Sitta Saraya, Puguh Triatmojo


The discourse of reform is still ongoing in almost every area of government. Efforts to continue to improve the system of government for the legislature and executive will focus on the law. A wave of changes in the rule of law stems from the executive with a legal formulation called the omnibus law. The President initiated the Omnibus Law with the intention of creating jobs through accelerating investment, Protests about the essence and existence of omnibus law created by the employment of citizens, workers, regional leaders, and especially civil society.What is the public criticism of the Omnibus Law Bill?Various consequences in the relationship between employers and workers become a form of agreement that is unidirectional and without any moderator. Ideally, in work relations, especially with reference to the history of Roman canon law, it must be based on the legal proposition that is Pacta Sunt Servanda (the agreement must be kept). That is, the principle of legal certainty in the agreement between employers and workers. The point is that the work agreement entrusted by the government to the two parties (employers and workers) must have the principle of consensualism and if a dispute occurs then it is decided by the judge in court. Right herein lays the weakness in seeing the consequences that will be experienced by workers (laborers). The first argument, they have lost access and relations in trade unions, governments and industrial relations dispute resolution institutions. When examined in the Critical Legal Theory, workers who experience work disputes with employers, almost certainly in the Omnibus Law Bill will be eliminated. The second argument, workers do not have strong economic capital to fight for their rights in court.

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