OMNIBUS LAW AS SIMPLIFICATION OF LEGISLATION IN INDONESIA

FA Alexander GS, Sundoyo Sundoyo

Abstract


At present, the application of the Omnibus Law or “Omnibus Law†has become the political will of the President because it has been officially presented before the Plenary Session of the MPR-RI at the inauguration ceremony of President Joko Widodo on October 20, 2019 ago. However, the omnibus law policy is only for 2 bills, namely the bills related to Job Creation and bills related to Empowerment of Micro, Small and Medium Enterprises. However, the mention of the two Laws in the President’s official speech can be considered only as an example or as a “pilot projectâ€. The problem in this paper is how is the omnibus law in the process of simplifying legislation in Indonesia? To overcome the tendency towards less productive national legislation, several changes in national legislation and policies are needed. First, the legislative mechanism can be made simpler, including the format of the law can be arranged to be simpler. Second, each law has an equal position with other laws. Therefore, to ensure that there is integration in every agenda for the formation of laws, the practice of ‘omnibus law’ as a custom formed in the ‘common law’ system since 1937 can be applied in Indonesia, even though Indonesia adheres to the tradition of ‘civil law’ system

Full Text:

PDF

References


Jimly Asshiddiqie. 2019. Penyederhanaan Legislasi dan Kodifikasi Administratif. Jakarta: Materi

Makalah Omnibus Law.

Yudi Latif. 2011. Negara Paripurna. Jakarta: Kompas Gramedia.

CNBC Indonesia, https://www.cnbcindonesia.com/news/20200212114420-4- 137233/hari-ini-draftomnibus-law-cilaka-diserahkan-ke-dpr

CNN Indonesia, https://www.cnnindonesia.com/nasional/20200122164312-32- 467714/4-ruuomnibus-law-dikebut-dpr

https://www.hukumonline.com/berita/baca/lt58a6fc84b8ec3/menimbang-konsep omnibus-law-biladiterapkan-di-indonesia/


Refbacks

  • There are currently no refbacks.