Receh.in—The Indonesian government has yet to publish the draft or documents for the Government Regulation in Lieu of Law (Perppu) No. 2/2022 on Employment Creation. The public is unaware of the contents of the controversial regulation.
Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD and Coordinating Minister for Economic Affairs Airlangga Hartarto held a press conference at the Presidential Palace in Jakarta on Friday (30/12/2022). They announced that President Joko Widodo had issued the Perppu on Employment Creation.
The public subsequently questioned the document issued by Jokowi, as it replaces Law No. 10/2022 on Employment Creation. However, the public has yet to find the draft or official documents for Perppu 2/2022 on Employment Creation.
Media checked the website of the Legal Documentation and Information Network (JDIH) of the Ministry of State Secretariat on Saturday (31/12/2022) afternoon and there was no posting of the Perppu documents. The last posting was Government Regulation (PP) No. 60/2022 on the Addition of PMN to PT Hutama Karya (Persero).
The Employment Creation Perppu documents were also not found on the National JDIH portal, the JDIH Ministry of Law and Human Rights, or the JDIH Financial and Development Supervisory Agency (BPK), which contains various documents for regulations in sufficient detail.
Business also asked several members of the House of Representatives (DPR) about the draft or documents for the Employment Creation Perppu. However, some replied that they did not have the documents, while others only found out that the government had issued the Perppu.
Constitutional Law Expert Bivitri Susanti views the issuance of Perppu 2/2022 as reflecting the pro-business mindset of the government. The Perppu also shows the government's disregard for the Constitutional Court's decision and its continued pursuit of the Employment Creation Law's interests.
"This reflects a mindset that is truly pro-business, ignoring fundamental matters. At the very least, from a legal standpoint, there are two mistakes," Bivitri said when contacted by Bisnis.com on Friday (30/12/2022).
According to her, the Constitutional Court Decision No. 91/PUU-XVIII/2020 declared the Employment Creation Law to be conditionally unconstitutional for two years. Bivitri said that this means the Employment Creation Law cannot be implemented and has no binding power.
Bivitri also views that there is no urgency for the government to issue the Perppu as it is currently the end-of-year holiday season and the DPR recess. According to her, the regulation shows Jokowi's desire to take a shortcut so that pro-business political decisions can be immediately published.
"This is a political decision that prioritizes the interests of businesses, especially large businesses, and ignores the welfare of workers and the general public," she said.
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