Fahri Hamzah: The court has the potential to cancel all articles of the Job Creation Act. Page all



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JAKARTA, KOMPAS.com – Former DPR Vice President Fahri Hamzah assessed that the Employment Creation Law, which was just approved by the DPR on Monday (10/5/2020), has the potential for all its content to be canceled by the Constitutional Court (MK).

The writing of a law, according to him, must follow the rules that have been in force. In this case, a new beleid should not immediately remove a rule that has been established in other regulations.

all the law that automatically clearly violates the constitution. Because the principle is that in a democratic country, it is not allowed to take away (other) legal rights, “Fahri said in a written statement on Wednesday (7/10/2020), quoted by the press. Tribunnews.com.

Also read: These are the pros and cons that appeared after the approval of the Omnibus Law on the work creation law

The Gelora Party Vice President explained that the Employment Creation Law, which the government and DPR had sped up its drafting process, was not a revised regulation, but a new rule made by breaking many existing regulations.

According to him, if there are rules in other regulations that are considered inappropriate, then the mechanism that the government can do is to issue government revisions or regulations instead of laws (perppu).

“Law making should refer to the procedures for making laws, not just a matter of socialization, but it should wear a perppu and be tested in the DPR,” Fahri added.

Also Read: Chaos Demonstration Rejects Job Creation Law In Bandung, 9 Insured People With Student Status

Furthermore, he said, various clauses of the Employment Creation Law also have the potential to violate human rights.

“This is not open politics, but legal policy. The Employment Creation Law is considered by the public and the constitution strips the public and the people of their rights, so it has the potential to be completely overturned by the Constitutional Court. It can be totally canceled by the Constitutional Court, “Fahri said.

The DPR has confirmed the general law of the Cipta Kerja bill through a plenary session, on Monday (10/5/2020).

Also read: Luhut affirms that the omnibus law believes that work does not harm people

Of the nine factions in the DPR, only the Democratic Party and the Prosperous Justice Party faction rejected all the results of the deliberations on the Job Creation Act.

As a result, the Job Creation Bill still became law. Most of the government and DPR factions agree.

The government, represented by Economy Coordinating Minister Airlangga Hartarto, said that the Job Creation Bill was necessary to increase the efficiency of the bureaucracy and increase employment.

According to him, the Job Creation Bill will provide benefits for the community and the government.

“We need to simplify, synchronize and cut the regulations. For that, a Job Creation Law is needed to review several laws that hinder the achievement of goals and job creation. The law is also an instrument and simplifies and increases the effectiveness of the bureaucracy, “Airlangga said.

This article has been published on Tribunnews.com with the title “Fahri Hamzah says law to create potential job canceled by MK”

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