Compelling Circumstances in the Formation of Government Regulations in Lieu of the Job Creation Law

Abstract

This study shows that the birth of the Job Creation Perppu is in the background with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that Law Number 11 of 2020 concerning Job Creation is conditionally unconstitutional. The basis for the formation of the Perppu is the existence of state factors in a state of compelling emergency, in which the President has subjective authority to issue the Perppu as stated in Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The problem in this study is how to determine the matter of compelling urgency in the formation of Government Regulations in Lieu of Law (Perppu). Has the establishment of Government Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation met the element of compelling urgency? The research method used is normative juridical research using literature data from various literature, books, journals, laws and regulations, etc. Data analysis is carried out in a qualitative normative way. The results of the study show that the President has the authority to determine matters of compelling urgency based on the element of objectivity contained in the Constitutional Court Decision Number 138/PUU-VII/2009. First, there is an urgent situation or need to resolve legal problems quickly based on the law, Second, there is a legal vacuum or the existing law is inadequate, Third, there is no time for drafting laws with normal procedures. Then, the fulfillment of the element of compelling urgency in the formation of Perppu Number 2 of 2022 concerning Job Creation was not fulfilled. Because the urgency forced to deal with the state of national economic resilience on which the Perppu was formed did not occur in reality. The government's growth indicators and optimism in the national economy do not show a bad situation but develop well. The condition of legal vacuum or inadequate existing law is not met, because in the Constitutional Court Decision Number 91/PUU-XVIII/2020 the Job Creation Law continues to be enforced during the two-year improvement period, which in terms of content and content of the Job Creation Perppu is not significantly different from the Job Creation Law, and still re-enacts the law, articles that have been revoked if the lawmakers fail to improve. The time limit for the formation of the Law is not normally met, because the formation of the Job Creation Perppu is still in the period of revision of the Job Creation Law which is declared conditionally unconstitutional and does not make good use of the improvement time.