President Joko Widodo (Jokowi) has stressed that Law No.11 of 2020 on Job Creation Law still prevails following the Constitutional Court’s (MK’s) ruling.
“All material and substance in the Job Creation Law and regulation are still fully effective, with no article being cancelled or declared invalid by MK,” Jokowi remarked at the Merdeka Palace here on Monday.
The president delivered the statement along with the coordinating ministers of the Indonesia Maju (Advanced Indonesia) cabinet: Coordinating Minister for Politics, Law, and Security, Mahfud MD; Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan; Coordinating Minister for Economic Affairs Airlangga Hartarto; and State Secretary Minister Pratikno.
“I have directed all related coordinating ministers to act in accordance with MK’s ruling as soon as possible,” the president added.
Jokowi noted that the government and the House of Representatives, as lawmakers, were given a maximum time period of two years to conduct the revision on Job Creation Law.
“Hence, all regulations implemented by the Job Creation Law are still valid based on MK’s ruling,” the president stated.
The head of state also echoed the Indonesian government’s commitment to its agenda of structural reform through deregulation and debureaucratization.
“We will ensure legal certainty and the government’s support for the ease of investment. I guarantee that as a democratic country based on the law, the government honors the Constitutional Court’s ruling No. 91/PUU-XVIII/2020 and will implement it,” he expounded.
Jokowi also called on all business players and investors to not harbor concerns.
“I guarantee the safe process of ongoing and future investment both from the country and overseas. Once again, I will ensure that the government ascertains the security and legal certainty of investment in Indonesia,” he affirmed.
Earlier, the judges of MK involved in the decision on the Job Creation Law case were Chief Justice Anwar Usman, Justice Wahiduddin Adams, Justice Suhartoyo, Justice Enny Nurbaningsih, Justice Saldi Isra, Justice Arief Hidayat, Justice Manahan M.P. Sitompul, and Justice Daniel Yusmic P. Foekh.
There are five main points in MK’s ruling on the formal test of the Job Creation Law. In the ruling, it is stipulated that Law No.11 of 2020 on Job Creation Law is conditionally unconstitutional, thereby translating to the fact that it does not have a legal binding.
According to the plaintiffs, who filed the lawsuit against Job Creation Law, the law that applies the concept of “Omnibus law” with 11 clusters that merge 78 laws, does not comply with the provisions of law creation based on the 1945 Constitution, which means it is faulty procedurally.
Source: Antara News