Universitas Indonesia Conferences, The Seventh International Conference on Strategic and Global Studies 2023

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Regression of not-so well-functioning democracy: how executive and legislative invalidates constitutional court decisions in Indonesia
Murti Ayu Hapsari

Last modified: 2023-05-05

Abstract


The phenomena of democratic regression in Indonesia entered the "next stage" when the legislative passed Government Regulation in Lieu of Law on Job Creation into the law at the end of March 2023. Previously, the Constitutional Court deemed the Job Creation Law as conditionally unconstitutional and ordered to "fix" the law in two years. Executive responded the decision by passing a Government Regulation in Lieu of Law on Job Creation--with barely any fixing done. Controversy arose because issuing an emergency law that rendered the Court Decision ineffective was viewed as disrespectful to the Court. The legislative further enables the act by passed it as formal law. The legislative, in particular, has the precedent of “reviving” provisions declared invalid by the Courts, to the point of ignoring some decisions completely in the past, therefore undermines and discredits the Court function. Ironically, the Job Creation Law itself was deemed conditionally unconditional by the Court because the law-making process was undemocratic with lack of public participation and transparency. As both rightfully elected powers undermining Courts function to guard the safety of state democracy, honest measure need to be taken.

Keywords: democratic regression, constitutional court, job creation law