Draft Law to Create Jobs That Seemingly Are Not Definitive …

JAKARTA, KOMPAS.com – Although it was ratified in the plenary session of DPR RI on October 5, 2020, it seems that the Omnibus Bill on the Job Creation Bill is not final.

Firman Soebagyo, a member of the DPR Body of Legislation, stated that some editorial improvements had still been made to the job creation bill.

Due to this condition, Firman is also concerned because many people have been provoked by a script whose editorial is not final and has been circulating on social networks.

“This means that this draft is not discussed at the same time as a final one, there are still processes that are gradually being refined,” Firman said in a written statement on Thursday (8/10/2020).

Also read: DPR Baleg: The draft of the job creation law is still being corrected but does not change the background

DPR Baleg Vice President Achmad Baidowi (Awi) agreed with Firman’s statement.

However, he stressed, the corrections made were limited to the maca sign errors. For example, the location of periods, commas, or letters.

“We already said it, we asked for the opportunity to give Baleg the opportunity to review again, fearing that there is a wrong period, wrong letter, wrong word or wrong comma. We cannot change the background because it has been a decision. said Awi when contacted, Thursday (10/8/2020).

This means that the correction is limited to the wording, not the substance.

Awi said editorial corrections to the bill that passed in plenary were normal.

Also read: PKS politicians ask DPR members not to make the final draft of the job creation law on the day of ratification

At the same time, he denied that the errors were caused by the hasty discussion and approval of the Bill for the Creation of Works.

According to him, based on article 72 subsection 2 of Law Number 12 of 2011 on the Formation of Legislative Regulations, the DPR has a maximum of seven days to present a bill that has been approved to the president.

“In the ratification of the bill, everyone has the opportunity to make corrections. Not to change the background. Also, our discussion of this law is limited by time, that is, three sessions. So it has to be ratified. But it is already finished, unless it is not finished yet it is problematic, “he explained. Awi.

“This has been completed at the Panja level, the writing team has finished. The typing is human, except one of the substances is not allowed,” he continued.

To reduce confusion?

Indonesian Parliament Community Concern Forum (Formappi) researcher Lucius Karus is concerned that the finalization process is not only changing the editorial, but also the content of the provisions of the Employment Creation through Smuggling Act. articles that harm workers.

Also read: The job creation law was approved when it was not finalized, Expert: Legal defect

“What if the draft has not been completed but has been finalized? There is a strong possibility that there is room to manipulate the articles according to the tastes of the authorities or the elite of the political party,” Lucius said on Thursday (10 / 8/2020).

This is because article 72, paragraph 2, does mention that the DPR has a maximum period of seven days to present a bill that has been approved to the executive.

However, there is no specific clause stating that within those seven days, DPR can change the text, although it is only limited to the publisher.

Fabian Januarius Kuwado Director of the Center for Constitutional Studies, University of Andalas, Ferry Amsyari

For his part, the expert in Constitutional Law from the University of Andalas, Feri Amsari, believes that the pronouncement that there is no final draft of the Employment Creation Law is only an attempt to calm the situation.

This is because the ratification of the Employment Creation Law has triggered a broad wave of action in various regions.

“For me, the impression is pulling the delay for tense conditions like this to relax, more or less to calm an angry public,” Feri said on Thursday (8/10/2020).

You also find it strange if it turns out that the final draft of the Job Creation Bill has not been completed.

This is because the bill that was passed in plenary session should have been the final text in all respects so that it could not be tampered with.

“That’s why the alibi is not justified. That for me is just a political talk so that people are calm,” Feri said.

Also read: Coordinating Minister Airlangga: 35 investors are concerned about the Omnibus Law because they read the draft of the previous law

If it is true that DPR is still reviewing the Job Creation Law, then according to Article 72 of Law Number 12 of 2011 on Legislation Formation, DPR has a maximum of seven days to present a bill that it has been approved to the president.

This means that at the latest, DPR must present the Job Creation Bill by October 12, 2020 to the executive for signature.

Then, article 73 stipulates that the president has a maximum period of 30 days to sign the bill from the moment it is approved.

If during that time the president does not sign, then the automatic bill is valid and must be enacted.