KONSTITUSIONALITAS PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA

Abstract

The government (President) stipulated Government Regulation in Lieu of Law Number 2 of 2022 at the time of the Constitutional Court Decision requiring the government to make changes to Law Number 11 of 2020 concerning Job Creation within a period of two years. Instead of implementing the decision of the Constitutional Court, the President instead issued a Perpu which created new constitutional problems. The Job Creation Perpu does not meet the criteria of compelling urgency as mandated by the 1945 Constitution. The President ignores the judicial nature of the Constitutional Court which adjudicates at the first and last level whose decisions are final and binding. This President's action can be categorized as unconstitutional, furthermore as defiance of the Constitutional Court Decision.