THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS

The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.

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Publication Details

Journal
Multidisciplinary Indonesian Center Journal
Published
2025-06-29
DOI
https://doi.org/10.62567/micjo.v2i2.1048
Primary Topic
Legal and Policy Issues
Type
article
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article

THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS

Wicipto Setiadi, Ahmad Ahsin Thohari, Lega Rahayu Febriana
Multidisciplinary Indonesian Center Journal
Legal and Policy Issues
article

THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS

Wicipto Setiadi, Ahmad Ahsin Thohari, Lega Rahayu Febriana
article en

Abstract

The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.

Multidisciplinary Indonesian Center JournalVol. 2(2)
Openalex Percentile: Top 70%
Legal and Policy Issues
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THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS — Wicipto Setiadi, Ahmad Ahsin Thohari, et al. · Multidisciplinary Indonesian Center Journal (2025) | TGRS Research Map | TGRS