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CC Sentenced UU Cipta Kerja is Not Formal and Unconstitutional



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CC Sentenced UU Cipta Kerja is Not Formal and Unconstitutional

InfoSAWIT, JAKARTA – Constitutional Court (CC) sentenced that Regulation No. 11 / 2020 about Cipta Kerja is Not Formal and Unconstitutional. CC also declared that it is not allowed to take action or publish strategic policies and widely impact, including publishing new implementation rules in association with the Regulation.

Constitutional Judge delivered the sentence on the case No. 91/PUU-XVIII/2020, 103/PUU-XVIII/2020, 105/PUU-XVIII/2020, 107/PUU-XVIII/2020 and No. 4/PUU-XIX/2021, and No. 6/PUU-XIX/2021 on Formal and Material Test on Regulation No. 11 / 2020 about Cipta Kerja, on 25 November 2021.

Coordinator of Tim Advokasi Gugat Omnibus Law, Janses Sihaloho, the attorney of applicants in KEPAL (Komite Pembela Hak Konstitusional) said that conditional unconstitutional means that the government and Legislators should follow the order of Constitutional Judges to improve Undang-Undang Cipta Kerja. “There should be legal foundation – omnibus law, meaningful public participation, and material substitution,” Sihaloho told, as in the official statement InfoSAWIT, Thursday (24/11/2021). 

Gunawan representing applicants from Indonesia Human Right Committee for Social Justice (IHCS) said that the sentence of CC makes Indonesia have guidance about the order to publish regulation according to constitutional mandate.

Meanwhile, Executive Director of Indonesia for Global Justice (IGJ), Rachmi Hertanti who is also the applicant to formal test, thought that the sentence of Constitutional Court is the powerful legal foundation to show that UU Cipta Kerja is against to 1945 Constitution though the sentence is still inconsistent.

Rachmi also emphasized, this is the small victory of people on unconstitutional Omnibus Law but we need to fight for it considering that Constitutional Judges still claimed that UU Cipta Kerja is available still.

“For it is not formal and against to Constitution, UU Cipta Kerja should not be available anymore and need to suspend every implementation rule. This is inconsistent sentence,” Rachmi said.

General Secretary of Serikat Petani Kelapa Sawit (SPKS), Manseutus Darto did appreciate the sentence of Constitutional Court for it raised meaningful public participative indicator as the conditional constitution to publish regulation. (T1)