KONSTITUSIONALITAS PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA

Mohamad Ashif Barkhoya, NIM.: 19103070020 (2023) KONSTITUSIONALITAS PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

On 30th December 2022, President Joko Widodo issued a Government Regulation in Lieu of Law (PERPPU) which regulates job creation, as a form of implementation of the Constitutional Court decision number 91/PUU-XVIII/2020. Even though the Job Creation Perppu has been passed, with reasons of compelling urgency, the reasons for compelling urgency need to be reviewed from the perspective of a rule of law and siyasah dusturiyah, to answer whether the urgency is constitutional or unconstitutional. Therefore, the researcher formulated two problems to be studied in this study: First, How is the issuanceof Perppu Number 2 of 2022 viewed from a rule of law prespective?; second, how is the review of the Job Creation Perppu in siyasah dusturiyah perspective?. To answer those question, this study uses a juridical-normative type of research that examines literature with data sourced from laws and regulations and supported by data derived from legal literature. This study uses a statutory approach as well as a conceptual approach to explain the constitutionality of the formation of the Job Creation Perppu. The data obtained will be analysed using a descriptive-qualitative method. The theoretical framework used to analyze the problem is the rule of law theory and theory of siyasah dusturiyyah. The results of this study concluded that the reason for the urgency of the situation that became the basis for the issuance of Perpu Number 2 of 2022 was in order to provide legal certainty to business actors or investors and accelerate the recovery of the Indonesian economy, on the basis that the Constitutional Court decision Number 91/PUU-XVIII/ 2020, which provides a period of 2 years to improve the Job Creation Law, cannot be realised to establish policies that are strategic and have broad implications. However, when this Perpu was issued to revise the Job Creation Law which was previously declared conditionally unconstitutional by the Constitutional Court, this raised suspicions that this Perppu could have been issued for political reasons because the provisions regarding the existence of a Perpu issued to revise the Law have not been clearly regulated by legal regulations in Indonesia. In siyasah dusturiyyah perspective, the formation of Perppu Number 2 of 2022 is also in accordance with fiqh principle: جصسف الإياو ػهى انسػ ةٍ ي طُٕ تان صًهحة "A leader's policy towards his people depends on the benefit".

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