Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Legal Certainty in Tourism: How Does Judicial Review of Job Creation Omnibus Law Change Legislative-Judiciary Relation?

Authors
Andy Omara1, *, Novira Maharani1
1Universitas Gadjah Mada School of Law, Yogyakarta, Indonesia
*Corresponding author. Email: andyomara@gmail.com
Corresponding Author
Andy Omara
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_17How to use a DOI?
Keywords
Judicial review; Job creation omnibus law; Judiciary-legislator relation
Abstract

The issuance of Job Creation Law in 2020 raised so many controversies both the process and the content of the Law. Substantively, of the law consists of multiple topics which are not related each other. In addition, the lawmaking process contains serious problems such as lack of public participation. The Court ruled that Job Creation Law conditionally unconstitutional. The Court requires the lawmakers to fix the law-making process by involving public meaningfully. It means during the lawmaking process the legislator should satisfy 3 important elements. They are: the right of the public to be heard, to be considered, and to be explained. The lawmaker was not really happy with the Court decision because the Job Creation law is very important as the foundation for the government to invite more investors in Indonesia. This result in the parliament retaliates the Court by recalling one of the constitutional justices. Since then the relation between the Court and the Lawmaker change significantly. The paper will analyze how significant is the court ruling on Job Creation law change the relation between the judiciary and the legislator? The paper tentatively argues that post court ruling on Job Creation Law, there is a tendency that the lawmakers play more dominant roles compared to the Court. This can be seen on how the legislature determine the substitute Constitutional Court Justice and the reluctant of the legislature to properly follow up the Court ruling.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
978-2-38476-180-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_17How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Andy Omara
AU  - Novira Maharani
PY  - 2023
DA  - 2023/12/31
TI  - Legal Certainty in Tourism: How Does Judicial Review of Job Creation Omnibus Law Change Legislative-Judiciary Relation?
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 144
EP  - 150
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_17
DO  - 10.2991/978-2-38476-180-7_17
ID  - Omara2023
ER  -