Indonesia's Omnibus Law on job creation: legal hierarchy and responses to judicial review in the labour cluster of amendments

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Abstract

Indonesia enacted a controversial 'Omnibus Law' on Job Creation in late 2020, and its implementing regulations followed in February 2021. This Law, and particularly the labour cluster of amendments within it, has been linked to Indonesia's recent 'democratic decline' or 'illiberal turn'. Many of the amendments reduce worker protections with the aim of producing a more flexible labour market. While it is these obvious amendments in favour of employers' interests that have attracted the most attention, a deeper analysis of the changes introduced by this Law reveals additional important factors at play. There has been a significant repositioning of labour regulations within Indonesia's hierarchy of legal instruments, as well as important responses to Constitutional Court judicial review cases. Overall, this deeper legal analysis produces mixed evidence for democratic decline in Indonesia.

Original languageEnglish
Pages (from-to)51-75
Number of pages25
JournalAsian Journal of Comparative Law
Volume17
Issue number1
DOIs
Publication statusPublished - 2022

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