Penerapan Asas Keterbukaan Dalam Pembentukan Undang-Undang Tentang Cipta Kerja Dan Undang-Undang tentang Ibu Kota Negara

Abstract

The purpose of this study is to analyse the decision of the Constitutional Court in the judicial review of the Job Creation Law (CK Law) and the State Capital Law (IKN Law) and to measure the principle of transparency by the Constitutional Court (MK) in the judicial review of the two laws. This is based on Law Number 12 of 2011 on the Establishment of Legislation. The research method used is normative which positions the law as a system of norms to analyze the law that has been decided by the judge through the court process. The results of the study conclude that firstly, because the CK Law is proven not to apply the principle of openness, due to the lack of public participation and information that is difficult to access by the public. The Constitutional Court decided to partially grant case number 91/PUU-XVIII-2020 by being declared formally disabled and the Job Creation Law conditionally unconstitutional. While in the IKN Law, the Constitutional Court decided to reject the entire application with case number 25/PUU-XX/2022 and stated that the principle of openness was in accordance with the constitution and the IKN Law remained in effect. Second, the Constitutional Court does not yet have a definite measure or parameter regarding the principle of openness in the examination of the Law, because there are two laws which are almost the same in their formation procedure, namely the CK Law and the IKN Law but were decided with different decisions.