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Jakarta Post

‘Fatal’ errors found as Job Creation Law enters into force

Ardila Syakriah and Budi Sutrisno (The Jakarta Post)
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Wed, November 4, 2020 Published on Nov. 3, 2020 Published on 2020-11-03T20:17:32+07:00

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T

he highly contentious Job Creation Law that President Joko "Jokowi" Widodo signed on Monday contains what some legal experts consider “fatal" errors that expose a flawed legislative process, which may provide strong grounds for a judicial review at the Constitutional Court.

The government uploaded at the 11th hour on Monday the 1,187-page purported final document of Law No. 11/2020 on job creation on the official website of the State Secretariat, which allows it to enter into force nearly a month after it was passed by the House of Representatives and following a series of nationwide protests.

However, as various parties began poring over the details of the divisive piece of legislation, legal experts said they had found substantial errors in articles 6 and 175 that should technically void the document and render it ineligible for passage into law.

Given that these errors were found in the early pages of the manuscript, the experts said they expected to identify more errors as they studied it further.

Article 6 makes a clear reference to Clause 1a of Article 5 in stipulating improvements to the investment and business ecosystems by implementing a risk-based approach to business licensure, and by simplifying basic requirements for business permits, industry-specific permits and investments. Article 5 does not contain Clause 1a.

Meanwhile, Clause 5 of Article 175 on government administration refers back to Clause 3 of the same article, when it actually should have referenced Clause 4, experts found.

The fact that there were still errors in the final manuscript meant that the government should not be able to implement the articles in question, nor should they be able to derive any implementing regulations from them, said Bivitri Susanti, a constitutional law expert from the Jakarta Jentera School of Law.

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