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Aiming at jobs law, unions attack legal basis for omnibus legislation

Organized workers have registered a petition for a judicial review of the 2011 Law on the drafting of laws and regulations, which serves as the legal framework for the controversial Job Creation Law.

Vincent Fabian Thomas (The Jakarta Post)
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Jakarta
Tue, June 28, 2022

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Aiming at jobs law, unions attack legal basis for omnibus legislation Workers joined by lawyers representing various labor organizations speak to the press at the Constitutional Court on June 27, 2022, after submitting a petition for a judicial review of the 2011 Law on the drafting of laws and regulations. (KSPI/Brada)

O

rganized workers have registered a petition for a judicial review of the 2011 Law on the drafting of laws and regulations, which serves as the legal framework for the controversial and previously “procedurally unconstitutional” Job Creation Law.

Dozens of labor organizations, including the Confederation of Indonesian Trade Unions (KSPI) and Indonesian Workers Union Association (Aspek), are backing the petition, which was registered with the Constitutional Court on Monday.

The unions say the omnibus method can only be used for the combined revision of several regulations if those regulations pertain to similar matters.

Lumping together multiple laws on different subjects under a single new law is unconstitutional, the petitioners claim.

“We also demand that any new bill that has been passed by lawmakers in a plenary session can no longer be changed [prior to being signed by the president],” KSPI president Said Iqbal said in a statement.

Back in 2020, lawmakers in the House of Representatives were found to have made several changes after the Job Creation Law had been passed in October, resulting in multiple versions with different page numbers. The House claimed the changes were purely redactional, but activists said they changed the content as well.

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