CD Skripsi
Analisis Urgensi Pembentukan Peraturan Pemerintah Pengganti Undang-Undang Republik Indonesia Nomor 2 Tahun 2022 Tentang Cipta Kerja
ABSTRACT
The Indonesian government has recently passed a law using the Omnibus
Law concept, which was later named the Job Creation Law. In terms of the birth
of the Job Creation Perppu, this is a picture of the existence of legal inequality,
especially in terms of the formation of laws and regulations, the position of the
Constitutional Court and the People's Representative Council was ignored in the
birth of the Job Creation Perppu where the Constitutional Court gave the
People's Representative Council time to improve the Job Creation Law. In reality,
the President used his power to form a Perppu on the pretext of urgent matters
that forced the President and the People's Representative Council to discuss it
and accelerate the revision of this Job Creation Law in accordance with the
Constitutional Court's decision. Non-compliance with the Constitutional Court
can threaten the stability of law and justice in Indonesia. Therefore, efforts are
needed to improve compliance and implementation of the Constitutional Court's
decision in Indonesia.
This study uses Normative legal research which is also called doctRinal
legal research. Finding the truth of coherence, namely whether there are legal
rules in accordance with legal norms and whether there are norms in the form of
commands or prohibitions in accordance with legal principles and whether a
person's actions (acts) are in accordance with legal norms or in legal research it
is called research on legal principles (not only in accordance with legal rules) or
legal principles. In this study, the data analysis carried out is qualitative analysis,
which is a research procedure that produces descriptive data, data obtained from
primary and secondary legal materials.
The conclusion is in the form of the urgency of the birth of the Ciptaker
Perppu due to global dynamics so that according to the government of President
Joko Widodo (Jokowi) there needs to be an effort to give birth to the Cipta Kerja
Perppu with the aim of facilitating investment and simplifying laws and revoking
or changing several Laws and Regulations as a form of harmonization of Laws in
Indonesia and the President in giving birth to the Cipta Kerja Perppu ignored and
did not meet the objective requirements of compelling urgency according to the
contents of the Constitutional Court DECISION NUMBER 91 / PUU-XVIII /
2O2O for the birth of the Cipta Kerja Perppu. The suggestion is that there needs
to be a clear explanation and legal certainty from the laws and regulations that
explain the meaning of urgent matters that force so that there is no abuse of
authority by the president in issuing the Perppu and the DPR should not approve
the issuance of the Perppu because the basis for the birth of the Job Creation
Perppu was in a hurry and did not fulfill the meaning of urgent matters that force
Keywords: Job Creation Perppu, President, Constitutional Court Decision.
Tidak tersedia versi lain