Constitutional Review of Law No. 6 of 2023: Indonesian Workers at Stake

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Monday, 8 May 2023 18:04 0 302 setiawan

Constitutional Review of Law No. 6 of 2023. – indopelita. – On Tuesday, April 6th, 2023, the National Welfare Movement (GEKANAS) officially submitted a Constitutional Review application against Law No. 6 of 2023 concerning the Approval of the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation (PERPPU CIPTA KERJA) becoming law. In this article, we will explore what happened in this application, why GEKANAS submitted it, and its impact on Indonesia.

Who Submitted the Constitutional Review Application?

The National Welfare Movement (GEKANAS) is an alliance of labor unions and worker federations that includes dozens of federations and private and state-owned company unions. In addition, GEKANAS also involves academics, public figures, and labor observer institutions. The main purpose of this alliance is to fight for the rights and interests of workers in Indonesia.

What Was Submitted in the Constitutional Review Application?

The Constitutional Review application submitted by GEKANAS covers the Formal and Material Tests related to the amendment of Law No. 13 of 2003 on Labor and Law No. 30 of 2009 on Electricity contained in Law No. 6 of 2023.

Why Did GEKANAS Submit the Constitutional Review Application?

GEKANAS believes that the action of the House of Representatives of the Republic of Indonesia (DPR RI) in approving the PERPPU Job Creation to become Law No. 6 of 2023 is an action that disregards the Constitutional Court’s order to revise Law No. 11 of 2020 on Job Creation. This can undermine public trust in judicial institutions such as the Constitutional Court.

What Has Happened Before? Constitutional Review of Law No. 6 of 2023

Previously, the Constitutional Court had ruled that the Job Creation Law violated the constitution in several aspects, such as openness and aspiration absorption. However, the ruling was not followed up by the lawmaker to revise it. Instead, the President and DPR RI created the PERPPU CIPTA KERJA Law, which has relatively similar content to the Job Creation Law.

What Is the Impact of This Constitutional Review Application?

By submitting the Constitutional Review application, GEKANAS hopes that the Constitutional Court can declare that Law No. 6 of 2023 concerning the Approval of the PERPPU Job Creation is unconstitutional without any conditional terms. This decision is expected to bring positive changes for workers and the labor sector in Indonesia and restore public trust in judicial institutions.

What Are GEKANAS’ Demands? Constitutional Review of Law No. 6 of 2023

GEKANAS has several demands in this Constitutional Review application. First, they request the Constitutional Court to declare Law No. 6 of 2023. on PERPPU Job Creation as unconstitutional without any conditions. Next, they demand the strengthening of state electricity management as a constitutional mandate by rejecting electricity privatization. Finally, GEKANAS asks the government to increase workers’ purchasing power. Prevent inflation, and increase Worker Unions’ participation in every company to establish balanced negotiations.

What Does GEKANAS Expect from This Constitutional Review?

GEKANAS hopes that the results of this Constitutional Review. Will bring significant changes for workers and the labor sector in Indonesia. They want to see a stronger commitment from the government and DPR. RI in implementing the Constitutional Court’s decisions and protecting workers’ rights. In addition. The results of this Constitutional Review are expected to restore public. Trust in the judiciary. and ensure that the law-making process in Indonesia is transparent and democratic.

What Is the Constitutional Review Process? Constitutional Review of Law No. 6 of 2023

The Constitutional Review process involves submitting an application by an interested party, such as GEKANAS, to the Constitutional Court. Subsequently, the Constitutional Court will examine the application and decide whether the submitted law indeed violates the constitution or not. If the Constitutional Court decides that the law is unconstitutional, the government

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