Regulate: Jurnal Ilmu Pendidikan, Hukum dan Bisnis
Vol. 2 No. 4 (2025)

The Effectiveness of Formal and Material Testing in the Constitutional Court's Decision on Law Number 11 of 2020 concerning Job Creation

Noval Nur Aditya (Unknown)
Putra Muhammad Zulfa (Unknown)
Rossa Avriliani (Unknown)
Widia Saraswati (Unknown)
Utang Rosidin (Unknown)



Article Info

Publish Date
13 Dec 2025

Abstract

This study examines the effectiveness of formal and material review conducted by the Constitutional Court of Indonesia (Mahkamah Konstitusi/MK) in safeguarding the constitutionality of laws, with a case study on Constitutional Court Decision Number 91/PUU-XVIII/2020 concerning Law Number 11 of 2020 on Job Creation. The research employs a library research method by analyzing relevant literature, academic journals, and court decisions. The findings reveal that the formal review highlighted significant procedural flaws in the legislative process of the Job Creation Law, particularly regarding the principles of transparency, public participation, and discrepancies between the approved and enacted texts. Consequently, the Constitutional Court declared the law conditionally unconstitutional, granting a two-year period for legislative improvements. Meanwhile, in the material review, most petitions were rejected as the contested provisions were considered part of the legislature’s open legal policy, despite concerns over labor rights protection and environmental sustainability. The effectiveness of Constitutional Court decisions in ensuring legal certainty largely depends on their compliance and implementation by lawmakers, as well as the extent of public dissemination. Thus, while the Court plays a vital role as the guardian of the constitution, its decisions still face challenges in practical enforcement.

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Journal Info

Abbrev

i

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

Description

Regulate: Jurnal Ilmu Pendidikan, Hukum dan Bisnis is a peer reviewed journal published by Penerbit Hellow Pustaka. The journal is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of Learning, Teaching, Media and Method, Education ...