The job creation law becomes the first wrong type of law after being signed by the president Page all

JAKARTA, KOMPAS.com – Constitutional law expert Yusril Ihza Mahendra said that a typographical error had occurred in the bill when he was serving as Minister to the Secretary of State during the presidency of Susilo Bambang Yudhoyono (SBY).

However, at the time, a typing error occurred when the president had not yet signed the bill.

The Employment Creation Law, he said, was the first law to be found poorly written after the Head of State signed the manuscript.

“My experiences in the past have also happened. It’s just that the president hasn’t signed it yet,” Yusril said during the broadcast of the “Rosi” event on YouTube. Compass TV, Thursday (05/11/2020).

“The first time it happened (the Employment Creation Law) it was signed by the president and he realized that there was a mistake,” he said.

Also read: Reveal the cause of the typographical error in the law of creation of works, Palace: Omnibus is not familiar

Based on his experience as secretary of state, Yusril revealed that there was not once or twice a typographical error in the bill that had been approved. However, this was not disclosed to the public.

Several times typographical errors were found in the draft bill that was sent to the Secretary of State after it was agreed by the government and the DPR through a plenary session.

To solve this problem, the Minister of State held talks with the DPR leadership to make corrections.

“The secretary of state held a discussion with the leadership of the RPD and corrections were made. Then, with a memorandum and a note from the secretary of state, the president was informed that this must be corrected,” explained Yusril.

Therefore, Yusril is of the opinion that typographical errors in the Employment Creation Law can only be corrected through discussions between the government and the DPR, even if the president has signed it.

Also read: Yusril doubts that the typographical error in the Employment Creation Law can be proven by the Constitutional Court

The correction of the typographical error is then recorded in the State Gazette. According to Yusril, this process is fine.

“If we focus on this issue alone, we do not debate more deeply than this law, it is actually just a technical matter, it has no influence on the interpretation or regulation of the law itself,” Yusril said.

“If there is such a technicality, I say we can finish it,” he said.

Previously, the government had recognized a typographical error in Law Number 11 of 2020 on Job Creation.

The government alleges that it is an administrative technical error so that it does not affect the implementation of the Employment Creation Law.

“Today we find technical errors in writing in Law No. 11 of 2020 on Job Creation. However, these errors are administrative in nature so they do not affect the implementation of the Job Creation Law,” said the minister secretary of Estado (Mensesneg) Pratikno in a written statement, on Tuesday (11/3/2020).

Also read: Many rejections of the job creation law, Vice President Maruf Amin does this

Meanwhile, according to searches Kompas.com, Tuesday (03/11/2020), a fatal typo was found in Article 6 in the chapter on improving the investment ecosystem and business activities.

Article 6 establishes that the improvement of the investment ecosystem and business activities referred to in Article 5, paragraph 1), letter a, includes (a) the application of risk-based business licenses; (b) simplification of basic business license requirements; (c) simplification of business licenses for the sector; and (d) simplification of investment requirements.

However, the reference to Article 5.1 is not clear because Article 5 of the Employment Creation Law does not have a paragraph.

Article 5 only says, the scope referred to in Article 4 covers the legal fields regulated in the relevant law.

Then there is also a typo in article 175 in the chapter on the implementation of government administration to support job creation.

Also read: Jokowi’s Millennial Staffsus letter instructed PTKIN students to attend job creation law discussions

Article 175 point 6 modifies Article 53 of the Government Administration Law Number 30 of 2014. Article 53 consists of 5 paragraphs that regulate the legal requirements for government decisions.

Paragraph (1) says, the time limit of the obligation to establish and / or take decisions and / or actions is given in accordance with the provisions of the law.

Paragraph (2), if the provisions of the legislation do not specify the time limit of the obligation referred to in paragraph (1), the government body and / or official will prescribe and / or take decisions and / or actions within a maximum of 5 business days after application Fully accepted by the government agency and / or office.

Paragraph (3), in case the request is processed through the electronic system and all the requirements in the electronic system and all the requirements in the electronic system have been met, the electronic system establishes the decision and / or action as a decision or action of an authorized government agency.

Paragraph (4), if within the time limit mentioned in paragraph (2), the government body and / or official does not prescribe and / or take decisions and / or actions, the request is considered legally granted.

Paragraph (5), the additional provisions on the form of decision-making and / or action that is considered legally granted to which paragraph (3) refers will be regulated in the Presidential Regulations.

Of course, the provisions of paragraph (5) refer to paragraph (4). Not in paragraph (3) as it is written in the Copyright Law.