nature and that in the President which is administrative or formal in nature.
“If I were still a Constitutional Court judge, I would first check the formal review of the Job Creation Law, later I will grant 1,000 percent, not 100 percent anymore, but 1,000 percent,” said the Chief Justice of the first Constitutional Court for the 2003-2008 period when contacted by Hukumonline, Thursday ( 5/11/2020).
However, the government and the DPR were reminded in the consideration of the decision that they could return to processing the Job Creation Law for revision (legislative review). “This is a solution, so another DPR session, this is only a matter of time and it is postponed. Later, public participation will be improved, the discussion debate will be reopened. “This is now knowing, pretentiously already reading, even though there are members of the DPR who don’t read too, what about this?”
According to Jimly, the discussion of just one law as thick as 100 pages is half dead in the session. “The Job Creation Law has a lot of laws (76 laws, red) in it, but it was done for 100 days, did anyone read? It is guaranteed that 1,000 percent of DPR members do not read, nor do the ministers read. Because those who read it were the formulating team. Don’t let students make a fuss, get angry with them because they don’t read it. Even though those who say it don’t necessarily read it because the Job Creation Law is too thick, “he continued.
“There are no laws made by humans in the whole world that are perfect, there must be drawbacks. Now we are building a tradition of respect for the law, so the principle of preasumption iustae causae applies, including if the Constitutional Court’s decision states that the Job Creation Law is not binding for the public, it must be implemented regardless of satisfaction or dissatisfaction. “
Since it was approved into law on October 5, 2020, the Job Creation Law has continued to be controversial, especially in terms of the process of its formation. This is because the draft of the Job Creation Law has undergone several changes both in terms of the number of pages and the alleged substance which was later revealed to the public. After it was read out in a plenary session, a 905-page version of the work copyright law was circulated.
Considered not final, after that the draft of the Work Creation Law of 1,035 pages was circulated which was said by the Secretary General of the DPR, Indra Iskandar, as the final draft of the Job Creation Bill. Legal Attorneys for the Petitioners for the formal review of the Job Creation Law, Viktor Santoso Tandiasa, admitted that he had found several changes in substance, including the comparison of Article 5 and Article 6 in the version 905 and 1,035 pages of the work creation law .
On October 14, 2020, the DPR submitted the manuscript of the Job Creation Law to the government through the State Secretariat (Setneg), changing again to 812 pages. The manuscript changed again to 1,187 pages after MUI and Muhammadiyah received the draft from the State Secretariat, Wednesday (21/10/2020). On Thursday (22/10/2020), there were findings of missing Article 46 of Law no. 22/2001 concerning Oil and Gas (Oil and Gas Law) in the 1,187-page version of the Job Creation Law which is already in the hands of the government. In fact, in the 812-page version of the draft of the Job Creation Law, the article still exists and consists of 4 paragraphs.
Finally, after being signed by President Jokowi and promulgated in a state sheet on November 2, 2020, Law Number 11 of 2020 concerning Job Creation is still found to be wrong. The mistake was in the form of incorrectly referring to articles in Article 6 and Article 175 of the Job Creation Law which were considered to affect the substance. Since the joint agreement, a number of parties have submitted a formal and material review to the Constitutional Court (MK) to request the annulment of the Job Creation Law and a number of articles that were subject to review.
Professor of Constitutional Law, Faculty of Law, University of Indonesia, Prof. Jimly Assiddiqie, said that as long as the material is content, the text of the Job Creation Law after mutual approval in plenary sessions should be final. After that, absolutely no change in substance (content) is absolutely allowed because within 30 days, even though the President has not ratified it as stipulated in Article 20 paragraph (5) of the 1945 Constitution, a bill that has received mutual approval is valid to become a law.
“When it was passed in the DPR everything should have been final. Practices in the world, which are deemed permissible to change are only corrections of clerical errors or spelling,” said Jimly.
Moreover, if there is an error in the Job Creation Law after being signed by the President, which is actually not allowed. However, the Job Creation Law after being signed by the President is valid and applies binding according to the principle of Preasumption Iustae Causae that this Law is binding on the public and must be accepted, whether we like it or not. Until the official has the authority to determine the process of establishing the Job Creation Law and / or certain content contained therein, it is not binding for the public.
Furthermore, said Jimly, let this matter be resolved because it has become a case in the Constitutional Court. Later just prove that this Job Creation Law is defective in formal and material terms. In his books, he always distinguishes between approval in the DPR which is material in nature and that in the President which is administrative or formal in nature.
“If I were still a Constitutional Court judge, I would first check the formal review of the Job Creation Law, later I will grant 1,000 percent, not 100 percent anymore, but 1,000 percent,” said the Chief Justice of the first Constitutional Court for the 2003-2008 period when contacted by Hukumonline, Thursday (5/11/2020).
However, the government and the DPR were reminded in the consideration of the decision that they could return to processing the Job Creation Law for revision (legislative review). “This is a solution, so another DPR session, this is only a matter of time and it is postponed. Later, public participation will be improved, the discussion debate will be reopened.” This is now knowing, pretentiously already reading, even though there are members of the DPR who don’t read too, what about this? “
According to Jimly, the discussion of just one law as thick as 100 pages is half dead in the session. “The Job Creation Law has a lot of laws (76 laws, red) in it, but it was done for 100 days, did anyone read? It is guaranteed that 1,000 percent of DPR members do not read, nor do the ministers read. Because those who read it were the formulating team. Don’t let students make a fuss, ge
