Omnibus Law in Progressive Law Views in Indonesia

Abstract

Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). As for the phenomenon relating to laws and regulations that are now surfacing and reaping debates, when the government submits the Draft Bill on the Employment Copyright to the House of Representatives the debate on the matter arises not without reason, because the Draft Bill on the Employment Copyright it was formed by the government through Omnibus Law. Not only that, even of the 50 Draft Laws included in the 2020 National Legislation Program (Prolegnas), four of them are omnibus law which consists of a Bill on the National Capital, a Bill on Pharmaceuticals, a Bill on Copyright on Employment, and a Bill on Provisions and Tax Facilities for Strengthening the Economy. In the description of writing, the problem is how is Omnibus Law viewed from the view of progressive law in Indonesia? In the hierarchy / sequence of laws and regulations in Indonesia, the concept of Omnibus Law has not been included as a principle in legal sources, but the harmonization of laws and regulations in Indonesia is continuously carried out to minimize conflicts of laws and regulations. Professor Satjipto Rahardjo gave an example of legal means and a person who is a maverick to realize greater legal and social goals. Discretion in the police. In a condition where the police are given the authority not to apply the law that should be based on consideration of saving the situation. This often happens in traffic settings. In addition there is also deponeering or overriding the ongoing legal process.