Judicial review brought against Indonesia’s job creation decree

By Stefanno Sulaiman

JAKARTA (Reuters) – A group of Indonesians on Thursday asked the Constitutional Court to carry out a judicial review of President Joko Widodo’s controversial emergency regulation on jobs creation, calling it a violation of the court’s earlier ruling.

The president issued the emergency regulation on Dec. 30 to replace the 2020 Jobs Creation law, arguing global economic uncertainty and potential for global economic crisis this year meant authorities have to move fast to attract investors.

The Jobs Creation law revised more than 70 other laws and was lauded by foreign investors for streamlining business rules in Southeast Asia’s largest economy, but was controversialbecause it was seen as hurting labour rights and eroding environmental protection.

That law had been declared partially unconstitutional by the court in 2021, due to inadequate public consultations. The court ruled that lawmakers must complete a renewed debate process within two years.

The emergency regulation has been condemned by some legal experts, including former Constitutional Court Chief Justice Hamdan Zoelva who said there was no emergency allowing the president to make the move.

Law and Human Rights Minister Yasonna Laoly told Reuters the government was ready to answer for the judicial review at the court.

Petitioners include university students, an attorney and labour support group Migrant CARE.

“This is a form of disobedience of the constitution by the president,” petitioners’ lawyer Viktor Santoso Tandiasa told Reuters. “This sets a very dangerous precedent if every state institution follows this process of not following (the Constitutional Court’s ruling),” he said.

Siti Badriyah of Migrant CARE told Reuters: “We ask the court to revoke (the regulation)”.

The court has received the judicial review application, which would be reviewed before a hearing is scheduled, its spokesperson said.

(Reporting by Stefanno Sulaiman; Additional reporting by Ananda Teresia and Fransiska Nangoy; Writing by Gayatri Suroyo, Editing by William Maclean)

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