SUMMARY

Constitutional Court Decision of the Republic of Indonesia

Number 54/PUU-XXI/2023

1. Case

The formal submission of Law Number 6 of 2023 on the Stipulation of Government

Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law against the 1945
Constitution of the Republic of Indonesia.

2. The Plaintiffs

2.1 National Federation of Trade Unions;

2.2 Federation of Pharmaceutical and Health Workers Union Confederation of Indonesian
Trade Unions;
2.3 Federation of Energy Chemical and Mining Workers Union Confederation of Indonesian
Trade Unions;
2.4 Federation of Metal, Electronic and Machine Workers Union - All Indonesia Workers
Union;
2.5 Federation of Tourism and Creative Economy Workers Union - Confederation of
Indonesian Trade Unions;
2.6 West Kalimantan Federation of Independent Electricity Workers' Trade Unions (Pelita);
2.7 Federation of Agricultural and Plantation Workers Union;
2.8 Federation of Indonesian People's Trade Unions;
2.9 Association of Indonesian Labor Unions;
2.10 Confederation of Independent Workers of Indonesia;
2.11 Confederation of Indonesian Trade Unions;
2.12 Brotherhood of Indonesian Muslim Workers;
2.13 Independent Prosperous Labor Union '92;
2.14 Federation of Food Beverage Tobacco Cigarette Workers Union; and
2.15 Association of Indonesian Trade Unions.

3. Petition

3.1 Grant the Plaintiffs' Petition in its entirety.

3.2 Declaring that Law Number 6 of 2023 on the Stipulation of Government Regulation in
Lieu of Law Number 2 of 2022 on Job Creation into Law Number 2 does not fulfill the
provisions of law formation based on the 1945 Constitution of the Republic of
Indonesia.

3.3 Declaring that Law Number 6 of 2023 on the Stipulation of Government Regulation in
Lieu of Law Number 2 of 2022 on Job Creation into Law does not have binding legal
force.

3.4 Stating that Law Number 11 of 2020 concerning Ciptaker is re-enacted with due
observance of the Constitutional Court Decision Number 91/PUU-XVIII/2020.

3.5 Ordering the publication of decision No. 54/PUU-XXI/2023 in the State Gazette of the
Republic of Indonesia.
4. Verdict

Reject the Plaintiffs' petition in its entirety, with consideration:

4.1 The Court is authorized to examine, hear, and decide on the testing of laws against the
1945 Constitution both in formal and material testing.

4.2 The Court has the authority to hear the petition.

4.3 The Plaintiffs' petition was filed within the time limit for filing a petition for formal
review of a law.

4.4 The Plaintiffs have legal standing to file the petition.

4.5 The formation process of Law 6/2023 in formal does not contradict the 1945
Constitution. Therefore, Law 6/2023 continues to have binding legal force. Therefore,
the arguments of the Plaintiffs' petition are unreasonable according to law in their
entirety.

4.6 Other matters were not considered further as they were deemed irrelevant.