jpnn.com, JAKARTA - Legal expert Yusril Ihza Mahendra has commented on the decision of the Constitutional Court (MK), which declared Law Number 11/2020 concerning Job Creation "unconstitutional".
MK also stated that the Job Creation Law did not have binding legal force conditionally, as decided in Jakarta, Thursday (25/11).
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In response to this, Yusril assessed that the Joko Widodo administration must work hard to improve the Job Creation Law.
"If within two years the law is not revised, the law will automatically become permanently unconstitutional," Yusril said in his statement.
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The former State Secretary also reminded the President that if it was not corrected within two years, all laws that had been revoked due to the Job Creation Law would automatically apply again.
"This can obviously lead to legal chaos," he said.
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Yusril explained that MK in its decision prohibited the government from issuing implementing regulations for the Job Creation Law other than the existing ones.
It has also prohibited the government from taking new policies that have a broad impact based on the Job Creation Law as long as the law is not revised.
Yusril assessed that MK's decision would have a broad impact on the Jokowi administration, whose term of office is approximately three years until 2024.
"The super-fast policies that President Jokowi's administration wants to implement are largely based on the Job Creation Law. Well, without immediate improvement, the new policies to be taken by the President will automatically stop," he said.
"This has the potential to paralyze the government, which actually wants to act quickly to restore the economy that was disrupted by the pandemic."
Yusril assessed that the government could take two ways to overcome the existing problems.
First, it should strengthen the Ministry of Law and Human Rights and make it the leader in revising the Job Creation Law.
Second, it should immediately establish a ministry of national legislation in charge of organizing, synchronizing, and tidying up all laws and regulations.
"This new ministry has actually been agreed by the government and the House at the end of Jokowi's first term," he revealed.
"However, until now, it has not been implemented, perhaps because it collides with the limitation on the number of ministries regulated by the State Ministry Law."
According to Yusril, before the ministry is formed, its duties and functions should be carried out by the Ministry of Law and Human Rights.
Yusril admitted that since the beginning, he felt that the Job Creation Law, which was formed by imitating the omnibus law in the United States and Canada, had been problematic. This is because Indonesia has Law No. 12/2011 concerning the Establishment of Legislation.
Every regulation formation and its procedural changes must comply with Law No. 12/2011.
In addition, MK, which has the authority to examine materials and is formal against the law, can use the 1945 Constitution as a touchstone when conducting material tests. If conducting a formal test, the court uses Law No. 12/2011.
"Therefore, when the Job Creation Law was formally tested with Law No. 12/2011, the law could be overturned by MK," he said. "MK could decide that the procedure for establishing the Job Creation Law violated the law formation procedure as regulated by Law Number 12/2011."
Yusril stated that he was not surprised when MK declared the Job Creation Law "conditionally unconstitutional".
He said that had MK declared the law "unconditionally unconstitutional", the Jokowi administration would have been in a difficult position.
Yusril advised the President to act quickly to carry out a thorough revision of the Job Creation Law, without having to wait two years. (gir/mcr20/jpnn)
This news has been broadcast on JPNN.com with the title: MK Menyatakan UU Ciptaker Inkonstitusional, Yusril Komentar Begini