Research Article
Formal Testing of Creational Law in Constitutional Court Decisions
@INPROCEEDINGS{10.4108/eai.12-11-2022.2327375, author={Malik Putra Eman and Darwati Darwati}, title={Formal Testing of Creational Law in Constitutional Court Decisions}, proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2023}, month={2}, keywords={constitutional court decision; job creation act; procedural review}, doi={10.4108/eai.12-11-2022.2327375} }- Malik Putra Eman
Darwati Darwati
Year: 2023
Formal Testing of Creational Law in Constitutional Court Decisions
MIC
EAI
DOI: 10.4108/eai.12-11-2022.2327375
Abstract
As per Choice Number 91/PUU-XVIII/2020 of the Protected Court, a proper survey of the illegal Work Creation Regulation is restrictive yet active, with a two-year cutoff time for development. The formal law examination aims to ascertain the legitimacy of the stages, methods, and external forms of lawmaking. A regulation that is found to be conditionally unconstitutional during a formal examination theoretically does not have full legal force. As a result, it is critical to lead research on the traditional survey of the Gig Creation Regulation in the Established Court Number 91/PUU XVIII/2020 from a regulation standpoint. Conceptual and statutory legal normative methods are utilized in the research. secondary data gathered from literature research. To generate solutions to problems, all data are qualitatively processed. The outcomes demonstrate that inconsistent decisions result from the Constitutional Court's decision that the process for establishing the Job Creation Law is flawed, indecisiveness regarding restrictions on the suspension of government actions or policies that have a strategic and broad impact, as well as uncertainty regarding the enhancements to the P3 Law and the Job Creation Law. The government was forced to postpone the creation of the Job Creation Law's implementing regulations, amend the law to reflect the Constitutional Court's decision, and actively involve the community in its formation as a direct result of this.