Tracking The Validity Of Coercive Urgency In The Job Creation Act

DOI

10.2991/978-2-38476-164-7_28How to use a DOI?

Keywords

Coercive Urgency; Government Regulation In Liew Of Act; Job Creation

Abstract

In the event of coercive urgency, the President has the right to issue Government Regulation in Liew of Act (“Perppu”) and constitutionally is a legal product as stipulated in Article 22 of the 1945 Constitution. The existence of the Job Creation Perppu which has been passed into law by the Parliament, actually only replaces the cover of the Job Creation Act which has been declared conditionally unconstitutional by the Constitutional Court. Claim from the Government in the consideration of Perppu that implement the Constitutional Court Decision Number 91/PUU-XVIII/2020 and the event of coercive urgency should be questioned. This is made the Researcher propose the formulation problem “How is the Government discursive validity regarding the coercive urgency in the issuance of the Job Creation Perppu?”. This study is qualitative research using a mix-method based on Power – Knowledge relation and Deconstruction Theory with the hope that this research will show the government’s crafty strategy which still used the omnibus law method in the Job Creation Perppu. Formal improvements can only be seen by incorporation the omnibus law method into the Law on Formation of Legislation, but material improvements in the Job Creation Perppu which should be carried out in a democratic manner did not seem to provide participatory space for the community. The Government needs to evaluate the Perppu and prioritize public participation throughout the drafting of the Job Creation Law.

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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TY  - CONF
AU  - Dian Justian Ibrahim
AU  - Asep Bambang Hermanto
AU  - Rocky Marbun
PY  - 2023
DA  - 2023/12/21
TI  - Tracking The Validity Of Coercive Urgency In The Job Creation Act
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 300
EP  - 310
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_28
DO  - 10.2991/978-2-38476-164-7_28
ID  - Ibrahim2023
ER  -