APSN Banner

Jokowi's job creation perpu deemed a violation, says a PSHK researcher

Tempo - February 17, 2023

Fajar Pebrianto, Jakarta – The Center for Law and Policy Studies (PSHK) insisted that the Job Creation Regulation in Lieu of Law (Perpu) issued by President Joko "Jokowi" Widodo has violated the formal requirements mandated by the 1945 Constitution (UUD).

The Job Creation Perpu was issued to replace the Job Creation Law that was found to be unconstitutional by a Constitutional Court verdict.

The Constitution's Article 22 (2) regulates that a Perpu must obtain a stamp of approval from House of Representatives (DPR) legislators. However, this regulation in lieu of law has yet to be passed in a DPR Plenary.

"Based on that, the Job Creation Perpu must be revoked as it is classified under a regulation that has not obtained the DPR's approval," said PSHK researcher M. Nur Ramadhan in a written statement on February 17.

The Perpu was ratified on December 30, 2022. Thus, PSHK assessed that the next or closest DPR session to ratify it is during the House's third Session for the 2022-2023 period, which starts from January 10 to February 16, 2023.

"Note that during this period, the DPR has not made a decision to approve or reject it in a plenary session," the researcher made sure.

On the other hand, the DPR's Legislative Body (Baleg) working committee approved the Job Creation Perpu on 15 February. However, this approval cannot be considered an official DPR approval as the highest institutional decision in the House is during a Plenary Meeting, not at the Baleg meeting.

For this reason, Nur urged the DPR and the President to comply with the provisions of Article 22 paragraphs 2 and 3 of the 1945 Constitution by not forcing the will not to revoke the Job Creation Perpu. Jokowi is also urged to immediately revoke the Job Creation Perpu as an administrative tool to implement the provisions of Article 22 paragraph 3 of the 1945 Constitution.

Source: https://en.tempo.co/read/1692683/jokowis-job-creation-perpu-deemed-a-violation-says-a-pshk-researche