Previously, WB Indonesia and Timor Leste country director Satu Kahkonen aired concerns about the bill’s potential environmental and labor impacts.Read also: Omnibus bill could hurt labor, environmental protections: World BankPresident’s responseOn Oct. 9, in his first public statement since the bill’s passage, the President brushed off the criticisms as “disinformation and hoaxes spread through social media”. As labor unions, activists and their lawyers prepare to petition the Constitutional Court for a judicial review of the recently passed Job Creation Law, critics have accused President Joko “Jokowi” Widodo of sidestepping public concerns over the rushed process to pass the legislation.Nearly a year after the President announced his intent to push a set of sweeping revisions in a draft law called the omnibus bill on job creation, lawmakers passed the bill on Oct. 5. The House of Representatives passed the bill earlier than originally expected, in a move that sidestepped unions’ plans to hold a nationwide strike in protest of the bill.The Jokowi administration has continued to insist that the new law is intended to attract foreign investment and create jobs to prop up a floundering economy. This point received a rare nod on Friday from the World Bank, which lauded the legislation as “a major reform effort”. The statement appears to disregard the fact that the public had extremely limited access to any legal means for preventing the bill’s passage, given the current COVID-19 restrictions. Even so, the House held its deliberations behind closed doors without inviting public input, another contentious point critics have raised as regards the lack of legislative transparency.The President added, however, that “relevant parties” were welcome to challenge the law.“If there is any dissatisfaction toward the Job Creation Law, please submit a [request for] judicial review with the Constitutional Court,” he said.Experts were left stumped by Jokowi’s bombastic response, with some saying that the President had failed to acknowledge the public’s immediate and widespread concerns.Constitutional law expert Bivitri Susanti, from the Indonesia Jentera School of Law in Jakarta, said Jokowi’s statement did not address the problematic deliberative process that involved hardly any public participation. Resorting to a judicial review at the Constitutional Court also did “not address the root of the problem”, Bivitri told The Jakarta Post on Tuesday.“It’s as though [lawmakers and officials] are passing the buck and convincing themselves that they exercised due diligence in the legislative process, when in fact, [they didn’t],” she underlined.Furthermore, four “final” version of the omnibus bill were in public circulation after the House passed the legislation, preventing effective scrutiny of the new law. It remains unclear whether these versions were leaked deliberately, and by whom.The approved final version of the draft law, which spans 812 pages, was submitted to Jokowi this Wednesday for his signature.Read also: House submits final draft of jobs law to JokowiWords spray-painted on a wall in Jakarta reflect the sense of public betrayal that has fueled three days of nationwide demonstrations against the omnibus bill on job creation, which the House of Representatives passed last Monday. The graffiti reads: “Wants to be elected/Wants to be heard/After [getting] elected/They [refuse] to listen. R.I.P.” (JP/Seto Wardhana)Implementing regulationsChief expert staffer Donny Gahral Adian of the Executive Office of the President said that the government would immediately begin drafting the implementing regulations for the new law. These might include both presidential and government regulations, and the President had set a deadline for all implementing regulations to be issued within three months from the date on which the bill was passed into law.Donny, however, made assurances that the public would be involved in the regulations’ deliberative process.“The drafting team is sure to invite the academia, public figures, civil society [representatives] and other stakeholders who can offer input for the implementing regulations,” he said.Unions’ responseThe Confederation of Indonesian Trade Unions (KSPI), one of the largest and most vocal labor groups that oppose the law, said it would not participate in any processes related to the regulations.“Workers have rejected the Job Creation Law. As such, it is impossible for them to accept the implementing regulations, let alone be involved in drafting them,” said KSPI president Said Iqbal in a statement on Thursday.The KSPI and other labor groups have vowed to continue protesting the law while they mulled over several options. These included demanding that the President issue a regulation in lieu of law (Perppu) to revoke the Job Creation Law and lobbying the House for a legislative review.According to Said, a petition for judicial review was a possible option, but he stressed that the unions needed to be able to review the approved version of the law before approaching the Constitutional Court.Constitutional Court spokesman Fajar Laksono, when contacted by the Post on Friday, confirmed that three separate parties had already submitted petitions for a judicial review of the Job Creation Law. Two of the petitions, both filed on Oct. 12, challenged certain articles in the law, while the third petition was filed Oct. 15 and asked the court to repeal the law in its entirety.Fajar said the court would process the petitions according to the appropriate procedures, and that it was up to the court’s justices whether to grant the petitions or not.Meanwhile, deputy director Wahyudi Djafar of the Institute for Policy Research and Advocacy (ELSAM) said that the best compromise the government could and should offer was to issue a Perppu to delay the law’s commencement. Doing so would also allow some room for dialogue.“If the omnibus [law] is really necessary, then it is better to reopen the debate until public opinion is truly represented,” Wahyudi said on Wednesday.“A Perppu could be issued not to revoke [the law], but to delay its entry into force.”Read also: Rallies against job creation law turn violent as police clash with protestersProtesters burn the Bundaran HI Transjakarta bus stop at Jalan MH Thamrin, Jakarta, on Oct. 8, 2020. Thousands of workers and students hold a rally to reject the new Job Creation Law. (JP/Seto Wardhana)Types of reviewsIn a legislative review, the House reviews certain aspects of a law in line with public demand and makes any necessary amendments, or it can annul specific points.A Perppu is the equivalent of an executive review, in which the President replaces a law with emergency provisions. The President is not required to consult the House when issuing a Perppu.In a judicial review, individuals or groups can challenge a law through the Constitutional Court, the country’s sole interpreter of the Constitution. If the court grants the petition, it reviews the constitutionality of the legislative process or certain provisions in the challenged law. The court then issues a final and binding decision that could result in repealing the law or returning it to the House for amending the provisions it has found to be unconstitutional.Topics :
Latest posts by Hugh Bowden (see all) Latest Posts Is this the kind of government we deserve? – July 10, 2017 Hugh BowdenExecutive EditorHugh writes editorials, covers Hancock County sports and helps out where needed in The American’s editorial department. When he’s not on the sidelines, he enjoys playing jazz and tennis. [email protected] GSA surges in 4th to win Northern Maine title – February 26, 2017 Bio Like he did in the ’60s, Noel Paul Stookey sings out in troubling times – December 27, 2017 ORONO — The string of post-season playoff wins ended for the Bucksport Golden Bucks on Wednesday afternoon as they fell to the top-seeded Orono Red Riots 5-0 in the Class C Northern Maine girls’ soccer championship final.The 15-1-1 Red Riots scored the only goal they needed less than two minutes into the game when junior striker Becky Lopez-Anido gathered in a loose ball in front of the net and pushed it past Bucksport junior goalkeeper Bree Coombs.For the next 30 minutes, the Bucksport defense withstood the almost constant scoring threat provided by Lopez-Anido and junior strikers Daphne Murphy and Aashild Fridtun, the latter a Norwegian exchange student.But with 7:50 remaining in the first half, Lopez-Anido took a pass from Fridtun at the corner of the penalty box and beat Coombs with a shot to her left to give the Orono a 2-0 lead.This is placeholder textThis is placeholder textThe Red Riots dominated play throughout, allowing just one long-distance Bucksport shot on goal late in the second half while peppering Coombs with 40 shots of their own.Three more of those found the net in the second half.Fridtun took a pass from Murphy and lined a hard shot off Coombs’ hands and into the net less than three minutes into the second period.Lopez-Anido completed a hat trick with her third goal at the 22:49 mark, rolling a ball into the back corner of the net from about 15 yards out, and Murphy capped the scoring with another shot off Coombs’ hands with 15:54 to go.“Without question, they were very motivated, very ready for us today and they did a great job,” said Bucksport coach Mike Garcelon.“We worked hard all season and had a great defensive run at the end of the year,” he said of his own team. That run gave the 7-7-4 Golden Bucks upset wins over third-ranked Central and second-ranked Houlton in quarterfinal and semifinal rounds.Garcelon already is looking ahead to picking things up next year where they left off this season. “We’ve got four seniors who had great years and certainly were the heart and soul of the program, but then I’ve got a lot of young, young kids coming back and a lot more coming up next year.”Orono will now face the Southern Maine champion Waynflete Flyers, who bested Madison in overtime, for the state Class C title on Saturday at 10 a.m. in Presque Isle.