ACV-CSCIASIA.ORG, JAKARTA – Not long ago, the Constitutional Court of the Republic of Indonesia held a Preliminary Examination Session for Case Number 41/PUU-XXI/2023 concerning the request for formal review of Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law -Invite.
Harris Manalu, Chair of the Legal Aid Institute of the Confederation of Indonesian Trade Unions (KSBSI) as well as attorney for Case Number 41/PUU-XXI/2023, said that today’s hearing went smoothly.
“We read out the main points of the petition and petitum, but there are some suggestions from the Honorable Panel of Judges, which we will consider in improving the lawsuit.” said Harris Manalu after attending the Constitutional Court hearing in Jakarta, Wednesday (10/05/2023).
Furthermore, Harris explained that a follow-up hearing would be held after we made improvements first, the repair files had to be submitted before May 23. In the contents of the request, the KSBSI Legal Counsel team stated 7 reasons related to Law 6 of 2023, where the spirit is in Perppu No 2 of 2022.
“Therefore, we consider our fundamental reason that the reason for the invalidity lies in the stipulation of the Job Creation Perrpu.” explained Harris.
However, the Panel of Judges gave advice that the formal review of Law No. 6 of 2023 had a different procedure for forming the law than the Perppu procedure, and asked the applicant to focus only on the procedure for forming the law.
“So it’s good to be investigated there, what is the problem related to the formation of Law No. 6 of 2023, not related to the Perppu anymore. So that can be an additional strengthening of the argument.” explained the Honorable Panel of Judges, Enny Nurbaningsih.
As is known, the petitum of Case Number 41/PUU-XXI/2023, the Petitioner requests the Honorable Panel of Judges of the Constitutional Court of the Republic of Indonesia to grant the following decision:
1. Granted the petition for formal examination of the Petitioner;
2. Declare the formation of Law Number 6 of 2023 concerning Stipulation of Government Regulation in lieu of Law Number 2 of 2022 concerning Job Creation to become Law (State Gazette of the Republic of Indonesia of 2023 Number 41, Supplement to State Gazette of the Republic of Indonesia Number 6856) does not fulfill provisions based on the 1945 Constitution of the Republic of Indonesia and do not have binding legal force;
3. Declare that all articles of the entire Law amended and deleted by Law Number 6 of 2023 concerning the Stipulation of Government Regulations in lieu of Law Number 2 of 2022 concerning Job Creation become Laws (State Gazette of the Republic of Indonesia) Year 2023 Number 41, Supplement to the State Gazette of the Republic of Indonesia Number 6856) as of the pronouncement of this decision;
or at least:
Declare that all articles of Law Number 13 of 2003 concerning Manpower (State Gazette of the Republic of Indonesia of 2003 Number 39, Supplement to the State Gazette of the Republic of Indonesia 4279) were amended and deleted by Law Number 6 of 2023 concerning Stipulation of Government Regulations Substitute Law Number 2 of 2022 concerning Job Creation to become Law (State Gazette of the Republic of Indonesia of 2023 Number 41, Supplement to State Gazette of the Republic of Indonesia Number 6856) as of the date this decision was pronounced;
4. Order the publication of this decision in the State Gazette of the Republic of Indonesia as appropriate;
Or,
If Your Excellency the Panel of Judges of the Constitutional Court has a different opinion, we request the fairest decision (ex aequo et bono). (RED/Handi)
