Legal Consequences of the Issuance of Government Regulation in Lieu of Law Number 2 of 2022 on the Legal Politics in Indonesia
Key Points
The issuance of Perppu Number 2 of 2022 has resulted in significant debates regarding its legal impact on the Indonesian political landscape.
Findings reveal that the regulation violates the legislative drafting grace period, complicating the legislative process.
The situation embodies autocratic legalism, where law is manipulated to consolidate power rather than uphold democratic principles.
The process of creating this regulation lacks transparency and participation, leading to ongoing legal uncertainties.
Abstract
The issuance of Perppu Number 2 of 2022 has led to various dynamic debates within society. The government's actions have shown attempts to "circumvent" Constitutional Court Decision Number 91/PUU-XVIII/2020 and even eliminate the legislative role in the process of amending laws. Autocratic legalism is a situation where the law is utilized as a tool by the rulers (whether executive, legislative, judicial, or a combination thereof) to legitimize their actions in accumulating and consolidating power under the guise of law. The research findings indicate that the consequences of the issuance of Perppu Number 2 of 2022 include the violation of the legislative drafting grace period, failing to resolve legal uncertainties, and being considered non-aspirational, non-participatory, and non-transparent in its formation.
TECHNICAL PROBLEMS IN THE REVIEWING OF GOVERNMENT REGULATION IN LIEU OF LAW (PERPPU) AT THE CONSTITUTIONAL COURT FROM THE PERSPECTIVE OF LEGAL CERTAINTY2024