Anggraini, Rahmi Dwi (2024) Analisis Putusan Mahkamah Konstitusi Nomor 91/puu-xviii/2020 terhadap Pengujian Formil Undang-undang Nomor 11 Tahun 2020 tentang Cipta Kerja. Other thesis, Universitas Islam Riau.

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Abstract

The Omnibus Law concerning Job Creation in its formation is not in accordance with Law Number 12 of 2011 concerning the Formation of Legislative Regulations. So Law Number 11 of 2020 concerning Job Creation was tested at the Constitutional Court because it was considered without paying attention to the principles of openness and community involvement so this certainly did not meet the provisions based on the constitution. Thus, the formulation of the problem in this research is: First, what are the legal considerations of Constitutional Court Judges in deciding Case Number 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 concerning Job Creation. Second, what is the impact of the legal vacuum caused by the revision of Law No. 11 of 2020 for 2 (two) years since decision No. 91/PUU-XVIII/2020 was pronounced. This type of research uses normative legal research. The type of data in research uses primary data and secondary data. This research uses literature study techniques to analyze Constitutional Court decisions, data analysis points using qualitative descriptive methods by explaining, describing and describing problems in accordance with this research. Based on research, the results obtained are: 1. This decision was made based on the consideration that the Job Creation Law uses methods that are not known in the Indonesian legal system, violates the principles of forming good laws and regulations, and does not involve maximum public participation. 2.The implication of this decision is that the Job Creation Law will be declared unconstitutional if it is not revised within two years. Apart from that, there are suspensions and prohibitions on issuing implementing regulations that are strategic in nature and have a broad impact on society and are related to the Job Creation Law.

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