JAKARTA, COMPASS.com – The Constitutional Court (MK) has ruled that Law (UU) No. 11 of 2020 on conditional unconstitutional job creation.
The verdict was read on Thursday (25/11/2021) during the formal review process of the Job Creation Act at the Jakarta Constitutional Court building.
The Constitutional Court held that the Job Creation Act was unconstitutional because it was formally flawed because the discussion process was not in accordance with the rules and did not meet the element of openness.
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The Court ruled that the merger method or the omnibus law in the Job Creation Act was not clear whether the method was the making of a new law or a revision.
Subsequently, the court ruled that the Job Creation Act did not observe the principle of disclosure in its drafting, even though it had held several meetings with different parties.
However, the meeting is deemed not to have reached the stage of the substance of the law. Likewise, the draft Job Creation Act is also not deemed easily accessible to the public by the Court.
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“So that the people involved in the meeting are not sure about the content of any legal changes that will be included in Law 11/2020,” according to the discussion in the text of the Court’s ruling on the Copyright Act.
“Academic manuscripts and drafts of the Creation Act are also not easily accessible to the public. In fact, Article 96(4) of Act 12/2011 requires access to the Act to facilitate the public in providing oral and /or or written input,” the decision continued. .
In addition, the court also found that after the joint approval of the DPR and the president, there were changes in the writing of several substances. However, once the law has been passed by the DPR, no more changes are allowed.
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Therefore, the Court ruled that the Job Creation Act was unconstitutional as long as it was not amended within two years of the verdict being read.
If no changes are made within two years, the Job Creation Act will automatically be declared permanently unconstitutional.
In addition, the Court stated that all laws in the Copyright Omnibus Act remain in effect until further notice.
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