Don’t Ignore Formal Requirements

The initiative to revise and amend 79 laws through the formation of the law, in a process known as an omnibus law, was a legal breakthrough which had never been made by the government before.

Kompas/Wawan H Prabowo

The Constitutional Court (MK) held a preliminary examination hearing regarding the lawsuit for a virtual review of the Job Creation Law, Thursday (12/11/2020).

The Constitutional Court has made history. Although not a unanimous decision, it declared that Law Number 11 of 2020 concerning job creation was formally flawed.

Of the nine constitutional judges, four judges held a dissenting opinion. The Constitutional Court also ordered the government and the House of Representatives (DPR) to improve the procedures for the formation of the law within two years. If the change is not made, the Job Creation Law will be unconstitutional. As it is not in line with the 1945 Constitution, the law is null and void.