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Jakarta, CNN Indonesia –
Feri Amsari, an expert in constitutional law at the University of Andalas, doubts the option material test to the Constitutional Court (MK) as suggested by the President Joko widodo to a society that rejects Cipta Kerja Omnibus Law.
Feri said Jokowi had entrusted the Omnibus Law business to the Constitutional Court early last year. Furthermore, on September 1, the government and the DPR approved the revision of the Constitutional Court Law in no time.
“MK has been promoted to office by Jokowi. MK has been ‘bribed’ by the parties in MK. How can they come to a fair decision?” Ferry said to CNNIndonesia.com, Saturday (10/10).
Jokowi’s presentation to the Constitutional Court, Feri said, referred to the “Presentation of the Annual Report of the Constitutional Court 2019” at the Constitutional Court Building, on January 28, 2020.
The event was attended by MK leaders, from MK President Anwar Usman, DPR President Puan Maharani, and other related officials.
During the event, Jokowi, as quoted by various media, requested support from the Court regarding the presentation of the Omnibus Law of Employment Creation and Taxation so that each party has the vision of creating a law that is flexible, simple, competitive and responsive.
Furthermore, Feri said that the judicial review option is still legally regulated. Article 24C of the 1945 Constitution establishes that the decisions of the Constitutional Court are final, binding and must be obeyed.
In paragraph 1 of article 59 of the Constitutional Court Law, the Constitutional Court still has the authority to decide on the judicial review of the 1945 Constitution. Feri said that the president and the RPD are still obliged to review the law if so it is decided by the Constitutional Court.
“The decision of the Constitutional Court does not have to become law, but the law is binding according to the decision,” Feri said.
Previously, Jokowi advised the public to take legal action if they did not agree with the Omnibus Law on the Employment Creation Law. He relayed this after mass demonstrations took place in various regions.
“If there is still no satisfaction with the Employment Creation Law, please submit a judicial review to the Mahmakah of the Constitution,” Jokowi said via the Presidential Secretariat’s live Youtube broadcast, on Friday (9/10) .
However, the students objected to Jokowi’s option. According to them, Jokowi should repeal the Omnibus Law on the Employment Creation Law.
“Asking the people to carry out a judicial review in the Constitutional Court amid the fact that the rejection of various elements is proof that the president does not suit the interests of the people, but only softens the interests of the people. some parties that benefit from the law, “said BEM SI coordinator Remy Hastian in a written statement to CNNIndonesia.com, Saturday (10/10).
(dhf / wis)
[Gambas:Video CNN]
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