Perppu and Urgency

President Joko Widodo answered to the decision of the Constitutional Court regarding the Job Creation Law, which was considered conditionally unconstitutional, by issuing a government regulation in lieu of Law

KOMPAS

The ratification of the Job Creation lieu of law (Perppu) by President Joko Widodo on December 30, 2022 sparked polemics..

On the decision of Law Number 11 of 2020 on job creation, the Constitutional Court stated that the law was conditionally unconstitutional. The government must improve the substance of the job creation law within two years after the Constitutional Court's decision was read. The discussion for the improvement of the Job Creation Law needs to be done by involving public participation. The deadline for improvement is November 2023.

Regardless of the decision of the Job Creation Law, the constitutional justice chosen by the House of Representatives (DPR), Aswanto, was withdrawn by the DPR. This decision was also problematic.

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The government took the opportunity to respond to the Constitutional Court's decision by issuing a Perppu No 2/2022signed by President Jokowi on Dec. 30, 2022. The public had rational expectations on the discussion of the improvement of the Job Creation Law through a mechanism in accordance with the Draft Bill. However, the government took another way. Therefore criticism emerged from various parties.

Coordinating Political, Legal and Security Affairs Minister Mahfud MD said the issuance of the Perppu also aborted the unconstitutional label embedded by the Constitutional Court on the Job Creation Law. The government's answer to the Constitutional Court seems like there is a strong fight between state institutions. The choice of the phrase "Perppu aborts the conditionally unconstitutional label" can create an impact on political psychology.

KOMPAS/PRIYOMBODO

Workers hanging over to clean a shopping center building in the Senayan area, Central Jakarta, Tuesday (3/1/2023). Issuance of Government Regulation in Lieu of Law or Perppu Number 2 of 2022 concerning Job Creation is considered not to meet the critical requirements.

The President has the right to issue a Perppu in terms of coercive urgency. Before issuing Perppu No. 2/2022, President Jokowi also issued a Perppu on the general elections. The assessment of a coercive urgency is a subjective consideration for the President and will be made objective by the DPR if approved. The Constitutional Court has interpreted the phrase coercive urgency as an urgent need to resolve legal problems quickly. The law does not yet exist, so there is a legal vacuum. The legal vacuum cannot be overcome by the discussion of the ordinary mechanism law.

Furthermore, the President will submit Perppu No. 2/2022 to the DPR to be discussed. The DPR has a choice to approve the Perppu or to reject the Perppu. If the DPR approves, Perppu No. 2/2022 will become law. Conversely, if the DPR refuses, the Perppu will expire and the job creation law, which was declared unconstitutional by the Constitutional Court, will be applied again.

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> Job Creation Law and Available Options

> The Loss of Morality of Job Creation Law

The twists and turns of the game of political power in creating laws will play in democratic procedures. Theoretically, the DPR, which is fully controlled by the government, will approve Perppu No. 2/2022. However, in 2024 when the presidential election will be held and the legislative elections will also be held, the electoral calculations could be different.

The issuing of the Perppu is done quickly, but has large political risks. The question worth asking is: for whom is the Perppu on job creation issued for? And after the Perppu, what happens next?

This article was translated by Hyginus Hardoyo.