Employment Creation Law Contradicts the Constitution, KSPSI President: Thank You MK

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ACCURATE.CO – The President of the Confederation of All Indonesian Trade Unions (KSPSI) Andi Gani Nena Wea is grateful for the decision of the Constitutional Court (MK) regarding the judicial review of Law Number 11 of 2020 concerning Job Creation.

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In its decision, the Court stated, among other things, that the creation of the Job Creation Act was contrary to the Constitution, and ordered the DPR and the government to revise it within the next 2 years.

“We express our deepest gratitude to the panel of judges of the Constitutional Court who sided with truth and justice for all Indonesian people,” Andi Gani told reporters in Jakarta, Thursday (25/11/2021).

Andi Gani admitted that he was moved to tears when he heard the Constitutional Court’s decision when he held a demonstration with thousands of workers at the Horse Statue. According to him, the workers’ struggle to file a lawsuit to the Constitutional Court was not in vain.

“We believe that justice still exists in this country and we thank all workers in Indonesia who have fought tirelessly to oversee the process of this Constitutional Court trial,” he said.

Andi Gani admitted that he was very sure when he sued the Copyright Act at the Constitutional Court, this rule was not in favor of the workers. For this reason, he dared to take a big risk when he filed a lawsuit against the Job Creation Law to the Constitutional Court.

Andi Gani ensured that he would continue to oversee the struggle of workers, especially the determination of the minimum wage with other labor unions.

“For workers who are still struggling for the minimum wage, it is hoped that they will be orderly and continue to apply strict health protocols,” he explained.

It is known that the Constitutional Court has read out the decision regarding the formal review of Law Number 11 of 2020 concerning Job Creation, which was proposed by the labor group.

The Constitutional Court in its decision has granted the application for a formal review of the Job Creation Law which basically states:

1. The establishment of the Job Creation Law is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it is not interpreted as “no correction is made within 2 years since the decision is pronounced”;

2. The Employment Creation Act shall remain in effect until the establishment is corrected in accordance with the specified grace period;

3. Order the legislators to make improvements within a maximum period of 2 (two) years after the decision is pronounced and if within that time limit no corrections are made then the Job Creation Act becomes permanently unconstitutional;

4. If within a period of two years the legislators are unable to complete the revision of the job creation law, then the law or articles or materials that have been revoked or amended by the job creation law must be declared valid again;

5. Suspend all strategic actions or policies that have a broad impact and are not justified in issuing new implementing regulations relating to the Job Creation Act.[]

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