Legal Certainty Government Regulation Number: 35 Year 2O2I Work Termination Procedure (PHK Procedure) As Implementing Regulation Law Number: 11 Year 2020 Concerning Job Creation

Authors

  • Khairul Saleh Student of Law Magister of Pamulang University, South Tangerang City, Indonesia
  • Denny Tanuwijaya Student of Law Magister of Pamulang University, South Tangerang City, Indonesia
  • Idham Khalid Student of Law Magister of Pamulang University, South Tangerang City, Indonesia
  • Eko Wardaya Student of Law Magister of Pamulang University, South Tangerang City, Indonesia
  • Frens William Rumasingap Student of Law Magister of Pamulang University, South Tangerang City, Indonesia

Abstract

Abstract

 

After Law Number 11 of 2021 concerning Job Creation was passed, this law was rejected by a number of parties, such as students, labor activists, environmental activists, and others. The basis for rejecting this law is that the process of making it is very fast and does not involve public participation. The spirit and purpose of reform is to criticize and at the same time do the antithesis of power politics in the past which were monolithic in nature and then formulate a synthesis in preventing the return of power, authority and opportunities that were misused by the powers that be, either by the government or officials holding power and public authority. Researchers want to answer legal problems about how the omnibus law concept of the Job Creation Law relates to the hierarchy of laws and regulations and legal certainty for unclear provisions, especially Article 8 PP 35 of 2021 concerning Specific Time Work Agreements (PKWT). This research was conducted using normative juridical research methods. The normative juridical research method is defined as a research method on statutory rules, both from the perspective of the statutory hierarchy, namely the 1945 Constitution vertically, as well as the horizontal harmonization of legislation. From the results of the research it can be seen that the problem of constitutionality in the formation of the Job Creation Law is broadly related to; (1) the conditions for loading the Job Creation Bill are not fulfilled in the Prolegnas; (2) the provisions regarding the technique and systematics of making laws are not followed; and; (3) the principles of forming good laws and regulations are not fulfilled according to the provisions of Law Number 12 of 2011 concerning the Formation of Legislation. Keywords: Legal Certainty; Implementing Regulations; Job creation law

 

Keywords: Legal Certainty, Laws, Job Creation

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Published

2023-08-16

Issue

Vol. 2 No. 1 (2023)

Section

Articles