Conference PaperPDF Available

Omnibus Law in Indonesia: Is That the Right Strategy?

Authors:
Ricca Anggraeni
Ricca Anggraeni
Ricca Anggraeni
  • This person is not on ResearchGate, or hasn't claimed this research yet.
Cipta Indra Lestari Rachman
Cipta Indra Lestari Rachman
Cipta Indra Lestari Rachman
  • This person is not on ResearchGate, or hasn't claimed this research yet.
Download full-text PDF
Read full-text
Download citation
Available via license: CC BY-NC 4.0
Content may be subject to copyright.
Omnibus Law in Indonesia: Is That the Right
Strategy?
Ricca Anggraeni1, Cipta Indra Lestari Rachman2
1, 2Pancasila University, Jakarta- Republic of Indonesia
E-mail: cha2khan@yahoo.com1; cipta.rachman@yahoo.com 2
ABSTRACT--The plan to form a law with the concept of the
Omnibus Law continues to roll and color the public policy that
will be taken by the Government of Indonesia. The Draft Law
with the concept of the Omnibus Law continues to be finalized
with the pros and cons in the process of its formation.
Whatever it is, the concept of Omnibus Law is offered as a
solution to the regulatory problems in Indonesia which are
already too hyper and disharmony. As a solution, Omnibus
Law in the level of public policy is a strategy. Strategy
launched by the Government to deal with obstacles and
challenges. The question is why the concept of the Omnibus
Law was chosen as a strategy by the Government to deal with
regulatory obstacles? Is Omnibus Law can be the right strategy
to overcome regulatory problems in Indonesia. This problem is
solved by using a type of qualitative research using a socio-
legal approach based on secondary data and supplemented
with primary data obtained through interviews.
Keyword: Omnibus Law, laws, regulation
I. INTRODUCTION
The term Omnibus law has resounded in
Indonesia since the President of the Republic of
Indonesia, Joko Widodo delivered his first speech in his
inauguration on October 20, 201.[1] The idea of the
omnibus law became a discussion among the law-forming
institutions other than the Government, namely the
People's Representative Council of the Republic of
Indonesia and the Regional Representative Council of the
Republic of Indonesia. In the National Legislation
Program 2020-2024, the proposed draft bill with the
concept of omnibus law is 3 (three) out of 248 draft laws,
namely the Draft Bill on Employment Creation; Draft Bill
on Development and Strengthening of the Financial
Sector; and the Draft Bill on Tax Provisions and Facilities
for Economic Engagement.
Omnibus comes from the Latin word omnis
which means "all". if related to the concept of law in the
Black Law Dictionary, the omnibus means numerous
objects or items at once; many things or having various
purposes. Likewise in Gluck and Connel, the omnibus
law: packages together several measures into one or
combines diverse subjects into a single law.The various
meanings of the omnibus can be understood as a statutory
regulation that is made to target a major issue that can
revoke or change several lawsat once to be simple. As
what has been released, and is known through research
and websites, the number of laws and regulations in
Indonesia have reached the stage of hyper regulation or
obesity. For example, on the website peraturan.go.id, for
example, it is known that there are already 1687 laws, 180
Government Regulations in lieu of laws, 4558
Government Regulations, 2008 Presidential Regulations,
Ministerial Regulations 14722, Regulations of Non-
Ministerial Government Institutions 3758, Regional
Regulations 15965.[2]
In the condition of Indonesian regulation, the
concept of omnibus law is a concern and offers a strategy
to simplify regulation in Indonesia. However, the question
that raises is why the concept of the Omnibus Law was
chosen as a strategy by the Government to deal with
regulatory obstacles? and Whether the Omnibus Law can
be the right strategy to overcome regulatory problems in
Indonesia.
II. RESEARCH METHOD
The method used in this research is qualitative. The
approach used is normative to question the omnibus law
strategy as a problem solver for overlapping regulations in
Indonesia.[3] This study relies heavily on secondary data.
The data obtained is then collected to be validated and
described in the research report.
III. FINDING & DISCUSSION
A. Omnibus As Astrategyto Simplify The Regulation
The problem of hyper regulation in Indonesia has
been raised by various studies including its impact on
regulatory overlaps. The Center for Law and Policy
Studies, for example notes that from October 2014 to
2018, there were around 7,621 ministerial regulations.
While the number of presidential regulations produced
during the last four years is only 765 and government
regulations amounting to 452. [4]. From this amount it
can be stated that indeed the number of laws and
regulations in Indonesia is too much. With this amount,
according to the Regulatory Quality Index issued by the
World Bank, Indonesia's position during 1966-2017 has
always been ranked 92 out of 193 countries.[5]
Hyper and obese regulatory conditions cause
Indonesia to deal with overlapping legal issues.
Inconsistency and disharmony caused by hyper regulation
become one of the main factors inhibiting Indonesia's
competitiveness. Whereas the competitiveness of a nation
determines the ability of a country to attract investors to
their country.[6] The condition of Indonesia's
Advances in Economics, Business and Management Research, volume 140
International Conference on Law, Economics and Health (ICLEH 2020)
Copyright © 2020 The Authors. Published by Atlantis Press SARL.
This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 180
competitiveness is affected by indications of the lack of
ease of doing business in Indonesia, so that investors are
less interested in investing in Indonesia. This is because,
according to the World Bank, Indonesia has multi-layered
procedures, at least 10 stages with an estimated 19.6 days.
This ranks Indonesia 73rd out of 190 countries with ease
of business and ranks 50th as a competitive country, or
dropped to fifth in 2018. [7]
Etymologically, strategy is a step to overcome
obstacles, accept challenges. [8]One obstacle experienced
by Indonesia is that the bureaucratic process of so many
regulations hinders investment and competitiveness. The
challenge, development in the era of digital society and
the era of distrust requires the country to be prepared to
face the quality of human resources, productivity,
innovation and competitiveness readiness. In addition,
challenges that Indonesia will face in demographic bonus
in 2045. Other challenges faced include infrastructure
development accompanied by structural reforms and
strengthening human resource competencies.If described,
the challenges that will be faced by Indonesia, namely the
development of the internet and the use of digital
technology in Indonesia, the number of productive age
population reaches up to 68% or equivalent to 200 million
people in 2030, and economic inequality which is
reflected by poverty in eastern Indonesia 18.01 percent ,
10.3 percent in the west, and urban 7.02 percent.
Meanwhile, income inequality in rural areas is 0.324 and
urban areas are 0.4.[9]
The omnibus was chosen as a strategy to overcome
the challenges and obstacles of regulation in Indonesia,
because it is believed to have several advantages over the
application of the omnibus law concept used by several
countries, among others:[10]
1.Addressing both vertical and horizontal public
policy conflicts effectively and efficiently;
2.Harmonizing government policies, both at the
central and regional levels;
3.Simplifying the licensing process more
integrated and effective;
4.Breaking the convoluted bureaucratic chains;
5.Improving the coordination between related
agencies because it is regulated in an
integrated policy;
6.Providing guarantees of legal certainty and legal
protection for policy makers
B. Omnibus In Indonesia’s Regulation Systems
With all the advantages carried by the omnibus law to
overcome obstacles and face challenges by Indonesia in
terms of regulation, what is often debated by academics is
the matter of the suitability of the statutory system of
legislation in Indonesia.
Omnibus law is believed to be something that can
solve regulatory problems, namely hyper and
overlapping.Harmonization is no longer considered a
capable strategy to solve the problem. Omnibus law
breakthrough.
Omnibus is indeed counted as a strategy carried out
by several countries, such as the United States, Belgium
and the United Kingdom, although to implement it, the
costs required are not small and the time required is not
short. However, the Omnibus is considered capable,
because it is related to or dealing with various objects at
once, including many things or having various goals.[11]
The Omnibus Law practice that is often referred to is
the system used by the Serbian state. adopting Omnibus
Law is Serbia. Serbia, adopted the Omnibus Law in 2002
which regulates the autonomous status of the Vojvodina
Province which is included in Serbia. The law covers the
jurisdiction of the Vojvodina provincial government
regarding culture, education, language, media, health,
sanitation, health insurance, pensions, social protection,
tourism, mining, agriculture, and sports.[12]
Indonesia in the National Legislation Program this
year, and in the long term 2020-2024 plans to form an
Omnibus Law Bill, but various discussions show that
omnibus law is not suitable to be applied in Indonesia
because it is considered undemocratic. Meanwhile,
according to Maria Farida Indrati, omnibus law is
commonly used in countries that adopt a common law
system."[13] In addition to the common law, the omnibus
law is also a law produced by the parliamentary system,
so that the one who has the power to form a law is
parliament, the President only vetos a law that he does not
approve. With a parliamentary system, laws are only
made by Parliament without involving the public, so the
omnibus law is called anti-democracy.
In addition, the omnibus law bill planned for this
year's National Legislation Program has absolutely no
effect on the number of bills proposed by the House of
Representatives, the Government and the Regional
Representative Council. Moreover, the Regional
Representative Council, the Government and the Regional
Representative Council do not have the same concept of
the omnibus law, so the Government has its own omnibus
law bill, the House of Representatives and the Regional
Representative Council also seek their own concept of the
omnibus law. Coupled with normative conditions based
on Article 20 of the 1945 Constitution of the Republic of
Indonesia which stipulates that the formation of Laws in
Indonesia is under the authority of the House of
Representatives, with the joint agreement of the President.
There is an executive role in the formation of laws in
Indonesia, so it is rather difficult if the concept of the
omnibus law bill only comes from one party forming the
law.
Referring to the regulatory system in Indonesia, the
Omnibus law will have its own challenges. For example,
about the type and hierarchy of laws and regulations in
Indonesia, which are familiar with implementing
regulations and implementing technical regulations. The
omnibus law will have implementing regulations and
technical regulations, which means that it will not
significantly reduce the number of laws and regulations in
Indonesia. Not to mention, this omnibus law bill will also
be implemented in the regions. This condition shows that
Advances in Economics, Business and Management Research, volume 140
181
omnibus law as a strategy must be re-strategized in the
statutory system in Indonesia.
.
IV. CONCLUSION
The omnibus was chosen as a strategy to overcome
the challenges and obstacles of regulation in Indonesia,
because it is believed to have several advantages in
applying the concept of the omnibus law used by several
countries, while addressing both vertical and horizontal
public policy conflicts effectively and efficiently,
harmonizing government policies, both at the central level
and in the regions, and guarantee legal certainty and legal
protection for policy makers. The Omnibus law has not
been able to become a strategy to parse regulatory
problems in Indonesia, because the statutory regulatory
system in Indonesia requires implementing regulations
and implementing technical regulations of a law. not to
mention the system of law formation in Indonesia which
is not in parliamentary, but on legislative powers that
require joint approval from the executive.
REFERENCES
[1]Luthfia Ayu Azanella, "Apa Itu Omnibus Law, yang
Disinggung Jokowi dalam Pidatonya?", online,
https://www.kompas.com/tren/read/2019/10/22/07060066
5/apa-itu-omnibus-law-yang-disinggung-jokowi-dalam-
pidatonya-?page=all.
[2]www.peraturan.go.id,3 Januari 2019.
[3] Reza Banakar and Max Travers, 2005, "Theory and
Method in Socio-Legal Research, Hart Publishing Oxford
and Portland Oregon, p. xi.
[4] Aida Mardhatillah, 2019, "Alasan PSHK UU
Pembentukan Peraturan Perlu Dirombak Total,
https://pshk.or.id/rr/alasan-pshk-uu-pembentukan-
peraturan-perlu-direvisi-total/.
[5] World Wide Governance Indicators,
https://govdata360.worldbank.org/indicators/hf8a87a
ec?country=IDN&indicator=394&viz=line_chart&ye
ars=1996,2018.
[6] Riswandha Imawan, "Peningkatan Daya Saing:
Pendekatan Paragdimatik: Politik, Jurnal Ilmu Sosial
dan Politik, Vol.6, No. 1, 2002, hal. 84.
[7]NN., Omnibus Law: Solusi dan Terobosan Hukum,
2019, https://www.indonesia.go.id/narasi/indonesia-
dalam-angka/ekonomi/omnibus-law-solusi-dan-
terobosan-hukum
[8] SW Arti, "Pengertian Strategi",
http://eprints.walisongo.ac.id/7292/3/BAB%20II.pdf,
diakses pada tanggal 5 January 2020.
[9] Wantimpres, "Warta", http://wantimpres.go.id/wp-
content/uploads/2018/04/WARTA-
WANTIMPRES_FA_EDISI-
1_FINAL_CETAK_090418-.pdf.
[10] Nn, "RUU Omnibus Law: Omnibus Law: Solusi dan
Terobosan Hukum, diakses melalui
https://indonesia.go.id/narasi/indonesia-dalam-
angka/ekonomi/omnibus-law-solusi-dan-terobosan-
hukum.
[11] Firman Freddy Busroh, "Konseptualisasi Omnibus
Law Dalam Menyelesaikan Permasalahan Regulasi
Pertanahan," Jurnal Arena Hukum, Vol 10, Nomor 2,
Agustus 2017, hal. 242.
[12] Ibid., hal. 241.
[13] Rofiq Hidayat, "Kekhawatiran Maria Farida Terkait
Omnibus Law",
https://www.hukumonline.com/berita/baca/lt5de4f9c9
216d0/kekhawatiran-maria-farida-terkait-omnibus-
law/.
Advances in Economics, Business and Management Research, volume 140
182
... This pursuit, however, was meticulously balanced with the imperative of regional development, ensuring that the benefits of employment and economic growth were evenly distributed across the nation. 12 Moreover, the Omnibus Law recognized the critical need to guarantee the rights and welfare of the workforce. 13 It sought to establish a framework that ensured fair treatment, compensation, and work relations for every citizen, irrespective of their position within the labor market. ...
Land Law Evolution and Investment Dynamics: Historical Perspective and Contemporary Development Nexus
Article
Full-text available
  • Jun 2023
The enactment of Indonesia’s Job Creation Law in 2020, known as the Omnibus Law, marked a pivotal moment in the country’s pursuit of economic growth and legal reform, aiming to foster job opportunities and sustainable development while streamlining regulatory frameworks and attracting investments. This paper presents a comprehensive analysis that explores the law’s implications in comparison with historical policies such as the 1992 Deregulation Policy Package and the 1993 Deregulation Policy Package. Utilizing qualitative methodology, the research investigates economic impacts through a thorough review of legal documents, policy reports, scholarly articles, and relevant literature, employing thematic analysis to uncover recurrent themes and patterns. The study elucidates how these policies have shaped Indonesia’s economic landscape, highlighting their interplay and contribution to the nation’s ongoing economic trajectory, offering valuable insights into the intricate dynamics between legal reforms and economic development. Abstrak. Pemberlakuan Undang-Undang Cipta Kerja di Indonesia pada tahun 2020, yang dikenal sebagai Omnibus Law, menandai momen penting dalam upaya pertumbuhan ekonomi dan reformasi hukum negara tersebut, dengan tujuan menciptakan peluang kerja dan pembangunan berkelanjutan sambil menyederhanakan kerangka regulasi dan menarik investasi. Makalah ini menyajikan analisis komprehensif yang menjelajahi implikasi hukum ini dibandingkan dengan kebijakan historis seperti Paket Kebijakan Deregulasi 1992 dan Paket Kebijakan Deregulasi 1993. Dengan menggunakan metodologi kualitatif, penelitian ini menyelidiki dampak ekonomi melalui tinjauan mendalam terhadap dokumen hukum, laporan kebijakan, artikel ilmiah, dan literatur relevan, dengan menerapkan analisis tematik untuk mengungkapkan tema-tema dan pola-pola yang berulang. Studi ini menjelaskan bagaimana kebijakan-kebijakan ini telah membentuk lanskap ekonomi Indonesia, menyoroti interplay mereka dan kontribusi terhadap lintasan ekonomi negara, memberikan wawasan berharga tentang dinamika rumit antara reformasi hukum dan pembangunan ekonomi. Kata kunci: Undang-Undang Cipta Kerja, Dampak ekonomi, Reformasi hukum, Pembangunan berkelanjutan, Daya tarik investasi
View
... In the environmental issue, the Indonesian legal system has been significantly impacted by the Omnibus Law, particularly in the environment and natural resources (Sembiring, Fatimah, and Widyaningsih 2020). Furthermore, Anggraeni, Indra, and Rachman (2020) mentioned that the Omnibus Law has not become a strategy for answering regulatory issues in Indonesia. Nonetheless, there remains a research gap in the literature as none of those mentioned above studies explain the flawed process of Omnibus Law as an impact of democratic deconsolidation. ...
The Ratification of Omnibus Law: A Sign of Democratic Deconsolidation in Indonesia
Article
Full-text available
  • Apr 2022
Indonesia as a post-authoritarian democratic country has made impressive progress in its democratic transition. However, there is a significant contradiction in the democratic process, particularly in policy and law-making. This article queries to what extent democratic deconsolidation contributes to the ratification of the Omnibus Law on Job Creation in Indonesia. This research uses a qualitative method by using academic literature, news analysis, and official government documents. The study employs various theoretical approaches, including horizontal accountability by Wolfgang Merkel, discursive participation by Jürgen Habermas, and democratic civil-military relations by Samuel Huntington. The first finding shows that the accumulation of Joko Widodo's political power has affected the quality of debate and the agreement during the deliberation of the Omnibus Law in the parliament. Second, the opaque process by limiting public participation has narrowed the space for the democratic mobilization of the citizens. Third, the increasing number of retired armed forces in domestic affairs has resulted in the dual function of military power in securing the country and the economic development agenda. The study shows that the deconsolidation of democracy has contributed to the ratification of the Omnibus Law on Job Creation which was deliberated through a non-transparent mechanism.
View
... Apart from a few articles in the newspaper providing comments and critism on the impact of omnibus law towards the Indonesian economy, no wide ranging or in-depth research on agriculture sector has been conducted. Nor has any studies been undertaken using Islamic perspective as a basis of analysis, most of them are using secular pragmatic approach, such as Anggraeni & Rachman (2020) and Sihombing & Hamid (2020). This study proses to fill that gap by using an Islamic viewpoint to describe and analyse the potential challenges arise from the omnibus law and proposing alternatives for Indonesian agriculture sector. ...
Omnibus Law and the Challenges of the Indonesian Agricultural Sector: an Islamic Perspective
Article
Full-text available
  • Apr 2022
At the end of 2020, the Indonesian Parliament approved the Job Creation Law, commonly known as the "Omnibus Law", which introduces key amendments to several sectors, including the agriculture sector. Through this legislation, the Indonesian government plans to increase food trade and open up opportunities for the private sector to be more involved in increasing Indonesia's agricultural productivity. However, many observers consider that the Omnibus Law is unfavourable for farmers and the agricultural sector because it no longer requires the government to prioritize local agriculture products, and only imposes an obligation on the government to increase the productivity of local agriculture. Imports become one of the main sources of domestic food supply, apart from domestic production and national food reserves. The law will also remove the restriction for foreign investment in the horticulture sector and introduce a land bank to collect vacant land which will be redistributed by the government. Based on this background, this article aims to provide an overview of the impact of the Omnibus law on the current agricultural sector in Indonesia. A descriptive analysis method is used to compare the Omnibus law with the original laws relating to the agriculture sector. Finally, by taking on an Islamic perspective, it will discuss the substance of the Omnibus law, the essence of the Indonesian agriculture sector in relation to relevant regulations in terms of challenges and upcoming prospects, as well as policy implications as a conclusion.
View
... The Government apparatus or Parliament members are obliged to drafting both ordinary and omnibus bills based on ideological, economic, political, and social aspects. However, despite the noble aims of this approach to pursue an efficient, effective, and comprehensive legislative drafting framework, this practice portrays overambitious elites desire, 117 undemocratic symptoms, deprivation of basic human rights, and the decline of democratic rule of law values. In this context, the abuse of omnibus legislation practice is related to the ignorance of ideological, economic, political and social implications 118 without an accurate public benefit to those affected by its enactment. ...
Omnibus legislation as a tool of legislative reform by developing countries: Indonesia, Turkey and Serbia practice
Article
Full-text available
  • Jan 2022
Globally, most developing countries struggle to shift their legislation paradigm by proposing legislative reform. This is because these countries have realised legislative reform ability to create an effective, efficient, and comprehensive legislative drafting framework within legal transplanted omnibus legislation. Therefore, this research aims to determine the use of the omnibus legislation as a comparative legal tool in Indonesia, Turkey, and Serbia to identify, analyze, and explain their legislative process. In this context, this research proposes the importance of omnibus legislation despite the number of possibility-driven factors, obstacles, and standard measurements to pursue legislative reform agenda by developing countries. Keywords: Omnibus legislation; legislative reform; developing countries
View
Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation
Article
  • Oct 2023
In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations.
View
PERLINDUNGAN HUKUM TENAGA MEDIS DAN TENAGA KESEHATAN MELALUI MAJELIS YANG DIBENTUK MENTERI KESEHATAN PASCA UNDANG-UNDANG KESEHATAN OMNIBUS LAW
Article
Full-text available
  • Jun 2023
The rapid development of life in the health sector has resulted in the need for broader regulations, from medical law to matters related to health (health law) in order to provide legal protection for medical personnel and health workers. The research method used is normative juridical. The results of the study show that legal protection for medical personnel and health workers is contained in the Omnibus Law on Health, one of which is regulated in Article 310 which reads: the consequences of the error are resolved first through alternative dispute resolution outside the court. This article regulates the settlement of losses due to medical or health actions that must be resolved through non-litigation channels first. In addition, the legal protection for medical personnel and health workers in the Health Omnibus Law is regulated in Article 273 paragraph (1), Article 306 paragraph (3), Article 273 paragraph (2), Article 393 paragraph (1) and Article 193. In addition, to provide legal protection for medical personnel, the Minister of Health is preparing to form a special assembly to uphold the doctor's code of ethics as stipulated in Article 304 of the Omnibus Law on Health. This assembly is to maintain the doctor's code of ethics, regardless of the professional organization, the type of doctor and the specialist. With the existence of this assembly, all criminal cases that might ensnare doctors will go to this assembly, before entering the realm of law.
View
Omnibus Law Sentiment and Its Impact on The Halal Certification Program in Indonesia
Article
Full-text available
  • Jul 2023
This study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 2024
View
Omnibus Law And Conflicting Norms And Their Relevance To Business Ease In Indonesia
Article
Full-text available
  • Nov 2022
The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.
View
Metode Omnibus Law dalam Pembaharuan Hukum Pembentukan Peraturan Perundang-Undangan di Indonesia (Studi Perbandingan Negara Kanada, Amerika Serikat, Filipina dan Vietnam)
Article
Full-text available
  • May 2023
The method for forming omnibus laws and regulations is relatively new to positive law for the formation of laws and regulations in Indonesia, considering overlapping regulations are one of the legal issues for reforming laws and regulations in Indonesia that need serious attention. There is a great number of laws and regulations that overlap each other, both horizontally and vertically, resulting in disharmony and legal uncertainty in the laws and regulations in Indonesia and to increase investment value and the national economy which is still relatively low when compared to other countries. This research discusses how the omnibus law concept is applied in other countries in the formation of laws and regulations; and whether the concept of the omnibus law implemented by the Government of Indonesia is in accordance with the objectives of the law and the legal reform of the formation of statutory regulations. This study uses normative research methods. The results of this study conclude that first, other countries, namely Canada, the United States, the Philippines and Vietnam have different legal reasoning, namely as a consolidated norm; increase the investment sector; and the many laws and regulations that overlap with each other and the process of forming laws and regulations is lengthy. Second, the omnibus law method in Indonesia is through Law No. 11 of 2020 on Job Creation which has been revoked by Government Regulation in lieu of Law No. 2 of 2022 does not reflect the objectives of the law (fairness, public benefit and legal certainty) and there are no principles for forming good statutory regulations.
View
Jurnal Legislasi Indonesia : Formulasi Pengaturan Undang-Undang Berbasis Omnibus Legislation Terhadap Penguatan Hak Asasi Manusia
Article
Full-text available
  • Mar 2023
The dynamics of human rights after reformasi in Indonesia cornered with weak legal substance, incomprehensiveness, ineffectiveness, and arrangement that contrary with global dynamics and domestic legal needs on human rights matters in Indonesia. Further arrangement is needed to be formulated with based on omnibus legislation method on a comprehensive law related human rights conceptual scope, human rights development planning, arrangement on structure and bureaucracy on human rights, arrangement on vulnerable groups, adjustment on global dynamics and domestic legal needs on human rights issue. This article has intention to observe, analyze, and argumented on omnibus legislation method dynamics in Indonesia, and any problems alongwith norm formulation within a comprehensive law on human rights with omnibus legislation method. This article results shows that this legislation method affordable and implementable on comprehensive arrangement on human rights substance that related with concept, dynamics, adjustment on international law and domestic needs, vulnerable groups, human rights development, human rights institutions and bureaucracy, and enforcement alongwith legal choice on human rights violation settlement. Dinamika hak asasi manusia pasca reformasi di Indonesia ditandai dengan lemahnya substansi hukum, tidak komprehensif, tidak efektif, dan tidak mencerminkan pengaturan yang sejalan dengan perkembangan global maupun kebutuhan hukum dalam perkembangan hak asasi manusia di Indonesia. Pengaturan yang diperlukan untuk diformulasi dengan berbasis metode omnibus legislation dalam undang-undang komprehensif terkait ruang lingkup konseptual hak asasi manusia, perencanaan pembangunan hak asasi manusia, penataan struktur dan birokrasi hak asasi manusia, pengaturan terhadap kelompok rentan, penyesuaian perkembangan global dengan kebutuhan pengaturan domestik terkait hak asasi manusia. Tulisan ini mengkaji, menganalisis dan menelaah dinamika penerapan metode omnibus legislation di Indonesia, serta persoalan hak asasi manusia dan formulasi norma undang-undang komprehensif hak asasi manusia berbasis omnibus legislation. Tulisan ini menegaskan bahwa metode legislasi ini dapat diterapkan dalam pengaturan hak asasi manusia dengan pengaturan yang menyangkut konsep, perkembangan, penyesuaian hukum internasional dan domestik, kelompok rentan, pembangunan hak asasi manusia, institusi dan birokrasi hak asasi manusia, dan penegakan serta pilihan hukum penyelesaian pelanggaran hak asasi manusia.
View
Konseptualisasi Omnibus Law Dalam menyelesaikan permasalahan regulasi pertanahan
Article
Full-text available
  • Jun 2017
One of the factorsthat hampers theimprovement of the investment climatein Indonesia is due to regulatory issues. Regulatory issues related to several industries including the land sector. Based on data from the Ministry of Agricultural and Spatial Planning / National Land Agency of Republic of Indonesia there are about 632 regulations related to land whereas 208 are no longer valid leaving only 424 regulations applicable. Regulation of some 424 hadimplementationproblems and conflicts between agencies.The primary key of law enforcement begins with the quality of theregulation. Due to regulation which has many shortcomings that need to be addressed to improve the investment climate in Indonesia. To overcpme these problems the Minister of Agrarian and Spatial Planning / National Land Agency of the Republic of Indonesia, Mr. Sofyan Jalil threw the idea of omnibus law to resolve regulations problems that influence the growth of investment in Indonesia. Sofyan jalil said that the government is discussing the legislation remedial solutions through the Omnibus Law. Omnibus Law's existence has been known in legal theories from common law countries. However, the existence of omnibus law is still lessknownamong the academic community of the faculty of law in Indonesia. For that purpose than this article to understand the omnibus law and its use to resolve the regulatory issues in Indonesia. Abstrak Salah satu faktor yang menghambat peningkatan iklim investasi di Indonesia disebabkan karena permasalahan regulasi. Permasalahan regulasi terkait dengan beberapa bidang industri diantaranya adalah bidang pertanahan. Berdasarkan data yang dirilis dari Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional Republik Indonesia ada sekitar 632 regulasi yang terkait bidang pertanahan dimana 208 peraturan sudah tidak berlaku lagi sehingga yang berlaku 424 regulasi. Regulasi sebanyak 424 beberapa memiliki permasalahan penerapannya dan benturan antar instansi. Padahal kunci utama penegak hukum dimulai dari kualitas mutu regulasi yang berlaku. Akibat regulasi yang memiliki banyak kekurangan maka perlu untuk dibenahi karena menjadi faktor penghambat peningkatan iklim investasi di Indonesia. Untuk mengatasi permasalahan tersebut maka Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Bapak Sofyan Jalil melontarkan gagasan konsep Omnibus Lawuntuk menyelesaikan pemasalahan regulasi yang menghambat pertumbuhan investasi di Indonesia. Sofyan jalil mengatakan bahwa pemerintah tengah menggodok solusi perbaikan undang-undang melalui Omnibus Law. Keberadaan Omnibus Law sudah dikenal dalam teori-teori hukum. Teori Omnibus Law berasal dari negara yang menganut sistem hukum common law. Akan tetapi keberadaan Omnibus Lawmasih kurang diketahui dikalangan civitas akademika fakultas hukum di Indonesia. Untuk itu tujuan daripada tulisan ini untuk memahami Omnibus Lawdan penggunaannya untuk membenahi permasalahan regulasi di Indonesia.
View
Peningkatan Daya Saing: Pendekatan Paradigmatik-Politis
Article
Full-text available
  • Jul 2002
As liberal-based political-economic order increasingly globalised, each country have to geard in improving its competitiveness. Each country attempt to optimise its comparative advantage in order to survive in such an order. Judging from political perspective, the author argues that capability to perform competitively at the global and international arena, Indonesia has to institutionalise domestic political economis system, both at national and local level. The political format suggested for that purpose is resemble to what Deborah Stone calls: the polls model. It is true the globalised world order tend to marginalised the role of the government, yet, the government of Indonesia responsible to set up a sound policy for improving national and local competitiveness. Nonetheless the state role is to empower, rather than to dominate, let alone dependency creating. The challenges and strategy to meet them is offered at the end of this article.
View
Theory and Method in Socio-Legal Research
Article
Full-text available
  • Nov 2005
Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsman, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how the sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
View
  • Jan 2020
  • Sw Arti
SW Arti, "Pengertian Strategi", http://eprints.walisongo.ac.id/7292/3/BAB%20II.pdf, diakses pada tanggal 5 January 2020.
Kekhawatiran Maria Farida Terkait Omnibus Law
  • Rofiq Hidayat
Rofiq Hidayat, "Kekhawatiran Maria Farida Terkait Omnibus Law", https://www.hukumonline.com/berita/baca/lt5de4f9c9 216d0/kekhawatiran-maria-farida-terkait-omnibuslaw/.