Investment in Indonesia After Constitutional Court’s Decision in the Review of Job Creation Law

Abstract

In 2021, the Indonesian Constitutional Court decided conditionally unconstitutional in the review of the Job Creation Law. It was among a few decisions made by the Constitutional Court to accept a formal review, even if some dissenting opinions followed it. While the decision has largely influenced a wide array of regulatory laws because the Job Creation Law adopts the omnibus law model, the pivotal issue in this paper rests on the legal basis for investment in Indonesia after this decision. Firstly, it enquired whether the Constitutional Court exceeded its power for a procedural judicial review against the Job Creation Law. Second, it discussed the legal basis for investment in Indonesia after the Constitutional Court's Decision No. 91/PUU-XVIII/2020. Using normative research, the results showed that with the conditional unconstitutional decision, the Indonesian investment world would experience legal uncertainty for the next two years, especially new businesses, licensing, and investments with the enactment of the Job Creation Law. In particular, if the legislative branch failed to improve this law over two years, businesses, licensing, and investments in Indonesia might have no legal basis, resulting in the uncertain situation of the government’s desire to realize the friendly investment.

The Authority Of Bank Indonesia In Issuing Legal Products According To The State Auxillary Agencies Theory

“…There are three approaches used in this research, namely: statutory regulatory approach, and conceptual approach. 24 In terms of character, this research is a descriptive study. Descriptive research describes something in a certain time and area.…”

Analisis Keberlakuan Peraturan Pemerintah Turunan Undang-Undang Cipta Kerja Pasca Putusan Inkonstitusional Bersyarat

“…Pasca dikeluarkannya Perpu ini, banyak yang menuai pro dan kontra atas kebijakan tersebut. Dari sisi akademisi, dikeluarkannya sebuah Perpu tentunya harus didasarkan atas ikhwal kegentingan yang memaksa (Martínez, 2022;Nurhayati, 2022b;Shalihah, 2022b). Ini sesuai amanat dan ketentuan yang ada dalam UUD 1945 Pasal 22 Ayat 1(satu), yang kemudian diperjelas Pasal 1 angka 4(emapat) dari Undang-Undang No.…”

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

“…Judicial Review exists to play an important role in upholding legality and administrative justice in the Indonesian legal system. The Indonesian Constitutional Court has become a beacon of this commitment, widely recognized for its dedication in safeguarding the constitution as a living law in the country (Nurhayati et al, 2022). Through a rigorous review process, the agency ensures that government actions are in line with constitutional principles, thereby protecting citizens' rights and fostering a culture of accountability.…”

“…Through its commitment to upholding the constitution and ensuring procedural fairness, the institution plays an important role in shaping the country's legal landscape and advancing its democratic aspirations. (Nurhayati et al, 2022;Shakti et al, 2023).…”