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The 6th Proceeding International Conference And Call Paper
Sultan Agung Islamic University COMITTE OF THE 6th PROCEEDING INTERNATIONAL
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The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University KATA PENGANTAR Bismillahirrohmanirrohim AssalamuAoalaikum Wr.
Wb.
Puji syukur kehadirat Allah S.
Tuhan Semesta Alam Yang Maha Esa.
Alhamdulillah, sebagai ucapan syukur kehadirat Allah Subhanahu WataAoala kami dapat menyelenggarakan The 6nd Proceeding International Conference And Call Paper dengan tema AuOmnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative ReviewAy terselenggara dengan baik.
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Sesungguhnya keberhasilan dalam mencapai tujuan pendidikan yang dicitacitakan sangat tergantung pada sikap mental, partisipasi serta disiplin setiap unsur yang terlibat dalam proses belajar mengajar.
Mudah-mudahan seminar Internasional yang sederhana ini dapat memberi sumbangsih dalam mencerdaskan bangsa Indonesia serta semoga Allah SWT selalu menyertakan ridho-Nya.
Amin.
Akhir kata, kami mengucapkan terima kasih kepada pimpinan Universitas Islam Sultan Agung, pimpinan fakultas Hukum Unissuala, pemakalah, editor dan serta pihak-pihak yang telah membantu terselenggaranya seminar ini dengan lancar tanpa hambatan suatu apapun.
WassalamuAoalaikum Wr.
Wb.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy Table Of Content
STRENGTH AND WEAKNESSES OF OMNIBUS LAW IN INDONESIA
Saprodin.
Widarto .
OMNIBUS LAW BETWEEN JUSTICE AND BENEFITS
Hartanto .
Aris Sudarmono .
JURIDICAL REVIEW OF THE FORMATION AND IMPLEMENTATION OF
OMNIBUSLAW IN LAW SYSTEM
Amir Darmanto ,Muh.
Tommy Fadlurohman .
IMPACT OF LAW OMNIBUS APPLICATION IN INDONESIA IS POSSIBLY
HAPPENING TO ENVIRONMENT DEGRADATION
Sunarto ,Eva Kurniasih .
Omnibus Law in Progressive Law Views in Indonesia Nasrudin ,Joko Prasetyo .
OMNIBUS LAW WAS REVIEWED FROM THE EXCESS AND LACKS OF THE LEGAL
CODIFICATION SYSTEM IN INDONESIA
Binov Handitya ,Jarot Jati Bagus Suseno .
OMNIBUS LAW AS SIMPLIFICATION OF LEGISLATION IN INDONESIA
FA Alexander GS ,Sundoyo .
PREROGATIVE RIGHTS OF PRESIDENTS IN OMNIBUS LAW
Tri Mulyani ,Sih Ayuwatini .
OMNIBUS LAW AND ITAoS IMPLEMENTATION OF INDONESIAN COUNTRY MARITIME DEFENSE AND ISLAMIC LAW VIEWS ABOUT STATE DEFENSE Aminudin Yakub ,Teddy Prayoga .
OMNIBUS LAW AND PROBLEMATICS LABOR IN INDONESIA
Nukhbatul Mankhub .
Aep Saepudin2 .
OMNIBUS LAW IN INDIGENOUS LAW VIEWS IN INDONESIA
Carolina da Cruz ,Suwitno .
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University OMNIBUS LAW IN RENEW OF CRIMINAL LAW Lukman Muhadjir ,Salidin .
URGENCY OF THE OMNIBUS LAW BILL
Andi Lala ,Sudiharto .
THE APPLICATION OF OMNIBUS LAW IN THE EFFECT OF LEGAL REFORM IN
INDONESIA
Warijan ,Tri Setyadi Artono .
OMNIBUS LAW IN ECONOMIC DEVELOPMENT CONTEXT IN INDONESIA
Indrayana Addhywibowo Kusumawardana ,Iva Amiroch .
IMPLEMENTATION OF OMNIBUS LAW IN LAW OF WORK FIELD IN INDONESIA
Yimmy Kurniawan ,Henny Rosita .
OMNIBUS LAW OPPORTUNITIES AND CHALLENGES IN THE INDONESIAN
LEGISLATION SYSTEM
Yuni Nurkuntari ,Sunardi .
OMNIBUS LAW IN COMPLETION OF LAND REGULATION PROBLEMS
Enju Juanda.
Mairul .
LAW OF OMNIBUS LAW BUSINESS AGENCY FOR INDONESIAN COMMUNITY
WELFARE
Ilham Akbar ,Ahmad Husaini .
THE CONCEPT OF OMNIBUS LAW RELATED TO NORMAL LAW APPLICABLE IN
INDONESIA
Ariyanto ,Joncik Muhammad .
OMNIBUS LAW FOREIGN INVESTMENT IN INDONESIA
Adhi Budi Susilo ,Irwanto Efendi .
OMNIBUS LAW AND THE NEED OF INDONESIAN ECONOMIC INVESTMENTS
VIEWED FROM ISLAMIC LAW VIEWS RELATED TO ECONOMY
Ahmad Syauqy S ,Yanto Irianto .
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy VII
CRITICISM OF THE COMMUNITY IN THE OMNIBUS LAW BILL
Sitta Saraya ,Puguh Triatmojo .
MANIFESTATION OF PANCASILA VALUES IN THE OMNIBUS LAW FOR JUSTICE
Andri Winjaya Laksana.
LEGAL REVIEWOF LAW PROTECTION THEORY IMPLEMENTATION
IN DISPUTE OF ADMINISTRATIVE COURT
Ahmad Yani.
OMNIBUS LAW ON JOB CREATION BILL IN THE ZEMIOLOGY PERSPECTIVE
Arif Awaludin.
Eti Mul Erowati.
Ninik Hartariningsih.
Application Of Omnibus Law In The Investment Field As A Efforts To The Settlement Licensing Regulation And Harmonization Of Law Regulation In Indonesia GaluhKartiko.
Ludfi AUAUDjajanto,Rosy ApriezaPuspita Zandra.
IDEAL CONSTRUCTION OF THE IMPLEMENTATION OF A CONSTITUTIVE
SYSTEM (AuFIRST TO FILEA.
IN BRAND REGISTRATION Hani Subagio.
CRIMINAL PUNISHMENT AGAINSTPERPRETRATORS OF HUMAN TRAFFICKING
Johny Koesoema.
WEAKNESSES OF THE LEGISLATION FUNCTION OF THE REGIONAL
REPRESENTATIVE COUNCIL IN THE BICAMERAL PARLIAMENT SYSTEM IN
INDONESIA
Kelik Endro Suryono.
UTILIZATION OF VILLAGE FUNDS ACCORDING TO LAW NO.
6 OF 2014 TO
PREVENT CRIMINAL ACT OF CORRUPTION
Rohmidhi Srikusuma.
POTENTIALS OF NATURE TYPE AROUND BY THE ADVANCED: JURIDICAL
ANALYSIS OF LAW OMNIBUS LAW DRAFT OF LAW
Subaidah Ratna Juita.
Deni Setya Bagus Yuherawan .
The 6th Proceeding International Conference And Call Paper
Sultan Agung Islamic University MEDIATION ROLE IN SOLVING SHARIA ECONOMIC DISPUTE AS CIVILIZATION
TOWARD ETHICAL VALUE OF ISLAM
Santoso.
THE IMPLEMENTATION OF CRIMINAL CONVICTIONFOR CHILDREN UNDER
THE AGE OF CRIMINAL RESPONSIBILITY BASED ON JUSTICE VALUE
Yustinus Bowo Dwinugrono.
Re-Conceptualizing WorkersAo Constitutional Rights in the Cipta Kerja Bill based on the Indonesian Welfare State Principles Zulkarnain Ridlwan.
Yuswanto.
Muhtadi.
Yusdiyanto.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy URGENCY OF THE OMNIBUS LAW BILL
Andi Lala1
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia andidoshukum@gmail.
Sudiharto2
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia sudihartos@gmail.
ABSTRACT
Countries that uphold the law must be based on law that is steady, strong and provides a sense of justice.
The law is indeed made by the state not merely as a social engineering tool, but more than that to uphold justice and protect human dignity.
Not a few human rights are entrusted to the law to be protected or protected, because without legal protection, there will be many violations of law.
Law interpreted as a legal system has a very important position as the basis for government action.
The application of the Omnibus law is also not new, in the United States, which is characterized by the Anglo-Saxon legal system, the Omnibus law has often been used as a cross-sectoral law.
This makes the ratification of the Omnibus law by the DPR can directly amend several laws at once.
That is.
Omnibus law is a method or concept of making regulations, which combines several rules, the substance of which is different arrangement into one rule in one legal umbrella.
The problem in writing this paper is how is the urgency of the Omnibuss law bill? The application of the omnibus law can be done immediately because it is very good to form leaner rules and harmonization as long as the material .
regulated in the Omnibus Law is contrary to the Pancasila and the Constitution.
Therefore in the process of course the concept of the Omnibus Law must still refer to the conditions in the formation of a statutory regulation.
The principle of transparency is communicated with those who will be directly and indirectly affected, as well as the existence of moral ethics in the formation of the Laws and Regulations themselves.
Because the omnibus law bill is not only aimed at harmonizing and ending overlapping regulations that have occurred so far, the omnibus law scheme will also be able to boost improvements in regulatory quality in Indonesia so that it is expected to create a pro-investment climate and ease of business licenses.
Keywords: urgency, omnibuslaw.
INTRODUCTION
Literally, the definition of omnibus law is the law for all.
This term comes from the Latin word omnis which means Aofor allAo or AomanyAo.
Bryan A.
Garner in the Black Law Dictionary Ninth Edition states:
AuOmnibus: relating to or dealing with numerous objects or items at once: including many things or having various purposesAy.
This means that the omnibus law deals with or deals with various objects or things at once and has a variety of purposes.
So, this regulatory scheme that has been known since 1840, is a Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy comprehensive and comprehensive rule, not bound by one regulatory regime1.
This term was mentioned by President Joko Widodo in his first speech after being appointed president for the second time in October 2019.
The President said that the omnibus law would simplify the regulatory constraints that are often convoluted and long.
The government also believes that the omnibus law will improve IndonesiaAos investment ecosystem and competitiveness so that it can strengthen the national Secretary of the Coordinating Ministry for Economic Affairs Susiwijono said, there are at least 3 .
benefits from the application of Omnibus law, which are as follows:
Eliminating overlaps between laws and regulations.
Efficiency of the change / revocation process of legislation.
Eliminating the sectoral ego contained in various laws and regulations2.
The application of the Omnibus law is also not new, in the United States, which is characterized by the Anglo-Saxon legal system, the Omnibus law has often been used as a cross-sectoral law.
This makes the ratification of the Omnibus law by the DPR can directly amend several laws at once.
That is.
Omnibus law is a method or concept of making regulations, which combines several rules, the substance of which is different arrangement into one rule in one legal umbrella.
If we look at the use of the concept of the Omnibus law, it seems that it can answer the problem of overlapping laws and regulations in Indonesia.
Referring to data released by the Indonesian Center for Law and Policy Studies (PSHK) on July 16, 2019, recorded throughout the span of 2014 to October 2018 alone, 8,945 regulations have been published.
Of these, the details consist of 107 laws, 452 government regulations, 765 presidential regulations, and 7,621 ministerial regulations3.
With this number of regulations in Indonesia, this has an impact, namely the obstruction of government programs so far to the public such as various access to public services, including related facilities and ease of doing business.
A study by the National Development Planning Agency (Bappena.
in 2018 shows that overlapping regulations and institutional sectoral egos are the biggest obstacles to slowing economic growth.
This overlapping regulation is suspected to be one of the factors inhibiting the entry of foreign investment into Indonesia.
In addition, policy or authority conflicts between one ministry / institution and other ministries / institutions, and also between the central government and regional governments have made the government unable to move swiftly and responsively to face the problems and challenges that arise, and hampered the implementation of development programs and the worsening investment climate in Indonesia.
At the same time, the challenges of the ecosystem era of the digital society are facing us.
Indonesia must not linger with formal procedures.
A policy breakthrough in the process of drafting the law must be born Then the omnibus law becomes a short way as a solution to the conflicting laws and regulations, both vertically and horizontally.
The Omnibus law, which will be made by the Government of Indonesia, consists of two big laws, namely the Taxation Law, the Employment Creation Law, and the UMKM Empowerment Act.
The Omnibus law is planned to harmonize 82 laws and 1,194 articles.
From the description above, the problem is: What is the urgency of the omnibus law bill in Indonesia? Methods of Research https://w.
online-pajak.
com/omnibus-law accessed on June 6, 2020.
https://indonesia.
id/narasi/indonesia-dalam-angka/ekonomi/omnibus-law-solusi-dan-terobosan-hukum accessed on June 6, 2020.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University The method of approach in this study uses the type of normative juridical research.
Normative juridical research is research focused on examining the application of rules or norms in positive law.
This type of research is a type of qualitative descriptive research, because in this study describes the situation that occurs at the moment systematically and factually with the aim to describe and resolve the problem under study, the urgency of the omnibus law bill in Indonesia.
Primary data obtained by researchers refers to data or facts and legal cases obtained directly through library studies relating to research objects and practices that can be seen and related to research objects.
The data analysis method used is normative qualitative, namely the decomposition of data analysis which starts with the information obtained to achieve clarity of the problem to be discussed is urgency of the omnibus law bill in Indonesia.
Research Result and Discussion Urgency Of The Omnibus Law Bill In Indonesia Indonesia is a state of law as stated in the Indonesian Constitution stated in Article 1 paragraph .
of the 1945 Constitution of the Republic of Indonesia, namely the State of Indonesia is a state of law (Rechtstaat.
not a state of power (Machtsstaa.
In a country that upholds the law, it has legal objectives, among others, order, peace, peace, prosperity and happiness in the governance of social life4.
Countries that uphold the law must be based on law that is steady, strong and provides a sense of The law is indeed made by the state not merely as a social engineering tool, but more than that to uphold justice and protect human dignity.
Not a few human rights are entrusted to the law to be protected or protected, because without legal protection, there will be many violations of law.
Law interpreted as a legal system has a very important position as the basis for government action5.
If a country has positioned itself as a state of law .
, then the consequence of the product is the regulation that becomes the rule of the game in the middle of peopleAos lives, where the content of the norm in it will mention the prohibition, order, compliance, and sanctions that are binding.
The law contains the norms of protecting peopleAos interests such as justice, freedom of choice, fair treatment, humane treatment, the right to obtain welfare and decent work, including those containing law enforcement.
If the organizer of power implements the tasks outlined by this law, it means to carry out the ideal goals inherent in the rule of law, such as protecting and protecting human life, that the legal expectations have been fulfilled6.
The constitution has an important position in the administration of the rule of law.
According to Aristotle, the constitution is the arrangement of positions in a country and determines what is meant by governmental bodies and the end of each society.
The constitution is the rules and the state authorities must regulate according to these rules7.
AristotleAos opinion is basically a constitution is the legal basis of all laws rather than the ruler, so that the constitution is the basic foundation of a country.
The problem is that the enforcement of the constitution in Indonesia is known to have a convoluted process and takes a very long time because of the many existing regulations and some that are conflicting.
The high number of regulations makes the pace of government decision making slow.
As a legal product, regulations or laws are defined as written regulations that contain generally Firman Freaddy Busroh.
Teknik Perundang-undangan: Suatu Pengantar.
Jakarta: Cintya Press, p.
Sorjono Soekanto.
Sosiologi Hukum dalam Masyarakat.
Jakarta: Rajawali, p.
Rosecoe Pond.
An Inttoduction to the Philosophy of Law.
Terjemahan.
Jakarta: Bhatara Niaga Media, p.
Azhary.
Hukum Indonesia Analisis Yuridis Normatif tentang Unsur-Unsurnya.
Jakarta: Universitas Indonesia Press, p.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy binding legal norms and are formed or stipulated in statutory regulations.
But the image of the ideality of the law is still far from reality.
Instead of providing the essence of legal certainty for the community.
Indonesian laws and regulations often provide legal uncertainty, the effects of which overlap many regulations either at the same hierarchy level or with the rules below.
Overlapping of rules and legal ambiguity in various laws have become a problem that has impeded investment.
Therefore, according to President Joko Widodo, the omnibus law is considered to be the solution to solve the problem8.
As previously mentioned about the definition of the omnibus law, it can be further concluded that the 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 kind of Auumbrella lawAy .
mbrella la.
And when regulations such as the legal umbrella are promulgated, the consequence will be to revoke certain rules in which the norm or substance is also not impossible to be declared invalid, either in part or in whole9.
Moreover, because at this time Indonesia is plagued by a plague of the Covid-19 virus pandemic, the President said that to respond to changes in the world that are not taken into account like the emergence of this pandemic, the omnibus law must be decided quickly10.
The Deputy Chairman of the Republic of Indonesia DPR in the field of Korinbang Rachmat Gobel also explained that the urgency to continue the Omnibus Law Bill actually focused on the structural economic changes that will be faced by Indonesia in the future due to this pandemic.
According to him.
IndonesiaAos economic resilience currently shows conditions in a very heavy scenario.
For this reason, a breakthrough is needed that what is being done by the government must have a final policy that can be a total recovery after the Covid-19 pandemic11.
In a discussion.
Djisman gave the view that the acceleration of development during the Covid-19 pandemic could be done through the realization of the omnibus law which was the core of the new economic Indonesia lost time due to this pandemic by closing business, closing physical schools, closing physical worship, losing output, losing work .
, returning migrants .
igrant worker.
, decreasing consumption, decreasing exports, slowing investment, and having huge uncertainty about what to come .
reat uncertainty about what is to com.
Therefore we need to accelerate the new economic landscape.
Some of these policies include sharpening competition in international trade, foreign investment, technology company markets, the human talent market (Asia as an epicenter of growt.
In addition, pursuing a very loose macro policy includes very low interest rates, large increases in social protection programs, rescue companies and financial services, massive increases in government debt.
CORE IndonesiaAos Executive Director Hendri Saparini added to the omnibus law discussion cluster, covering simplification of licensing, investment requirements, employment, facilities, empowerment, and protection of MSMEs, ease of doing business, research and innovation support, government administration, imposition of sanctions, land acquisition, investment and projects the government, as well as the economic region, seem to adequately represent the fundamentals of structural transformation12.
Seeing the situation that has been described, constitutional law expert Refly Harun said the application of the omnibus law could be done immediately because it was very good to form leaner rules and harmonization after the pandemic ended.
Because the omnibus law bill is not only aimed at harmonizing and https://w.
com/ekonomi/20171024125609-92-250596/jokowi-sebut-42-ribu-aturan-hambat-ri-ikutiperubahan-global accessed on June 5, 2020.
AE Bagir Manan.
Beberapa Masalah Hukum Tata Negara Indonesia.
Bandung: Alumni, p 144.
10 https://mediaindonesia.
com/read/detail/288127-presiden-tekankan-urgensi-omnibus-law accessed on June 5, 2020.
https://w.
id/ekonomi/makro/xkEY2E3k-pembahasan-ruu-omnibus-law-harus-dilanjutkan accessed on June 5, 2020.
Ibid.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University ending overlapping regulations that have occurred so far, the omnibus law scheme will also be able to boost improvements in regulatory quality in Indonesia so that it is expected to create a pro-investment climate and ease of business licenses.
The problem is, it takes a special team to analyze what regulations need to be harmonized, partially or completely removed because relying on inter-ministerial work can take a long time.
As for Indonesia actually has several times applied the concept of Omnibus Law, this can be seen in Perpu Number 1 of 2017 concerning Access to Financial Information for Tax Interest in conjunction with Law Number 9 of 2017.
Law Number 23 of 2014 concerning Regional Government.
Then the Omnibus Law was established at the level of the MPR Decree of the Republic of Indonesia, namely RI Decree Number I / MPR / 2003 concerning Review of Material and Legal Status of the Decree of the MPRS and the Decree of the Republic of Indonesia from 1960 to 200213.
In forming a statutory regulation, of course, requires a foundation that serves as a guideline in the establishment practice.
Good legislation is a statutory regulation that has a basis or foundation called Grundnorm.
Grundnorm is the foundation for the formation of law that has justice, certainty and usefulness of course.
In Pancasila Democracy.
Pancasila is a Grundnorm for the Indonesian people.
Pancasila is the source of all sources of law in Indonesia.
Therefore, if the formation of laws and regulations in Indonesia is not in accordance with Pancasila, then the laws and regulations do not have a strong basis to be enacted, and thus, these laws and regulations do not meet the concept in the formation of existing laws and regulations.
The concept of forming laws and regulations is a plan or plan in shaping the law.
The law is essentially a product of the assessment of mind rooted in the human conscience of justice regarding human behavior and human life situations.
Justice is an abstract value that needs to be realized in the form of legal norms as a means to realize these values in AUAU social life.
The realization of the values of AUAU legal norms in society is formed through the legislation.
The laws and regulations that are formed must fulfill a sense of justice14.
According to Sajipto Rahardjo, in the process of drafting the law, he must pay attention to the role of the legal principle, the aim is that the practice does not far deviate from what is aspired.
The legal system, including laws and regulations that are built without legal principles, will only form a pile of laws.
The principle of law provides the direction needed.
In the future, problems and regulated fields will certainly increase.
So when the law or law is developed, the principle of law provides guidance in how and in what direction the system will be developed15.
If we look at Law No.
12 of 2011 concerning the Formation of Regulations and Regulations there are principles in the formation of laws and regulations.
These principles include the principle of clear objectives, the principle of the need for regulation, the principle of organs / institutions and the appropriate content material, the principle of recognition, the principle of equal treatment in law, the principle of legal certainty, the principle of implementing law according to individual circumstances.
A Hamid S Attamimi tends to divide the principles of the formation of appropriate laws and regulations into formal principles with the details of the principle of clear objectives, the principle of the need for regulation, the principle of organs / institutions that are appropriate, the principles of the appropriate content material, the principle can be implemented, and the principle can be recognized, and the material principle with the details of the principle in accordance with the ideals of Indonesian law, the principle in accordance with the countryAos Basic Law, the principle in accordance with the principles of the State based on the law, and the principle in Agnes Fitryantica.
Harmonisasi Peraturan Perundang-Undangan Indonesia Melalui Konsep Omnibus Law.
Jurnal Gema Keadilan (ISSN: 0852-.
Vol.
Edisi i, p.
https://w.
com/hamdanny/5e853bf6d541df10a61681b3/memahami-omnibus-law-sebagai-suatu-konsepdalam-pembentukan-peraturan-perundang-undangan accessed on June 6, 2020.
Sajipto Rahardjo.
Sisi-Sisi Lain dari Hukum di Indonesia.
Jakarta: Kompas, p.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy accordance with the principles of government based on the constitutional system16.
The legal norms of any country are always multi-layered and tiered.
The norms below apply are sourced and are based on higher norms, higher norms are valid sourced and are based on even higher norms up to a highest norm called Basic Norms17.
The hierarchy of laws and regulations becomes one of the important principles in the process and technical formulation of laws and regulations.
The types and hierarchy of laws and regulations consist of:
The 1945 Constitution of the Republic of Indonesia.
Decree of the PeopleAos Consultative Assembly Government Act / Regulation in Lieu of Law Government Regulations Presidential Regulation Provincial Regulations Regency / City Regional Regulations18.
In theory legislation in Indonesia, the position of the Law from the concept of the omnibus law has not been regulated.
If you look at the legal system in Indonesia, the Law resulting from the concept of the omnibus law can be referred to as the Umbrella Law because it regulates thoroughly and then has power over other rules.
However.
Indonesia does not adhere to the Umbrella Law because the position of all the Laws is the same so that in theory the legislation must be given legitimacy in Law No.
12 of 2011 concerning the Formation of Legislation.
But if it is not possible to make changes to Law No.
12 of 2011, it must look at the contents of the provisions in the omnibus law, whether it is general or detailed like ordinary law.
If it is general, not all provisions are revoked but only those that are contradictory.
But if the provisions are general, it will be a problem if clashed with the principle of lex specialist derogat legi generalis .
pecial rules override general rules, because with the existence of omnibus law, then automatically regional level regulations must also comply with new rules from the concept of the omnibus law.
So if the omnibus law wants to be applied in the legal system in Indonesia, it is usually in the form of a law, because the substance of the law is a further regulation of the provisions of the 1945 Constitution of the Republic of Indonesia19.
In Article 8 paragraph 1 of Law 12 of 2011 various types of regulations were formulated which were considered as statutory regulations from various state institutions and authorized officials.
If the formulation is reviewed based on the function and authority of the institution or official who formulated the legislation therein, it is known that not all state institutions or officials have the authority to form a general regulation and apply as a statutory regulation.
The omnibus law concept will restore government authority and implementation of the law to the President as the holder of government power.
The NSPK regulation by the President will reinforce the authority and synchronization of the implementation of authority and implementation of standardized laws and eliminate sectoral egos.
Regulations for implementing the Law and the NSPK are determined by the President.
Firman Freaddy Busroh.
Konseptualitas Omnibur Law dalam Menyelesaikan Permasalahan Regulasi Pertanahan.
Jurnal Arena Hukum.
Vol.
No.
2, p.
Maria Farida Indrati.
Ilmu Perundang-Undangan Jenis.
Fungsi.
Materi Muatan.
Yogyakarta: Kanisius, p.
UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-Undangan Pasal 7 Ayat 1.
Henry Donald Lbn.
Toruan.
Pembentukan Regulasi Badan Usaha dengan Model Omnibus Law.
Jurnal Hukum to-ra.
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The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University In the end, the Omnibus Law is one of the brave breakthroughs of the Government of Indonesia to realize the Vision of Forward Indonesia in 2045.
This needs to get mutual support so that it can become the strength of the Indonesian nation in facing various global economic geostrategic changes.
The courage to make a big leap needs to be done in order to encourage economic growth so that it can continue to compete with other countries.
There are five steps that must be fulfilled by law makers if they are going to draft the Omnibus Law.
Here are five steps that the government must take to ensure that the Omnibus Law can be effective and not First, the House of Representatives (DPR) together with the government must involve the public in every stage of its preparation.
The broad scope of the Omnibus Law requires lawmakers to reach out and involve more relevant stakeholders.
Second, the Parliament and the government must be transparent in providing any information on the development of the Omnibus Law formulation process.
This participation and transparency which is absolutely repaired reflects the legislative process which has caused recent controversies such as the formulation of the revision of the Corruption Eradication Commission Law and the Revision of the Criminal Code.
Third, the drafters must map the relevant regulations in detail.
Fourth, the composer must strictly harmonize both vertically with higher regulations and horizontally with equal rules.
Fifth, the compiler must preview before it is approved.
This preview is prioritized to assess the impact that will arise from the Act to be passed20.
Conclusion Bryan A.
Garner in the Black Law Dictionary Ninth Edition states: AuOmnibus: relating to or dealing with numerous objects or items at once: including many things or having various purposesAy.
This means that the omnibus law deals with or deals with various objects or things at once and has a variety of purposes.
Thus, the omnibus law bill scheme, which is a comprehensive and comprehensive rule, is not bound by only one regulatory regime.
The application of the omnibus law can be done immediately because it is very good to form leaner rules and harmonization as long as the material .
regulated in the Omnibus Law is contrary to the Pancasila and the Constitution.
Therefore in the process of course the concept of the Omnibus Law must still refer to the conditions in the formation of a statutory regulation.
The principle of transparency is communicated with those who will be directly and indirectly affected, as well as the existence of moral ethics in the formation of the Laws and Regulations themselves.
Because the omnibus law bill is not only aimed at harmonizing and ending overlapping regulations that have occurred so far, the omnibus law scheme will also be able to boost improvements in regulatory quality in Indonesia so that it is expected to create a pro-investment climate and ease of business licenses.
Suggestion Provide recommendations to the Government and Parliament to: Arrange omnibus law transparently and involve all stakeholders .
ncluding affected and / or interested communitie.
in the drafting process.
Agnes Fitryantica.
Ibid, p.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy both at the government and DPR levels, and open to all opinions expressed.
Review rational choices related to the elimination of MDAL and LP3H in Indonesia.
Maintaining the threat of criminal sanctions for administrative violations .
ncluding permit violation.
due to: a.
Business actors who have received administrative sanctions do not obey or repeat their actions again.
There are actions which if carried out without permission will pose a huge danger to the environment and cannot be recovered .
rreversible damag.
so more severe sanctions .
riminal sanction.
are needed to ensure the deterrent effect and uphold justice.
Maintain, even strengthen, rules related to community involvement to be in line with the principles of sustainable development.
Thus the policy encourages the acceleration of investment and development chosen to be more inclusive and gain support from the community .
References