jpnn.com, JAKARTA - The Constitutional Court (MK) has decided that Law Number 11/2020 concerning Job Creation was "conditionally unconstitutional".
The Constitutional Court saw that there were shortcomings in the making of the President's flagship law.
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"We declare that the formation of Law Number 11/2020 concerning Job Creation is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force as long as it is not interpreted, not corrected within two years after this decision is pronounced," said chief justice Anwar Usman, Central Jakarta, Thursday (25/11).
Anwar, however, stated that the Job Creation Act would remain in effect for the next two years.
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The law will automatically be permanently unconstitutional if the House of Representatives and the government do not correct it within two years of this decision.
"We order the legislators to make improvements within a maximum period of two years after this decision is pronounced. If within that time limit no improvements are made, Law Number 11/2020 concerning Job Creation will become permanently unconstitutional," said Anwar.
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Anwar said that he would also order the suspension of all strategic and broad-impact policy actions related to the law.
"It is also not allowed to issue new implementing regulations related to Law Number 11/2020 concerning Job Creation," he said.
The Constitutional Court ordered that this decision be included in the state news.
Constitutional justice Suhartoyo said this decision was to avoid legal uncertainty and major impacts of the Job Creation Law.
"The court must balance the formal requirements for the formation of a law in order to meet the element of legal certainty," Suhartoyo stressed. (tan/mcr20/jpnn)
This news has been broadcast on JPNN.com with the title: Tok! MK Putuskan UU Cipta Kerja Andalan Jokowi, Inkonstitusional Bersyarat