Asian Journal of Social and Humanities
Vol. 1 No. 09 (2023): Asian Journal of Social and Humanities

Analysis of the Legitimacy of the State of Emergency in Forming Perppu Number 2 of 2022 Concerning Job Creation

Fadil Cakra Perdana (Universitas Muhammadiyah Malang)
Yogi Syahputra Alidrus (Universitas Muhammadiyah Malang)



Article Info

Publish Date
04 Jun 2023

Abstract

This study aims to analyze the establishment of Perppu number 2 of 2022 concerning Job Creation. Is the establishment of a work copyright law by the president of the Republic of Indonesia as the head of government something objective. Therefore, in this paper, a maximum of two problem formulations are conceptualized, namely 1) Benchmarks of Compelling Crucial Issues as a runway in forming Government Regulations in Lieu of Laws, and 2) Analysis of Legal Implications of Perppu Number 2 of 2022 concerning Job Creation. Starting from these problems, this paper uses normative legal research with various literature such as books, journals, and statutory regulations (Statute Approach) and also uses a historical approach (Historical Approach) and a comparative approach (Comparative Approach) as a knife. analysis that the making of Perppu number 2 of 2022 concerning Job Creation is a policy that is very inconsistent with the needs that exist in society in Indonesia. From this conception two major findings can be found 1) Knowing the benchmarks in forming a Government Regulation in lieu of Law in accordance with the Constitutional Court Decision number 138/PUU/-VII/2009 is in line with supported theories and dogmas so as to realize findings based on a coherent and systematic concept, and 2) Knowing whether the formation of Perppu number 2 of 2022 concerning Job Creation is an effective regulation, so that effectiveness brings a black shadow in the formation of Perppu number 2 of 2022 so that the legal implications that the author analyzes are the formation Perppu number 2 of 2022 concerning work copyright is a Constitutional Disobedience regulation and is not in accordance with the Constitutional Court Decision Number 138/PUU-VII/2009 Regarding Emergency Conditions.

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Journal Info

Abbrev

jsh

Publisher

Subject

Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Asian Journal of Social and Humanities is a scientific journal in the form of research and can be accessed openly. This journal is published once bimonthly by Beritrust Publisher. Asian Journal of Social and Humanities provides a means for ongoing discussion of relevant issues that fall within the ...