Indonesian Legal Politics of Formal Legality Against the Formation of the Perppu on Job Creation

Abstract

Politics of law is a legal policy that determines how a country can achieve its goals, as in the enactment of Perppu No. 2 of 2022 concerning Job Creation, which has abolished the application of Law No. 11 of 2020, which was previously considered unconstitutional with conditions by the Constitutional Court. Therefore, this study aims to analyse the problems of the formal legality of copyright work and its relation to legal politics. The results of this analysis process show that the legal politics of the Perppu on Job Creation is the formation of law by applying omnibus law. However, in the formulation of the Perppu on Job Creation, there are many notes and confirmed violations of the formation procedure by the Constitutional Court. On the other hand, the government's ability to predict the destructive potential of the economy is considered contradictory.