Involvement of Lawmakers in the Legal Process Following the Unconstitutional Decision of the Job Creation Law
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Abstract
Constitutional Court Decision No. 91/PUU-XVIII/2020 provides legal certainty regarding the validity of the Job Creation Law with a conditional unconstitutional decision for two years. This means that within a period of two years, lawmakers are expected to make improvements to the Job Creation Law. If not, the law will automatically be invalid. Using a juridical-normative method, this study examines various legal products that were born after Constitutional Court Decision No. 91/PUU-XVIII/2020, as well as various challenges in the follow-up process. The results of the study show that Law No. 13 of 2022 and Law No. 6 of 2023, as a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020, have not fully met public expectations. Law No. 13 of 2022, which was produced through a fast track legislation process, and Law No. 6 of 2023, which is an amendment to the Job Creation Law, raises questions regarding the fulfillment of the principle of meaningful public participation, which was previously identified as a problem.
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Constitutional Court Decision No. 91/PUU-XVIII/2020 provides legal certainty for the enforceability of the Job Creation Law with a conditional unconstitutional ruling for two years, which means that within two years, lawmakers must make improvements to the Job Creation Law and otherwise it will automatically not apply. By using juridical-normative methods. This study examines various legal products born after the Constitutional Court Decision No. 91/PUU-XVIII/2020 and the alleged fraus legis in the follow-up effort. The results of this study show that both Law No. 13 of 2022 and Law No. 6 of 2023 which are a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020, both are still far from the expectations of the Indonesian people, in addition to Law No. 13 of 2022 which was born with a fast track legislation process, Law No. 6 of 2023 which is the second amendment to the Job Creation Law was actually born based on the prerogative of the President which allows for the non-fulfillment of meaningful participation was previously a problem.