ANALISIS KEPATUHAN HUKUM DEWAN PERWAKILAN RAKYAT DAN PRESIDEN ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 TENTANG CIPTA KERJA

Abstract

Constitutional Court Decision No 91/PUU-XVIII/2020 states that the Job Creation
Law is conditionally unconstitutional and still valid with a 2-year deadline for improvement.
The follow-up to the court's decision is aimed at the DPR and the President should make
improvements to Law Number 11 of 2020 concerning Job Creation. However, the action
taken by the DPR is to make changes to the Law on the Establishment of Laws and
Regulations, which is the advice of the judge who dissented opimion. Meanwhile, Indonesian
President Joko Widodo issued Perrpu Number 2 of 2022 concerning Job Creation, this
explicitly aborted the conditional unconstitutional status of Law No. 11 of the Year 2020
About Job Creation.
This research is a normative legal research. It is based on literature research that
takes excerpts from reading books, or supporting books related to the problem under
study. This study used secondary data sources consisting of primary, secondary, and
tertiary legal materials. This study also used qualitative data analysis and produced
descriptive data.
From the results of the research and discussions carried out, it is necessary to have
an ideal system to improve the application of the Constitutional Court decision in
accordance with the principle of erga omnes. The results showed that to optimize the
principle, cooperation efforts between the Constitutional Court and other state institutions
or adressat decisions are needed in implementing it. One of them is by directly appointing
the competent state agency in the consideration of the decision to follow up. This can be
combined with the application of judicial deferrals and the granting of a deadline for the
enforcement of judgments imposed on the adressats as a determinant representation of legal
boundaries and certainty.