LEGAL CERTAINTY IN TOURISM: HOW DOES JUDICIAL REVIEW OF JOB CREATION ^OMNIBUS^ LAW CHANGE LEGISLATIVE-JUDICIARY RELATION? Andy Omara (corresponding author) and Novira Maharani
Universitas Gadjah Mada School of Law, Yogyakarta, Indonesia
Abstract
The issuance of Job Creation Law in 2020 raised so many controversies both the process and the content of the Law. Substantively, of the law consists of multiple topics which are not related each other. In addition, the lawmaking process contains serious problems such as lack of public participation. The Court ruled that Job Creation Law conditionally unconstitutional. The Court requires the lawmakers to fix the law-making process by involving public meaningfully. It means during the lawmaking process the legislator should satisfy 3 important elements. They are: the right of the public to be heard, to be considered, and to be explained. The lawmaker was not really happy with the Court decision because the Job Creation law is very important as the foundation for the government to invite more investors in Indonesia. This result in the parliament retaliates the Court by recalling one of the constitutional justices. Since then the relation between the Court and the Lawmaker change significantly. The paper will analyze how significant is the court ruling on Job Creation law change the relation between the judiciary and the legislator? The paper tentatively argues that post court ruling on Job Creation Law, there is a tendency that the lawmakers play more dominant roles compared to the Court. This can be seen on how the legislature determine the substitute Constitutional Court Justice and the reluctant of the legislature to properly follow up the Court ruling.
Keywords: Judicial review- Job creation omnibus law- Judiciary-legislator relation.
