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Jakarta, CNN Indonesia –
Professor of Constitutional Law at Gadjah Mada University Zainal Arifin Mochtar said there were a number of formal flaws that could be explored in the discussion. Job creation law in the House of Representatives (DPR).
“I have to convey that this law was made with a problematic formal procedure, and that there are still many notes on material substance,” he said through an online press conference held by the Law School of the UGM, on Tuesday (6 / 10).
This, he said, could stem from various incidents during the discussion to back it up in the Plenary Session. Among them is the lack of public participation in the discussion of laws.
In the formation of a law, the public must receive minutes or notes from the beginning until it is finally decided to pass. This is to open space for the community to help oversee the formation of laws.
However, this did not occur in the discussion of the Employment Creation Law. The aspirations of the people he has received are supposedly ordered according to the wishes of the government and the RPD.
“Closed suction and selected, only certain parts are heard. In my opinion, this is like a person who does a thesis, already has a conclusion. Just look for data to back it up, as if you were listening to people, “he explained.
He then also questioned several DPR members who were said to have not accepted the final draft of the Act when they attended the Plenary Session. She called the meeting a formality.
“So the Plenary is like a blank check. What you just do, but then the draft is not distributed to each member. The members do not know what exactly to comment on,” he said.
Zainal said that after the ratification of the Work Copyright Act, the community should still control the points it contains. According to him, the possibility that the insert article is included in the law after being approved in the DPR is always there.
This is learning from the experience of the formation and amendment of laws that have occurred so far. When DPR submits the draft bill to the government for technical improvement, sometimes there are improvements that may exceed what it should be.
“The Electoral Law, for example, what we see we are seeing, there are additions to it. In the absence of a treaty, draft, control will be difficult,” he said.
At this stage, he admitted that there was no other way to thwart the Omnibus Law except through judicial review in the Constitutional Court (MK). However, according to him, public pressure can propel President Joko Widodo.
If the public continues to express their views on the Job Creation Act, Zainal hopes that Jokowi will consider signing the document. Although in general it does not have much impact, because the law will remain in force 30 days later.
In addition, the Department of Civil Law, Employment of the UGM, Nabila Risfa Zatti, said that her party found a number of ambiguous articles in the Employment Creation Law. Several articles are considered to have the potential to thwart the government’s goal of simplifying policies to boost investment.
“There are many provisions in the articles of the Employment Creation Law that require further regulation. This is contrary to the spirit that initially seemed to carry the Omnibus Law that wanted to simplify the policy,” he said.
From the labor law aspect, there are also articles that are considered strange in the law. For example in the case of severance pay for employees affected by layoffs (PHK).
He considered it strange that the Employment Creation Law regulates the maximum limit for severance pay. In fact, the Law should have established a minimum limit. If the maximum limit is set, then the company can determine a severance pay that is far from the maximum.
“It seems like a lot of details have been hastily done. In terms of the employment pool, there are a lot of things that need to be checked,” he continued.
Previously, the DPR accelerated the Plenary Meeting for the ratification of the Employment Creation Law on Monday (5/10). This policy has generated much criticism and controversy because it is considered to rob people of their rights, especially labor rights. Still, the government hopes that the Employment Creation Law can help economic recovery and encourage investment.
(fey / gil)
[Gambas:Video CNN]
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