Sangia Nibandera Law Research
Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026

Judicial Review Of Parliamentary Oversight on The Issuance of the Job Creation Emergency Law from the Check and Balances Perspective

Firna Dwi Ananda (Universitas Sembilanbelas November Kolaka)
Muhamad Aksan Akbar (Universitas Sembilanbelas November Kolaka)
Syamsul Rijal (Unknown)



Article Info

Publish Date
30 Jun 2026

Abstract

This study aims to analyze the mechanism of the implementation of the House of Representatives (DPR) oversight function towards the issuance of Government Regulation in Lieu of Law (Perppu) based on the 1945 Constitution and evaluate the application of the principle of checks and balances in the procedure of issuance and approval of Perppu Number 2 of 2022 concerning Job Creation into Law Number 6 of 2023. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach. The results of the study indicate that normatively, the 1945 Constitution has explained a strong mechanism of checks and balances where the DPR acts as a constitutional gateway through its legislative and supervisory functions to test the President's subjectivity regarding the parameters of "compelling urgency" as stipulated in the Constitutional Court Decision Number 138/PUU-VII/2009. However, the fact that the ratification of the Perppu on Job Creation indicates a weakening of the principle of checks and balances and is merely a mere formality. The House of Representatives (DPR) tends to ignore substantive material review and bypass emergency parameters to accommodate executive-heavy policies, as well as ignoring Constitutional Court Decision No. 91/PUU-XVIII/2020 concerning the obligation for meaningful public participation. This study recommends the need to codify the standard parameters of constitutional emergencies and strengthen parliamentary institutional independence.

Copyrights © 2026






Journal Info

Abbrev

snlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Sangia Nibandera Law Research (ISSN 3064-1349 / 3064-2000) is dedicated to advancing critical, contextual, and forward-looking legal scholarship that responds to the evolving dynamics of law in society. The journal focuses on interdisciplinary and comparative legal studies, emphasizing the ...