Feeling lied to by DPR, LP Ma’arif NU will challenge the Employment Creation Law before the Constitutional Court. Page all

JAKARTA, KOMPAS.com – The Ma’arif Nahdlatul Ulama Education Institute (LP Ma’arif NU) will demand the Job Creation Law that has just been approved by the House of Representatives to the Constitutional Court (MK).

The lawsuit was filed after his party found an article related to education in the Omnibus Law, also known as the broom.

“In addition, it has been stipulated (decided) thus, it is mandatory judicial review true. If the others don’t, we will do it ourselves, “said LP Ma’arif NU boss Arifin Junaidi when contacted by Kompas.com on Tuesday (6/10/2020).

In addition to planning to sue him in Constitutional Court, LP Ma’arif NU also plans to take a political approach, with both the executive and legislative branches, to have the Job Creation Law revised.

Also read: The Fate of Employee Outsourcing in Job Creation Law

“Because for me we are not just a legal problem,” he continued.

LP Ma’arif NU is quite disappointed that there are still articles related to education in Copyright Law.

Furthermore, the DPR stated some time ago that the education group was excluded from the Employment Creation Law when it was still a draft.

“We are obviously very disappointed that previously we, along with other education providers, Muhammadiyah, TamanSiswa and others, have raised objections that education is included in the investment regime,” Arifin said.

“Frankly speaking, we are very disappointed. We feel that DPR, Commission X, who have stated that they were removed. After we felt reassured that they left us, they have also brought us down,” he continued.

Also read: KSPSI will present a material revision of the job creation law to the Constitutional Court

According to Arifin, with the existence of an article on education in the Employment Creation Law, it is the same as including education in the commercialized products.

The article to which it refers, specifically in paragraph 12 of Education and Culture, article 65.

In article 65, paragraph 1) of the Labor Law, it is established that the implementation of licenses in the education sector can be carried out through the commercial licenses referred to in this Law.

In the Employment Creation Law, the granting of commercial licenses is the legality granted to a commercial actor to start and manage a business and / or activity. This definition is contained in article 1.

Then Article 65.2 of the Employment Creation Law states that “Additional government provisions for the implementation of licenses in the education sector are regulated by government regulations.”

Also read: Confirmed by DPR, is there a way to repeal the Job Creation Act?

Arifin explained, Article 1 letter D of Law Number 3 of 1982 on Business Registration Obligations defines’ business as any action, action or activity in the economic sector, which is carried out by every entrepreneur with the purpose of obtaining profits. and / or earnings’.

Munurut Arifin, when education must take over a business license, it means that education is seen as seeking profit.

In fact, in the preamble to the 1945 constitution (UUD), the goal of the state is to educate the life of the nation. Furthermore, article 31 of the 1945 Constitution establishes that education is a right of every citizen.

“So there we don’t seek profit, but we are in the mood to educate the public and give them the right to education as citizens. How is it that they are included in the investment regime? How is this?”. Arifin said.

Also read: Commission X is concerned that education will be commercialized after the job creation law is regulated

“If you consider a business, there will be many citizens who will not get their rights,” he continued.

Arifin said that the Ma’arif NU educational institution is home to about 21,000 schools and madrasas, including those in remote areas of the country.

“If then we have to deal with a permit, of course we cannot, because the permits regulated in this law are detailed in a government regulation, of course the requirements are very heavy for profit, our schools and madrasas cannot comply” . Arifin said.

Previously reported, at the DPR Baleg Panja meeting, the DPR and the government agreed to include the education sector in the draft Law on Job Creation.

The agreement was decided at a working meeting to discuss the Job Creation Bill that took place on Thursday (9/24/2020).

Also read: Education is regulated by the Employment Creation Act, LP Maarif NU: We are very disappointed, we feel cheated.

However, the DPR has ratified the Omnibus Law of the Work Creation Bill through a plenary session, on Monday (10/5/2020).

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 education sector is still included in the House of Representatives and the government in the final draft of the Copyright Law.