CHECKS AND BALANCES DALAM PERPPU CIPTA KERJA

Faiqurrohman As-Syahri, NIM.: 20103040113 (2024) CHECKS AND BALANCES DALAM PERPPU CIPTA KERJA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Perppu Number 2 of 2022 concerning Job Creation is a continuation of the Job Creation Law, which was previously decided by the Constitutional Court with Decision Number 91/PPUU-XVIII/2020 concerning the constitutionality of Law Number 11 of 2020 concerning Job Creation. The verdict ordered the legislators to revise Law Number 12 of 2011 concerning the formation of legislation and include the omnibuslaw method in it, then to revise Law Number 11 of 2020 concerning Job Creation within 2 years, but the government actually issued the Job Creation Perppu. The act of issuing this Perppu does not comply with the Constitutional Court decision. This research aims to analyze checks and balances in the context of the Perppu on Job Creation and the relationship between the President and the DPR as lawmakers. This is certainly very damaging to the principle of checks and balances because there is an order to improve the law by the Constitutional Court as a negative legislative amendment to the positive legislature, namely the DPR, not issuing a Perppu. This type of research uses a juridical-normative nature by using the theory of checks and balances and the theory of legal politics, which is reinforced by the situation and conditions in issuing Perppu that do not apply meaningful participation as a condition for the issuance of Perppu, which is then passed into law. In the preparation of this juridical-normative thesis, the author uses a legal approach, political approach, and conceptual approach. The results of this study reveal that the principle of checks and balances between the President and the DPR did not go well in the ratification of the Job Creation Perppu. The issuance of the Job Creation Perppu did not follow the order of the Constitutional Court's decision 91/PUU-XVIII/2020. With the issuance of the Perppu, the President did not involve the DPR to improve the Job Creation Law, thus damaging the legislative relationship between the DPR and the executive. The findings of this study indicate that the issuance of the Perppu was not based on the interests of the community but only political interests, and the ratification of the Perppu into the Job Creation Law was influenced by the President's coalition in the DPR.

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