THE APPLICATION OF OMNIBUS LAW IN THE EFFECT OF LEGAL REFORM IN INDONESIA

Abstract

Pros and cons of opinion that enlivened the government’s plan among those who supported the government’s plan stated that the Omnibus Law was the right solution to address the problem of overlapping laws and regulations in Indonesia. But the opponents or contra think that the omnibus laws plan is considered as an effort to delegitimize the rights of each sector of the nation’s life, especially concerning Labor and other sectors that can be affected due to its validity. The problem in this paper is how should the concept of the omnibus law be applied in an effort to reform regulations for the better? Laws that will be revised and / or repealed through the omnibus law need to be properly reviewed. In this case, what needs to be understood is that there are no perfect laws. However, in terms of correcting these imperfections also must pay attention to other aspects. If laws are perfected in one sector, the other sectors must not be ignored or sacrificed. For the record, referring to many reports, the government is reported to have removed the EIA and IMB obligations in the licensing process in order to facilitate investment. In this case, it certainly will not be a problem if the government already has other alternatives to prevent environmental damage that is better than EIA and IMB, so this discourse is raised. Conversely, if in a case like this the government abolished the EIA solely to facilitate investment in the presence of better alternatives for controlling environmental impacts; it would certainly be a danger alarm. Things like this that must be wary of. It should also be understood, economic and investment issues are the problems that most intersect with the interests of the community. Not infrequently, investment actually causes conflicts that cause human rights violations and environmental damage by investors.