The Political Capability Regarding the Urgency of Compulsion in Law Number 6 of 2023 Concerning Job Creation Post Constitutional Court Decision Number 91/PUU-XVIII/2020: A Siyasah Dasturiyah Perspective

Nurhikma Nurhikma (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)
Risma Aldani (Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia)

Proceedings of International Conference on Religion, Social and Humanities
Vol 3 (2024): Towards Equality: The Role of Religion in Advancing Social Justice

The Job Creation Law is the first regulation in Indonesia to use the omnibus law method, leading to formal defects because the government enforced an omnibus law approach, typically used in common law/Anglo-Saxon systems, within Indonesia's continental European legal system. Consequently, the Job Creation Law underwent a formal judicial review by the Constitutional Court. On November 25, 2021, the Constitutional Court issued Decision Number 91/PUU-XVIII/2020, declaring the Job Creation Law conditionally unconstitutional. The formation of this law was a governmental response to the Constitutional Court's Decision Number 91/PUU-XVIII/2020, replacing Law Number 11 of 2020 concerning Job Creation. From the perspective of siyasah dusturiyah (constitutional politics), the government has the authority to issue government regulations in lieu of laws (PERPPU). The government is permitted to issue a PERPPU in emergency situations that are unforeseen and cannot be anticipated. Moreover, there are three conditions that justify the issuance of a PERPPU: jihad, bughat, and hirabah. However, the formulation of the Job Creation PERPPU, considering the Constitutional Court's Decision Number 91/PUU-XVIII/2020, allowed a period of two years, which does not meet the emergency conditions in Islam.