PRESS RELEASE

CONTINUOUS ROADMAP, GOVERNMENT REFUSES TO IMPLEMENT CONSTITUTIONAL COURT DECISION

Jakarta, February 9, 2021, On November 25, 2021, the Constitutional Court (MK) granted in part the formal review request of the Omnibus Law on Job Creation through Constitutional Court Decision No. 91/PUU-XVIII/2020. The MK declared the Omnibus Law on Job Creation formally defective and procedurally flawed, thus deemed conditionally unconstitutional. The Omnibus Law on Job Creation contradicts the 1945 Constitution and does not have legally binding power conditionally as long as “no improvements are made within 2 (two) years since the decision is pronounced.”

“The Constitutional Court’s decision on the Omnibus Law on Job Creation raises ambiguous interpretations regarding conditionally unconstitutional. The government considers the Omnibus Law on Job Creation to remain in force constitutionally until the end of the improvement period. While many academics argue that the decision only provides an opportunity for lawmakers to make improvements and as long as the improvement process is not completed, the Omnibus Law on Job Creation cannot be implemented,” said Agung Wibowo, Director of the Indonesian Human Rights Study Association.

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Therefore, we must look at the Constitutional Court Decision in its entirety,” continued Agung Wibowo. The seventh point of the Constitutional Court decision states, “Declaring to suspend all strategic and broadly impacting actions/policies, and it is also not justified to issue new implementing regulations related to Law Number 11 of 2020 concerning Job Creation.” One of the strategic and broadly impacting decisions/policies is the agenda of developing the National Strategic Project (PSN).

One of the PSN developments is the Bener Dam in Purworejo, Central Java. The dam construction project includes a plan for andesite rock mining in Wadas Village, Bener District, Purworejo Regency as a construction material for the Bener Dam. On February 8, 2022, thousands of police officers entered Wadas Village under the pretext of overseeing land surveys. However, at the location, the Police instead surrounded and arrested residents who were performing Mujahadah at the Mosque. Not only that, the police searched the residents’ homes and made arbitrary arrests.

“The Wadas case further opens our eyes to the recent government’s bias. The government’s interpretation of the Constitutional Court decision to continue the PSN project without considering the seventh point of the Constitutional Court Decision, makes us question the Government’s stance, which should protect the people,” concluded Agung Wibowo [.]

Contact Person: Wahidul Halim

Advocacy and Campaign Team

Indonesian Human Rights Study Association

089612424198

PRESS RELEASE – HUMA – CONTINUOUS ROADMAP, GOVERNMENT REFUSES TO IMPLEMENT CONSTITUTIONAL COURT DECISION