The Constitutional Court Decides Job Creation Law as Conditional Unconstitutional : Must Be Corrected in 2 Years

            The Constitutional Court (MK) decided that Law Number 11 of 2020 concerning Job Creation was conditionally unconstitutional. The decision was read out by the Chief Justice of the Constitutional Court Anwar Usman in a formal trial of the Job Creation Law which was broadcast online on November 25, 2021

            In its consideration, the Court considered that the merging method or the omnibus law in the Job Creation Law was not clear whether the method was the making of a new law or a revision. The Court also considered that, in its formation, the Job Creation Law did not hold the principle of openness to the public as the draft was not easily accessible to the public. Therefore, the Court stated that the Job Creation Act was conditional as long as it was not amended within two years after the verdict was read and if within two years no amendments are made, the Job Creation Law will automatically be declared conditionally unconstitutional on a permanent basis. The Court also stated that all laws contained in the Omnibus Law of the Job Creation Law remain in effect until improvements are made.

            Anwar also said that the Court had also stated to suspend all strategic and broad-impact policy actions from the Job Creation Act nor is it justified to issue new implementing regulations relating to the Job Creation Law. In the case where within a period of two years the legislators are unable to complete the revision of Law Number 11 of 2020 concerning Job Creation, then the Act or articles or material content of the Act which has been revoked or amended by Law Number 11 of 2020 regarding job creation must be declared valid again.


SOURCE          :           Kompas (

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