Saturday, April 20, 2024 | 04:45 WIB

The Morass of the Job Creation Perppu

Ferdian
Ferdian Andi, Executive Director of the Center for Public Policy and Legal Studies (Puskapkum), Constitutional Law/State Administrative Law lecturer at the Sharia and Law

Regarding this point, the option of legislative review to be used as an instrument of control over legal norms in law becomes a rational choice to bring back public involvement. This mechanism is a minimalist option amid the deficit of Job Creation integrity in public. Also, this option will not cause much political or legal turbulence. 

Substantially, the legislative review mechanism can be interpreted as an instrument to re-establish citizen involvement in law-making. According to David Estlund and Hélène Landemore in The Epistemic Value of Democratic Deliberation (2018), the important points in the practice of deliberative democracy are an exchange of ideas, full inclusivity, and freedom and equality. 

In a philosophical sense, this legislative review instrument enables the restoration of Parliament’s function as a representation of ideas, whose duty is to fight for the citizens’ ideas and aspirations through law-making in Parliament. Meanwhile, the President, in his legislative function, can backtrack to the starting point as the one holding the people’s mandate to establish laws that are true to the people’s aspirations. 

Practically, this mechanism is not unattainable. After the House of Representatives passes the Perppu into Law, the House and the President may agree on changes to the law regarding the stipulation of the Job Creation Perppu. The amendment to this law welcomes an opportunity to initiate public discourse through parliament with a legislative review mechanism. 

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This pattern was once implemented, in 2015, when the House of Representatives approved Perppu No. 1 of 2014, concerning the Election of Governors, Regents and Mayors to become law. At the same time, the House and the President agreed on a number of amendments to the norms that require changes. 

So, to answer the previous question: Is it possible for the House of Representatives and the President to amend the Job Creation Law while initiating public discourse to discuss the substance of Job Creation? The answers lie in good faith and the political will of the legislators.

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