Tinjauan Keberlakuan Filosofis Peraturan Pemerintah Pengganti Undang-Undang No.2 Tahun 2022 Tentang Cipta Kerja Pasal 72

Abstract

Laws have binding power on all Indonesian citizens, therefore in passing the legislation  the interests of the community must be prioritize, the approval of the law must also be in accordance with the constitutional basis of the Republic of Indonesia, namely the The 1945 Constitution, hence why the philosophical aspect of a law is something that must be considered by the government in making its passage of the law. The law that had caused controversy due to its dissonance with the philosophical foundations was Law Number 11 of 2020 on Job Creation which has now been revised and became PERPPU Number 2 of 2022 on Job Creation which was finally passed through Law No. 6 of 2023. The purpose of this study is to review the philosophical aspect and applicability of a law. Researcher uses normative legal research method to write this article, in researching, we use ‘statutory approach’ as well as ‘legal concept analysis’ approach. The results of our research shows that PERPPU No.2 of 2022 on job creation article 72 applies philosophically as said article has fulfilled the characteristics of the philosophical foundation and its purpose is aligned with the philosophical foundation.

 Keywords:  Constitutional Basis, Philosophical Validity, Cipta Kerja Pasal 72