In a republic that has a democratic political system, the role of the People becomes very important, executive institutions such as the Presidency and legislative institutions such as Parliament, elected by the People to make laws and implement these laws. The purpose of the state to promote general welfare is also stated in a law, one of which is Law No. 11 of 2020 known as Undang-Undang Cipta Kerja.
Not intended as a legal view, but in the economic view of the author, the existence of dense, concise, and practical laws is needed to simplify various laws that are very numerous and overlapping, so that the economy can run effectively and efficiently, especially for micro and small entrepreneurs.
But is the "Job Creation Law" with its Omnibus Law concept the solution?
Constitutional Court Verdict
As has become general news, the Constitutional Court in its decision No. 91/PUU-XVIII/2020 read on November 25, 2021, stated that the establishment of Law No. 11 of 2020 concerning Job Creation, contrary to the Constitution of the Republic of Indonesia Year 1945, aka unconstitutional, but conditional, so that improvements are made within 2 (two) years since the Constitutional Court decision is read, so that in the next decision point the Constitutional Court still states that the Job Creation Law is still valid until the given deadline, but if no improvements are made, then the Job Creation Law becomes permanently unconstitutional and the law that was repealed with the Job Creation Law is declared valid again.
Micro and Small Enterprises in the "Job Creation Law"
If you look at the Micro and Small Business material in the Job Creation Law, as short as the author knows, there is a new paradigm for Micro and Small Enterprises, a Company that is legally established by at least 2 (two) people with a notarial deed, it turns out that in the Fifth Part regarding Limited Liability Companies article 7 paragraph 7, changes the sound of the previous Law, namely Law No. 40 of 2007, by stating that the provisions of the Company established by 2 (two) people do not apply to Companies that meet the criteria as Micro and Small Enterprises.
Article 153A paragraphs 1 and 2, then clearly states that the Company that meets the criteria for Micro and Small Enterprises can be established by 1 (one) person and carried out based on the Statement of Establishment, then Article 153B paragraphs 1 and 2 of the Statement of Establishment contains the aims and objectives, business activities, authorized capital and other information related to the establishment of the Company and is registered electronically with the Minister.
Article 153J paragraph 1 then states that the Shareholders of Micro and Small Business Companies are not personally responsible for the engagement and losses of the Company, meaning that there is a separation of assets like Limited Liability Companies in general. Further provisions regarding the Company for Micro and Small Enterprises are then regulated in a Government Regulation.
Government Regulation No.7 of 2021 in Chapter III Part One Paragraph 4 Article 35 concerning the criteria for Micro and Small Enterprises is grouped based on the criteria for working capital or annual sales results. Micro Enterprises have a working capital of at most One Billion Rupiah, excluding land and buildings for business premises, while Small Businesses have a working capital of more than One Billion Rupiah to Five Billion Rupiah, excluding land and buildings for business premises, while Micro Enterprises have annual sales results of at most Two Billion Rupiah, next Small Businesses have annual sales results of up to Fifteen Billion Rupiah.
The next Government Regulation related to Micro and Small Enterprises is PP No.8 of 2021 concerning the Company's Authorized Capital and Registration of Establishment, Change, and Dissolution of Companies that meet the criteria for Micro and Small Enterprises, in detail discussed in the Government Regulation.
The Job Creation Law also mentions the Application of Business Licensing that uses a Risk base, as mentioned in Chapter III concerning Improving the Investment Ecosystem and Business Activities, Part One Article 6 and Part Two article 7 paragraph 7 states the level of risk and business scale rating of business activities are divided into three, namely low, medium and high risk.
There are many other things related to Micro and Small Enterprises in the Job Creation Law and its derivative regulations, which have the potential to direct Indonesian residents to become entrepreneurs, with all its conveniences and incentives. However, if the creation of Entrepreneurs then has the potential to also harm Workers or Employees or Workers, of course it cannot also be said to be fair, not to mention if it has the potential to damage Nature and Customary Territories, because actually Social Justice for All Indonesian People is very fundamental.
Employers and Workers in Islam
As a Muslim, either being an Entrepreneur or a Worker is just a means of charity to worship Allah Azza wa Jalla.
"I did not create jinn and humans except that they should worship Me" (Az Zariyat: 56)
"When the prayer has been carried out, then scatter you on earth, seek Allah's grace and remember Allah a lot so that you will be lucky" (Al Jumu'ah: 10)
Both employers and workers, remain one part of the body or organ that cannot be separated and interconnected in the organization. However, each place and time has different challenges, it could be that in a country or region, more workers are needed than entrepreneurs, on the contrary, it could be that in a country or region or people the challenge is more expected to be more entrepreneurs, in this case the author and profitbersih.com expect the ratio of entrepreneurs in Indonesia to be greater, at least 1/3 of the productive age of the Indonesian population are entrepreneurs.
With the increasing number of entrepreneurs who earn profits with clean resources, methods and allocations, it is expected that Muslim obligations such as zakat will become greater to fortify every Muslim in meeting his basic needs, inheritance that further strengthens the property of each family. It is hoped that the contract of help (tabarru) will be more abundant, such as alms to be even greater to help each citizen in building their lives, waqf will become wider in prospering all people with the construction of schools, hospitals, roads, power plants and others, not to mention grants that will increase the love of fellow humans.
In Islam the ease of doing business has also been discussed in Muamalah Maliyah, the relationship between humans related to property, which is better known as Muamalah alone without the word Maliyah. The Company is discussed in the form of Shirkah, with the choice of Syirkah Abdan, Syirkah Inan, Syirkah Mufawadhah, or Syirkah Wujuh. Business concepts, processes, mechanisms exist in commercial contracts (mu'awadhah), such as sales and purchase contracts (musawamah), profit sharing contracts (ratios), lease contracts (ijarah), brokerage contracts (samsarah), or performance contracts (ju'alah) with all the derivatives of these contracts that are abundant.
Closing
In this way, we hope that social justice for all Indonesian people can really be felt by both employers and workers, both through the Job Creation Law and other laws, so that business or work? the choice is fully returned to you according to each challenge.
Wallahu a'lam bishawab