The Problem of the Constitutional Court's Decision in the Formal Test of the Job Creation Law

Abstract

One year already after the enactment of Law Number 11 of 2020 concerning Job Creation which was declared conditionally unconstitutional by the Constituency Court through Decision Number 91 / PUU-XVIII / 2020. The decision stated that the Job Creation Law contains formal defects in the process of its formation, so that the DPR and the Government must make improvements in accordance with the procedures for the formation of applicable laws and regulations, with a maximum period of 2 years since the decision was read by the Constitutional Court. The Job Creation Law caused debate in the community, because the Job Creation Law passed by the House of Representatives brought huge losses to the community, especially in the field of labor and investment. Therefore, the polemic of the ratification of the Job Creation Law must be corrected by the DPR and the Government in accordance with applicable regulations by bringing the principle of legal certainty and the principle of openness and also justice for all communities. From this writing, the author focuses on discussing the Formal Testing of the Job Creation Law After the Constitutional Court Decision and the direction of improvements made by the government after the Constitutional Court's Decision on the Job Creation Law. In writing this article, the author also uses normative juridical research methods sourced from books and also articles that are in accordance with the theme written.