The Constitutional Court’s decision on copyright law, Yusril rates the government as the lucky guy – archyde

“If it is purely unconstitutional, President Jokowi’s government is in a difficult position.”

REPUBLIKA.CO.ID, JAKARTA – Yusril Ihza Mahendra, former Minister of Justice and Human Rights and expert on constitutional law, said President Joko Widodo’s (Jokowi) government needs to immediately improve Law (UU) No. 11 of 2020 on the Job creation. Yusril pondered, if only the Constitutional Court (MK) decision was: Copyright Act purely unconstitutional, the Jokowi administration could be in a difficult position.

“It is still a good thing that the Constitutional Court ruled only partially unconstitutional. If it is purely unconstitutional, then President Jokowi’s government is really in a difficult position, ”said Yusril in a written statement on Friday (November 26th).

Yusril estimated that President Jokowi’s government will have a tough job after that Decision by MK to the Employment Act. The reason for this is that almost every government policy is based on all about right the.

Unless it is determined within the next two years, it is not possible to adopt a new policy on the basis of the Employment Creation Act. During this time, the government can make at least two efforts.

“First, strengthening the Ministry of Law and Human Rights as Legal center and will leader in revising the job creation law, ”said Yusril.

“Second, the government can immediately set up a Department of National Legislation to organize, synchronize and regulate all laws and regulations from the center to the regions,” he continued.

He stated that the Job Creation Act uses a collective law method that mimics the United States and Canada. However, this method is in conflict with Law No. 12 of 2011 on the Establishment of Legislation (PPP).

In the law, any procedural regulation or change must be subject to the PPP law. As for the law, it does not regulate the omnibus legal method.

“When the job creation law, created by mimicking the Omnibus Act, was formally tested by Act No. 12 of 2011, the law could therefore be repealed by the Constitutional Court,” Yusril said.

The Constitutional Court ruled that the process of creating the Employment Creation Act was contrary to the process of creating the law. As regulated by Law No. 12 of 2011 on the Introduction of Legislation.

“It is not surprising, and not surprising, when the Constitutional Court ruled the job creation law unconstitutional,” said Yusril.

“President Joko Widodo (should) act quickly to thoroughly revise the job creation law without waiting two years,” he continued.


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