Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy June 27th 2020 THE 1st PROCEEDING International Conference And Call Paper Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy IMAM ASAo SYAFEI BUILDING Faculty of Law.
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The 6th Proceeding International Conference And Call Paper
Sultan Agung Islamic University COMITTE OF THE 6th PROCEEDING INTERNATIONAL
CONFERENCE AND CALL PAPER
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative ReviewAy Susunan Panitia Pengarah : Prof.
Dr.
Gunarto.
Akt.
Hum.
Penanggung Jawab : Dr.
Hj.
Anis Mashdurohatun.
Hum.
Ketua : Dr.
Hj.
Sri Endah Wahyuningsih.
,M.
Hum Sekretaris : Nailul Mukorrobin.
Psi Bendahara : Erna Sunarti,S.
Pd.
,M.
Hum Seksi Acara : Muhammad Ngazis.
Marcela Dinda.
Kom Shinta Puspita.
SE.
Seksi Konsumsi : Bambang Irawan Siti Pardiyah Riswanto Kesekertariatan : Slamet Ariyanto,S.
Agus Prayoga Reviewer : Prof.
Dr.
Eko Soponyono,SH.
,M.
Hum.
Prof.
Dr.
Hj.
I Gusti Ayu KRH.
SH.
,MM.
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Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy i Editor :
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SH.
,MH
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,M.
Hum.
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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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0, dimana para kandidat doktor dituntut untuk bisa menyesuaikan dengan perkembangan global dan meningkatkan kompetensi keilmuan serta Pada seminar ini telah dipresentasikan hasil penelitian dosen dan mahasiswa yang diikuti oleh peneliti-peneliti dari berbagai universitas yang telah mebahas berbagai keilmuan Hukum dan Humaniora.
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 IMPACT OF LAW OMNIBUS APPLICATION IN INDONESIA IS POSSIBLY HAPPENING TO ENVIRONMENT DEGRADATION
Sunarto1
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia ctkurator@gmail.
Eva Kurniasih2
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia evakurniasih@yahoo.
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 .
mbrella ac.
As a consequence, regulations regarding environmental protection appear to be the main targets to be changed and simplified.
Therefore, the potential for environmental neglect that develops into a criminal direction is very likely to occur because in the process of environmental degradation that is detrimental to various In the writing of the problem, the problem is: What is the potential for environmental degradation as a result of the omnibus law and its relation to the crime of environmental destruction? Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate.
Eliminating AMDAL in national projects is one form of serious risk to the environment.
AMDAL according to Article 24 paragraph 1 of Law No.
32 of 1999 states that AMDAL is a source of eligibility in environmental testing.
The AMDAL document will include a business impact assessment, evaluation of activities in the vicinity of the affected location, input suggestions and responses from the affected communities forecasts of the magnitude of the impact, evaluation of management and environmental monitoring.
Keywords: Omnibuslaw, degradation, environment Introduction Indonesia is one of the developing countries in the world which since the beginning of its independence has continued to strive to increase its quantitative competitiveness against other countries in the world.
Various attempts have been made by the government since the old order era to the reform order in increasing IndonesiaAos quantitative competitiveness in the eyes of the world.
Investment is one of the preferred steps in increasing competitiveness.
The reform era, especially the era of president Joko Widodo, prioritized investment in public infrastructure.
In President Joko WidodoAos nawacita program, good infrastructure is expected to increase state revenue.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy In his inaugural address.
President Jokowi mentioned five government priorities in the second period of his leadership .
1, namely human resource development, infrastructure development, simplification of regulations, simplification of bureaucracy, and economic transformation.
One of the ways that will be taken to realize the third priority is to compile an omnibus law, which is explained by the President as Aua law which also revises several .
Ay Initially the President stated that there were two omnibus laws to be prepared, namely the Omnibus Law Employment Creation (CLK) and the Omnibus Law Empowerment for SMEs (PMUKM).
On various other occasions, the President stated that the omnibus law was needed to accelerate the issuance of regulations that encourage investment ease.
Investment in infrastructure is an expensive and challenging investment.
IndonesiaAos investment climate is currently hampered by convoluted and overlapping regulations.
According to data from the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia there are approximately 632 regulations on land where 208 regulations are no longer in force and 424 regulations still apply.
424 existing regulations have many problems in implementation and often clash with other agencies.
The chaotic regulatory system in Indonesia causes decision-makers often get administrative problems and sometimes leads to criminal problems.
The existence of confusion in the existing regulations in Indonesia causes the decision makers to be hesitant in determining attitudes so that an existing problem often becomes completely unresolved.
Land law in Indonesia is mostly a legacy of the colonial era, especially the Netherlands.
Indonesia currently still applies several Agrarische Wet.
Agrariche Besluit laws.
Wetboek urgerlijk.
Besluit Koninklijk.
Regering Reglement.
Indische Staatsregeling which was originally formed to give power to the colonials and suppress proletarian natives.
Dutch law gave a considerable amount of power to the nobility and the bourgeoisie while the non-owners of capital or the proletariat became increasingly marginalized by development and ownership.
The government has at least drawn up the CLK Omnibus Law Draft.
Unfortunately, the process of making the omnibus law is very closed, even the manuscript is not accessible to the public.
The government in its official statement stated that it would only consider public input and considerations when the draft omnibus law was submitted to the DPR.
The Indonesian government is trying to make changes to the longstanding Dutch legal system.
Omnibus law is a new draft law created by the government to simplify existing regulations and is said to be very pro to the interests of the people.
Omnibus law is basically a regulation that combines several related articles into a single article.
Omnibus law is an Anglo-Saxon law .
ommon la.
which makes court decisions as a legal basis.
The existence of this draft law is debated by legal experts considering that if this law is applied it can be a source of state law.
Indonesian law which is a civil law will be shifted to a common law that has many problems in its contents, especially in employment and less attention to environmental Kompas.
AuNaskah Lengkap Pidato Presiden Joko Widodo dalam Pelantikan Periode 2019-2024Ay, diakses dari https://nasional.
com/jeo/naskah-lengkap-pidatopresiden-joko-widodo-dalam-pelantikan-periode-2019-2024 Berbagai liputan media.
Antara lain: Detik.
AuPemerintah akan bikin 2 Omnibus Law untuk revisi puluhan UUAy, https://news.
com/berita/d-4753213/jokowi-akan-bikin-2- omnibus-law-untuk-revisi-puluhan-uu Goesniadhie.
Kusnu.
Mewujudkan Tata Pemerintahan Yang Baik.
Malang: Nasa Media.
Sihombing.
Evolusi Kebijakan Pertanahan Dalam Hukum Tanah Indonesia.
Jakarta: Toko Gunung Agung Tbk.
Berbagai media.
Antara lain: https://nasional.
com/read/2020/01/22/14114001/ polemik-dan-klarifikasi-pemerintahsoal-ruu-omnibus-law-cipta-lapangan-kerja?page=all.
https://ekonomi.
com/read/20200124/12/1193738/pekandepan-pemerintahserahkan-draf-omnibus-law-ke-dpr.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University As a consequence, regulations regarding environmental protection appear to be the main targets to be changed and simplified.
Therefore, the potential for environmental neglect that develops into a criminal direction is very likely to occur because in the process of environmental degradation that is detrimental to various parties.
The problem is How is the Omnibus Law viewed from a progressive view of law in Indonesia? Methods of Research 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 study, because in this study describes the situation that occurs at present in a systematic and factual manner with the aim to explain and resolution of the problem under study.
Primary data obtained by researchers refers to data or facts and legal cases obtained directly through literature studies relating to research objects and practices that can be seen and related to research objects.
The data analysis method used is qualitative normative, which is the decomposition of data analysis which starts with information obtained to achieve clarity of the problem to be discussed, namely the potential for environmental degradation as a result of the omnibus law and its relation to criminal acts of environmental destruction.
Research Result and Discussion Omnibus Law Viewed From A Progressive View Of Law In Indonesia Based on the factors causing it, the form of environmental damage can be divided into 2 types, namely:
Forms of Environmental Damage Due to Natural Events Various forms of natural disasters which recently hit Indonesia have caused impacts of environmental The enormity of the tsunami that devastated the Mecca and Nias Serambi, and the 5-scale Ritcher earthquake that flattened the DIY area and its surroundings, are examples of natural phenomena that can instantly change the shape of the earthAos surface.
Other natural events that have an impact on environmental damage include:
Volcanic eruptions Volcanic eruptions occur because of the activity of magma in the bowels of the earth that causes strong pressure out through the top of the volcano.
The danger caused by volcanic eruptions include:
Rain of volcanic ash, causing respiratory problems.
Lava is hot, damaging, and deadly whatever is passed.
Hot clouds, can kill living creatures traversed.
Gas containing poisons.
Solid material .
ocks, gravel, san.
, can override housing, and others.
Earthquake Earthquakes are vibrations of the earthAos crust that can be caused by several things, including the activities of the magma .
olcanic activit.
, the occurrence of land subsidence, or because of the movement of the plates at the bottom of the ocean.
Humans can measure the intensity of an earthquake, but humans cannot predict when an earthquake will occur.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy Therefore, the danger posed by the earthquake is more devastating compared to volcanic eruptions.
At the time of the earthquake several events occurred as a direct or indirect result, including:
Various buildings collapse.
Land on the surface of the earth breaks, the road becomes broken.
Landslides due to shocks.
Flooding occurred, due to damage to the embankment.
Earthquakes that occur on the seabed can cause tsunamis .
idal wave.
Hurricane Hurricanes occur as a result of air flow from areas with high pressure to areas with low pressure.
These differences in air pressure occur because of striking differences in air temperature.
Typhoon attacks for countries in the Pacific and Atlantic Oceans are common.
For regions in California.
Texas, to Asian regions such as Korea and Taiwan, the danger of a hurricane is a seasonal disaster.
But for Indonesia it was only felt in mid-2007.
This shows that there has been a change in climate in Indonesia which is caused by symptoms of global warming.
The danger of a hurricane can be predicted through satellite photographs that illustrate the state of the EarthAos atmosphere, including images of hurricane formation, direction, and speed.
Angintopan .
attacks can cause environmental damage in the form of:
Tear down the building.
Damage to agricultural and plantation areas.
Danger the flight.
Cause large waves that can sink the ship.
Some forms of environmental damage due to human factors, including:
A The occurrence of pollution .
ir, water, soil and sound pollutio.
as a result of the presence of an industrial area.
A The occurrence of floods, as a result of adverse drainage or drainage systems and errors in maintaining watersheds and the effects of forest destruction.
A Landslides have occurred, as a direct result of forest destruction.
Some human actions that directly or indirectly have an impact on environmental damage among Illegal logging .
Illegal hunting.
Destroying mangrove forests.
Storage of swamps for settlement.
Garbage disposal in any place.
Wild buildings in watersheds (DAS).
Excessive use of natural resources beyond limits.
Potential Occurrence of Environmental Degradation as the Impact of Omnibus Law and its Relation to Criminal Acts on Environmental Damage Indonesia as a state of law should be able to provide legal certainty and equality for its people.
The presence of the so-called omnibus law will be a protective law for the people to draw criticism from various The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University elements of society.
One form of criticism of the omnibus law is the existence of the Gejayan Calling movement which was initiated by students.
NGOs and various elements of the people of Yogyakarta and Central Java.
According to a report from CNN Indonesia, various elements of society and students staged an action to reject the Omnibus Law Working Copyright Bill along Jalan Gejayan.
Yogyakarta on Monday 9 March 2020.
The period of action voiced that this regulation had many irregularities and harmed small communities and the environment.
Omnibus law is a law that is very foreign to Indonesia in terms of the mechanism of regulation According to law number 15 of 019 regarding amendment of Law no 12 of 2011.
In its definition the Omnibus law contains many rules which are considered to be related to one rule as applied.
Conclusion Based on historical comparisons of existing regulations in Indonesia, the omnibus law was made to renew the Agrarische Wet.
Agrariche Besluit.
Burgerlijk Wetboek.
Koninklijk Besluit.
Regering Regulations.
Indische Staatsregeling which are still applied by Indonesia.
The initial purpose of the omnibus law may be aimed at accommodating the common interests, but in reality this rule is not suitable for implementation in Indonesia.
Omnibus law which is a common law law can cause turmoil in society.
This law is also suspected to exacerbate the degradation of existing land due to the easier and more concise manner in obtaining land use permits by investors.
Eliminating AMDAL in national projects is one form of serious risk to the AMDAL according to Article 24 paragraph 1 of Law No.
32 of 1999 states that AMDAL is a source of eligibility in environmental testing.
The AMDAL document will include a business impact assessment, evaluation of activities in the vicinity of the affected location, input suggestions and responses from the affected communities forecasts of the magnitude of the impact, evaluation of management and environmental monitoring.
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, 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