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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.
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Amin.
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WassalamuAoalaikum Wr.
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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 OMNIBUS LAW IN RENEW OF CRIMINAL LAW
Lukman Muhadjir1
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia medoho@gmail.
Salidin2
1,2,
Doctorate Student of Faculty of Law Sultan Agung Islamic University Semarang.
Indonesia sh1466@gmail.
ABSTRACT
Indonesia is currently experiencing obesity regulations, so that at the level of implementation of the legislation raises problems.
President Joko Widodo in his first speech after being appointed president in the second period, last October 2019, said that the omnibus law would simplify regulatory constraints.
The government believes that the omnibus law will improve IndonesiaAos investment ecosystem and competitiveness so that it can strengthen the national economy.
The problem in writing this paper is how is the omnibus law in criminal law reform? In the view of criminal law, the enactment of omnibus law uses the principle of lex specialist derogat legi generalis .
special rule that overrides general rules, because with the existence of omnibus law, then automatically regional level regulations must also comply with new rules of the omnibus law concep.
So if the omnibus law is 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 arrangement of the provisions of the 1945 Constitution of the Republic of Indonesia.
If the omnibus law is made as a renewal of the criminal law, then all the Laws and even the Criminal Code must be thoroughly dismantled and revised to later be made into a new law in the form of an omnibus law.
Because if it is not done so, then there cannot be two laws that govern the same And this does not solve the initial problem experienced by Indonesia, namely regulatory obesity.
Keyword : Criminal Law.
Omnibus Law
INTRODUCTION
The era of government leadership President Ir.
Joko Widodo from the beginning always echoed to facilitate investment, this enthusiasm could be not because of other party elements but the experience before becoming a president was a Meubel businessman, who in running his business experienced obstacles in licensing procedures and other regulations that hindered him in attempted.
In Indonesia, we do not yet have a National Criminal Law Code so that the Criminal Law Act is still being imposed by the colonial government of the Dutch East Indies.
The Systematics of the Criminal Law Code consists of Book I on General Provisions (Articles 1-.
Book II on Crimes .
rticles 104-.
, and Book i on Violations (Articles 489-.
In addition, criminal law is also specifically regulated in special laws and various other statutory regulations that were made since after IndonesiaAos independence.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy Unfortunately.
Indonesia is now experiencing obesity regulations or the excess number of existing The number of regulations in Indonesia has now reached 42 thousand regulations from the central level to the regional level23.
In the level of implementation of the legislation raises problems, for example inconsistencies, disharmony, and legal obesity24.
The reason is the preparation of regulations that are not carried out in a structured, systematic, massive manner, and overlap between one regulation and another that results in regulatory products causing uncertainty and treatment gaps before the law.
One of the steps in aligning and disciplining carried out by President Joko Widodo is to cut or remove 3 thousand problematic Regional Regulations without going through studies.
However, the alignment and discipline process will be difficult because the number of regulations is very large and tends to be over regulated so that the alignment and discipline process is not easy to do25.
These problems if not addressed will lead to legal uncertainty for the community and hinder national economic development.
Legal certainty is needed to calculate and anticipate risks, even for a country legal certainty is one of the factors that greatly supports the economic resilience of a country26.
For this reason.
President Joko Widodo in his first speech after being installed as president in the second period, last October 2019, stated that the omnibus law would simplify the regulatory constraints27.
The government believes that the omnibus law will improve IndonesiaAos investment ecosystem and competitiveness so that it can strengthen the national economy.
The problem is How is the Omnibus Law in the renewal of Criminal Law? 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 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 omnibus law in criminal law reform.
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 Omnibus Law in the renewal of Criminal Law.
Research Result and Discussion Omnibus Law in the renewal of Criminal Law Pramono: Indonesia Alami AoObesitasAo Regulasi.
Artikel accessed by https://elshinta.
com/news/162115/2018/11/28/ pramono-indonesia-alami-obesitas-regulasi on June 12, 2020.
Bayu Dwi Anggono.
The Politics of Law On The Formation of Responsive.
Participative, and Populist Legislation.
International Journal of Business.
Economics and Law.
Vol.
Issue 4.
April 2016, p.
Andi Sandidi.
Refleksi Terhadap Pembatalan Produk Hukum Daerah.
Makalah Lecture on Law and Judicial Review: Konstitusionalitas Kewenangan Kemendragi dalam Membatalkan Perdadi Era Otonomi Daerah.
Diselenggarakan oleh Keluarga Mahasiswa Magister Hukum Fakultas Hukum Universitas Gadjah Mada di Yogyakarta.
September 2016.
Adi Sulistiyono.
Pembangunan Hukum Ekonomi untuk Mendukung Pencapaian Visi Indonesia 2030.
Inauguration Speech Professor of Economic Law.
Sebelas Maret University Faculty of Law Surakarta on November 17, 2007 Was-was AoSapu JagatAo Omnibus Law.
Article accessed by https://w.
id/2020/01/28/was-was-sapu-jagatomnibus-law/ on June 12, 2020.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University Omnibus law starts from the word Omnibus.
The word Omnibus comes from Latin which means for everything28.
If coupled with the word Law it can be defined as law for all.
According to constitutional law experts, the concept of the omnibus law is a concept of legal products that functions to consolidate various themes, materials, subjects, and laws and regulations in each different sector to become one large and holistic legal product29.
Some of the goals for the formation of the omnibus law are as follows:
Overcoming conflict of laws quickly, effectively and efficiently.
Uniforming government policies both at the central and regional levels to support the investment climate.
Licensing management is more integrated, efficient, and effective.
Able to break the chains of bureaucracy that linger.
Improving coordination relationships between related agencies because it has been regulated in an integrated omnibus regulation policy.
There is guaranteed legal certainty and legal protection for policy makers30.
The state constitutional law expert.
Refly Harun, said that the application of the omnibus law could be done immediately because it was very good for establishing lean and harmonized rules.
The problem is, we need a special team to analyze the regulations that need to be harmonized, partially or completely erased because they rely on inter-ministerial work that can take a long time and the position of the omnibus law in the legal order especially in the criminal law structure.
As mentioned above.
Indonesia is a country that adopts a civil law legal system which is not familiar with the superior umbrella law .
mbrella law or umbrella ac.
The law resulting from the concept of the omnibus law can be referred to as an umbrella law because it regulates thoroughly and then has power over other rules.
But because Indonesia does not adhere to the umbrella law, because the position of all laws is the same, in theory the position of the legislation must be given legitimacy in Law No.
12 of 2011 concerning Formation of Regulations and Regulations.
But if it is not possible to make changes to Law No.
12 of 2011 then only see the contents of the provisions in the omnibus law, whether 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 specialists derogat legi generalis .
pecial rules override general rules, because with the omnibus law, then automatically regional level regulations must also comply with the new rules of the omnibus law concep.
So if the omnibus law is 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 arrangement of the provisions of the 1945 Constitution of the Republic of Indonesia.
Coordinating Minister for Economic Affairs Airlangga Hartarto said the omnibus law used an administrative legal basis.
So that entrepreneurs or other parties who break the rules are only subject to sanctions in the form of fines.
the application of administrative-based law has been applied in the capital market and banking.
Thus, entrepreneurs who break the rules will not get a police line at their place of Conversely, employers who violate will be fined and if they refuse to pay, their license will be Satjipto Rahardjo.
Hukum.
Masyarakat, dan Pembangunan.
Bandung: Alumni, p.
Bagir Manan.
Beberapa Masalah Hukum Tata Negara Indonesia.
Bandung: Alumni, p.
Firman Freaddy Busroh.
Konseptualitas Omnibus Law dalam Menyelesaikan Permasalahan Regulasi Pertanahan.
Jurnal Arena Hukum Vol.
10 No.
2 (Augusts 2.
, p.
Nurul Qamar.
Perbandingan Sistem Hukum Civil Law System dan Common Law System.
Makassar: Pustaka Refleksi, p.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy revoked.
He said, the policy would provide certainty for entrepreneurs32.
As a state of law .
the principles of the rules of law must be upheld in the Republic of Indonesia.
For us, the principle of the rules of law is none other than the rules of justice, law enforcement with the core of justice33.
So that justice is taken in the omnibus law .
mnibus law on Taxation and Employment Creatio.
when viewed from the business side, administrative criminal sanctions are worth or as severe as criminal sanctions imprisonment, because for employers, by being sanctioned with fines can not get a business permit the same Augive a deterrent effectAy with sanctions imprisonment.
In practice so far the Act has delegated authority directly to the Minister / Head of Institution or Regional Government to implement the Act and its implementation arrangements.
The Minister / Head of Institution or Local Government has the authority to delegate or delegate from the Act to implement the Act and its implementing regulations so that there are many regulations and are often out of sync with each NSPK (Norms of Standards for Procedures and Criteri.
as a form of implementation of the authority and responsibility of the President for the implementation of the Government is not complete and standard and does not refer to best practices.
The function of the Governor as the Representative of the Central Government has not been effective because of budget and apparatus limitations and is lacking.
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 formulated according to Maria Farida Indrati, not all state institutions or officials have the authority to form a general regulation and apply as a statutory regulation34.
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.
However, as explained above, because Indonesia is not familiar with the term umbrella law or umbrella law which is superior, then if the omnibus law is made as a renewal of the criminal law, then all Laws and even the Criminal Code must be thoroughly dismantled and revised to later be made into one form of law new form of omnibus law.
Because if it is not done so, then there cannot be two laws that govern the same thing.
And this does not solve the initial problem experienced by Indonesia, namely regulatory obesity.
In this regard, the government must observe several things in the application of the omnibus law.
Criminal policy must pay attention to the objectives of the criminal law itself.
At present, the purpose of imposing a criminal offense may no longer be in the context of retaliation against a person .
who commits an evil act.
But it is also accompanied by rehabilitative, educational and preventive goals.
If you take an example related to the decision of the Constitutional Court No.
2-3 / PUU-V / 2007 which tests Narcotics Law, the Constitutional CourtAos view of the constitutional death penalty must be understood in order to maintain the balance between individuals and society.
Not solely in the sense of Aujustice is giving offenders what they Pengusaha Bebas dari Jerat Hukum Pidana di Aturan Omnibus Law.
Article accessed by https://katadata.
berita/2019/12/18/pengusaha-bebas-dari-jerat-hukum-pidana-di-aturan-omnibus-law on June 12, 2020.
Satjipto Rahardjo.
Masalah Penegakan Hukum.
Bandung: Sinar Baru, p.
Maria Farida Indrati.
Ilmu Perundang-Undangan: Proses dan Teknik Pembentukannya.
Yogyakarta: Kanisius.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University deserveAy.
The formulation of criminal policy must not cause the abuse of sanctions / reactions.
A concrete example in this case is in the constitutional review of Article 79 letter C of the Medical Practice Law concerning doctors who do not add to knowledge and follow the development of medicine, and are subject to a maximum imprisonment of one year and certain fines.
The provisions of article a quo governing criminal sanctions are not only inappropriate but also unnecessary.
Aside from the fact that such a doctorAos action does not directly cause harm to others, it is not a criminal offense.
The appropriate reaction to be imposed is administrative sanctions in the form of supervision, guidance, and training from the relevant agencies.
One of the capabilities that is needed in the formulation of criminal policy is the ability to measure the severity of a crime.
A deep understanding of the legislators regarding the valuesAUAU and sequencing of social norms is mandatory.
This lack of ability is now causing disparities in the imposition of criminal sanctions.
If it keeps happening, then the criminal goal to achieve balance in society is increasingly difficult to achieve.
Knowledge that is qualified in the technical issues of lawmakers is also important.
Because, matters relating to basic principles such as the origin of legality, ultimum remedium, nature against the law every criminal offense, and the science of legislation must become a foothold in the criminal law legislation process.
The reason is, not a few of the criminal norms that have been applied were then tested materially to the Constitutional Court and were finally declared to be in conflict with the constitution because they were not in accordance with these basic Therefore, the reformulation of a criminal norm in the Omnibus Law is actually an important and open criminal policy agenda for the establishment of good criminal norms in the future.
Thus, the use of criminal law as part of efforts to realize welfare and social protection can be done according to expectations and goals36.
In reforming the criminal law, reformulation of criminal policy is needed to support the enforcement of existing administrative rules.
However, the formulation of such criminal norms as the main strategy in social control requires selective and measurable aspirations.
If the coercive element in criminal law to uphold the rule of law is not applied selectively and measurably, it will only result in injustice because there will be excessive punishment or overcriminalization.
Thus, criminal law is no longer the last remedy .
ltimum remediu.
but as the main weapon .
rimum remediu.
Legal transplantation as a national legal development policy is a political choice that is in accordance with the soul and spirit of Indonesian law, the soul and personality of the Indonesian nation, the ideologicalphilosophical basis of Pancasila which is the original paradigmatic value of Indonesian culture and society, is a political choice in the activities of making legal norms concrete .
asic polic.
without having to ignore the position and existence of Indonesia in the midst of international relations, including the omnibus law.
Thus the law that is born is a law that commits nationally, think globally and act locally38.
The policy of making laws .
asic polic.
that combines elements originating from foreign law with laws sourced from the Mike C.
Materni.
Criminal Punishment and The Pursuit Of Justice.
Journal Brit.
Am.
Legal Stud.
Vol.
2, p.
Omnibus Law dan Kebijakan Pidana Oleh: Umar Mubdi.
accessed by https://w.
com/berita/baca/ lt5e54a21786142/omnibus-law-dan-kebijakan-pidana-oleh--umar-mubdi?page=2 on June 12, 2020.
Douglas Husak.
Crimes Outside the Core.
Tulsa Law Review.
Vol.
Issue 4 Twenty-Five of George P.
, p.
Evaristus Hartoko W.
Good Corporate Governance in Indonesia.
GriffinAos View on International and Comparative Law.
Volume 3 Number 1.
January 2002, p.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy original paradicmatic values AUAUof Indonesian culture and society must be carried out carefully and with full calculation, so that the law that will be enforced in this country is not revoked from ideological-philosophical roots of the Indonesian state and nation39.
The application of the omnibus law method is not without consideration, the simplification of regulations focused on the Indonesian Cabinet Going forward is in line with the basic idea that Authe application of the Omnibus Law can accelerate the economy,Ay Law Number Formation of Changes in ecosystems Order in Act 12 of 2011 concerning Legislation as already amended by Law Number 15 of 2019 concerning Amendment to Law Number 12 of 2011 concerning Formation of Laws and Regulations, when read through a progressive interpretation approach reading of the harmony of the omnibus law method with the laws forming legislation is interpreted as a method drafting, while still using the legal norms for the formation of laws.
The relation of the application of the building of the Omnibus law architecture model in the national legal system through literacy that has been carried out by the government, the application was also carried out through a logical ratio study of making a law with the omnibus law method with a substantive, constructive and transgressive comparative approach, in Indonesia and other countries.
The process of applying the omnibus law in the national legal system to the formation of laws and regulations also takes into account the principles of the formation of laws and regulations, on the other hand the architectural design of the Indonesian omnibus law also pays attention to other principles in accordance with the relevant legal sector.
Thus the Indonesian omnibus law approach applies the method by laying out a model for establishing In accelerating the revitalization of the regulatory climate related to the investment climate and improving the economy through the omnibus law of the Employment Copyright Bill and the Tax Draft Bill to strengthen the economy, the government considers the omnibus law method to be considered conditionally applied through a legal transplant process.
Transplant law policy from the common law system to the civil law system is no longer something new to discuss, but it is interesting if the pattern and usefulness extends to the community, in fact the legal transplantation in Indonesia has been going on for a long time from the Dutch East Indies until independence and until currently continues to make the system transparent by making adjustments to national law.
The inclusion of the common law system in the Indonesian legal system is inseparable from the influence of social, economic, political, and international relations which are largely rational affected by the development of civilization civil administration.
This difference in the legal system must be overcome by legal reform as the concept and opinion of Moctar Kusumaatmaja, that the function of law as Aua means of public renewalAy .
aw as a social engineering too.
40 and law as a system that is indispensable for the Indonesian nation as a developing country41.
The law as a catalyst, the law can help to facilitate the process of change through legal reform .
aw refor.
with the help of creative workers in the legal profession42.
The problem of regulatory structuring in Indonesia, will take time and does not require a lot of cost if the process of restructuring the legislation using the amendment method of a law, in the new tradition in the common law system, the omnibus law is able to provide answers with a pattern of drafting legislation which is substantive, constructive and transgressive, and a wide range of material content from how many Ibid, p.
Romli Atmasasmita.
Menata Kembali Masa Depan Pembangunan Hukum Nasional.
Makalah disampaikan dalam AuSeminar Pembangunan Hukum Nasional ViAy di Denpasar.
July 2003, p.
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The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University existing laws apply.
Conclusion In the view of criminal law, the enactment of omnibus law uses the principle of lex specialist derogat legi generalis .
special rule that overrides general rules, because with the existence of omnibus law, then automatically regional level regulations must also comply with new rules of the omnibus law concep.
So if the omnibus law is 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 arrangement of the provisions of the 1945 Constitution of the Republic of Indonesia.
If the omnibus law is made as a renewal of the criminal law, then all the Laws and even the Criminal Code must be thoroughly dismantled and revised to later be made into a new law in the form of an omnibus law.
Because if it is not done so, then there cannot be two laws that govern the same thing.
And this does not solve the initial problem experienced by Indonesia, namely regulatory obesity.
References