Questioning the Existence of an Urgent Situation in Issuing a Government Regulation in Lieu of the Law on Job Creation

Abstract

The President as the Head of State and Head of Government does not only have powers in the executive field, but more than that the President of the Republic of Indonesia has powers in the legislative field. In this case, the president has the authority to issue the government regulation in lieu of a law. This research aims to analyze and discuss the matters of urgency situation in government regulation in lieu of law, whether it has fulfilled the requirements of issuing the government regulation in lieu of law or not. The research method used in this research is normative legal research. The results of this study will explain government regulation in lieu of law concerning job creation and comply with the requirements in decision No. 138/PUU- VII/2009. The conclusion of this research shows that the issuance of a government regulation in lieu of a law does not meet the requirements of an "urgency situation" in accordance with decision no. 138/PUU-VII/2009 as well as the doctrine governing constitutional reasons for the issuance of PERPU in particular to interpret "forced critical matters”.