Jokowi Must Work Hard to Improve Job Creation Law: Legal Expert
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
Legal expert Yusril Ihza Mahendra said the Joko Widodo administration must work hard to improve the Job Creation Law.
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