LEGAL POLITICAL ANALYSIS OF COURT DECISIONS CONSTITUTION NO. 91/PUU-XVIII/2020 ON THE MATERIAL REVIEW OF THE JOB CREATION LAW FROM THE PERSPECTIVE OF LEGISLATION REFORM AND STRENGTHENING THE PRINCIPLES OF THE LEGAL STATE IN INDONESIA

Abstract

Study This aim For analyze political law to Decision Court Constitution no. 91/PUU-XVIII/2020 in testing material Law no. 11 of 2020 concerning Creation Work , in particular related to the formation process and substance arrangement regulations through Omnibus Law method . The birth of Constitution Creation Work is policy political law government directed For push acceleration growth economy and investment through simplification regulation . However , the legislative process for this law cause polemic public Because assessed No fulfil principle formation regulation good legislation , especially principle openness and participation meaningful public . Decision Court Constitution state that the Job Creation Law Work status unconstitutional conditional and ordered repair in term time two years , so that implementation regulations limited and not may give birth to policy strategic and regulatory implementer new . Research This use method study law normative with approach legislation , approach case , approach conceptual , and approach historical . Data collected through studies documentation and studies library , then analyzed in a way qualitative prescriptive . Research results show that Constitutional Court Decision No. 91/PUU-XVIII/2020 is in effect as instrument control constitutional to practice legislation that is considered No obedient procedures and tend to elitist . Verdict This become fundamental correction for practice formation Constitution and momentum for strengthen principles of the rule of law , democracy , and legislative reform in Indonesia. Research This recommend the need formation regulations that govern in a way clear technique preparation of the Omnibus Law in system Indonesian legislation so as not to cause uncertainty future law.