Of the three options, the most compatible formula must be discovered, to allow restoring the integrity of the Job Creation Law by involving as much public participation as possible through Parliament as a forum between the state and its citizens.
The first option is the formal review and judicial review at the Constitutional Court. If the option is chosen, whether approved or denied, the decision will not generate any dialogue between the state and citizens. This was confirmed in the Constitutional Court’s decision on the Job Creation Law.
In the second option, the House of Representatives rules out the Job Creation Perppu. From the perspective of political configuration in parliament, this option is rather unfeasible since most of the factions are in the Government coalition. This was also confirmed in the level-2 decision-making on Wednesday (February 15, 2023), when the majority of factions in the House concurred to enact the Job Creation Perppu into law. Only two factions opposed the enactment, the Democratic Party and the Prosperous Justice Party (PKS).
Moreover, selecting this option will involve an intricate process. If the House of Representatives rejects the Perppu, at the same time, the regulation must be revoked and declared null and void. The revocation of the Perppu is stated in the Bill containing the legal consequences for the Perppu revocation. The approval of the Bill on Perppu Revocation into Law happens at the same time when the House disapproves the Perppu to becoming Law. Indeed, this option requires a complex mechanism.
The third option denotes the House of Representatives approving the Perppu to become Law. The House is currently pursuing this option. On paper, this option offers an opportunity to welcome a discourse between the state and citizens through legislative review. The question remains: Is it possible for the House and the President to implement the legislative review option?
Public Discourse
From the very beginning, the regulations on Job Creation have been problematic, particularly with procedural (formal) issues, both in the Job Creation Law and the Job Creation Perppu. One critical point is none other than public involvement in the planning and discussion of the regulation. The Constitutional Court also pays special attention to this point by emphasizing meaningful participation that must be carried out in drafting laws.