The Constitutional Court (MK) decided that Omnibus Law on Job Creation Was Contrary to the UUD 1945.
November 26, 2021

The Constitutional Court (MK) decided that Law Number 11 of 2020 concerning Job Creation (Omnibus Law on Job Creation) was contrary to the 1945 Constitution of the Republic of Indonesia or was unconstitutional because the manufacturing process did not comply with applicable regulations. The Job Creation Law is also stated to have no conditionally binding legal force. The decision was read by the Chief Justice of the Constitutional Court Anwar Usman, on Thursday, November 25, 2021, through the YouTube channel of the Indonesian Constitutional Court.

Anwar Usman also stated that the Job Creation Law was still in effect until the legislators, the government, and the DPR, make revisions to the formation following the grace period stipulated in the decision, which is two years.

Suppose within that period the legislators do not make revisions. In that case, the Job Creation Law becomes permanently unconstitutional, and all laws revised by the Job Creation Act are deemed re-applicable.

"If within two years the legislators are unable to complete the revision of the Job Creation Law, the laws or articles or material content of the law that have been revoked or amended by the Job Creation Act must be declared valid again," said Anwar. Usman.

In addition, the government is also prohibited from making new implementing regulations derived from the Job Creation Law for the next two years.



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