TINJAUAN YURIDIS PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU/XVIII/2020

Abstract

In 2020 Indonesia was Constitutional Court Decision Number 91/PUU-XVIII/2020. In
the decision the Job Creation Law was declared conditionally unconstitutional and gave 2
years to complete the revision of the job creation law, but on December 30 2022 the
Government postponed Government Regulation in Lieu of Law Number 2 of 2022 concerning
Job Creation. Since the promulgation of this Perppu, there has been much debate in the
community, so there are pros and cons to the enactment of this Perppu. Therefore it is
necessary to know about the process of forming Perppu Number 2 of 2022 concerning Job
Creation which is linked to the Constitutional Court Decision Number 91/PUU-XVIII/2020.
The purpose of this research was to find out the background for the issuance of Perppu Number
2 of 2022 concerning Job Creation by the President, as well as whether the establishment of
Perppu Number 2 of 2022 is in accordance with the Constitutional Court Decision Number
91/PUU-XVIII/2020 and to find out how it should be Following up on the Constitutional Court
Decision Number 91/PUU-XVIII/2020 by the President.
This research is a normative legal research. Normative legal research that examines and
examines literature or secondary data, by taking quotations from the literature that is related
to the problem to be studied. As well as a statutory and conceptual approach, in this way this
study uses 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 discussion and research conducted, several conclusions were
obtained, namely: First, the background to the issuance of Perppu Number 2 of 2022 by the
President is a matter of urgency that compels and as a continuation in implementing the
Constitutional Court Decision 91/PUU-XVIII/2020, Second, the Establishment of Perppu
Number 2 of 2022 is not in accordance with the Constitutional Court Decision Number
91/PUU-XVIII-2020. Because the subjectivity of the President which is the main reference for

establishing a Perppu is contained in the Constitutional Court Decision Number 138/PUU-
VII/2009. Third, a decision of the constitutional court must be respected but must also be

obeyed and maintained in its implementation. The Constitutional Court's Decision Regarding
Job Creation as a legal product, the Job Creation Law should have been corrected first.
Keywords: Formation of Perppu Number 2 of 2022 concerning Job Creation