A Study of the Omnibus Law Method in Law Establishment in Indonesia

Authors

  • Keny Gainau University of Merdeka Malang Indonesia
  • SUPRIYADI University of Merdeka Malang Indonesia
  • Susanto University of Merdeka Malang Indonesia

DOI:

https://doi.org/10.47505/IJRSS.2022.V3.9.6

Keywords:

Omnibus Law Method, Indonesian Law Formation

Abstract

Simplifying complex regulations to encourage investment and employment has made the Omnibus Law method in the Job Creation Act, which was initially believed to accommodate investment and employment, have a very noble purpose. However, the Formation of the Law must adhere to the formation procedures outlined in law number 12 of 2011 regarding the Formation of laws and regulations. In reality, law number 11 of 2020 about employment creation, an example of the omnibus legislative technique, is not in conformity with the formation procedure envisioned by law number 12 of 2011. The method of research is normative legal research with a statute-based approach. The primary concerns of this study are whether the omnibus law approach is consistent with the Indonesian legal system and whether it is suitable for use in the formulation of laws in Indonesia based on law number 12 of 2011. To evaluate and analyze the use of the omnibus law method in the Indonesian legal system, as well as the compatibility of Law No. 11 of 2020 about job creation as a type of the omnibus law method with the principle of establishing Legislation based on Law No. 12 of 2011.

References

A. Rosyid, 2015, Concept of Formation of Legislation, Malang: Press Equivalent.

Bagir Manan, Basics of Indonesian Legislation, (Jakarta: Ind-Hill,), 1992, p.8.

Constitutional Court Decision Number 91/PUU-XVIII/2020.

Fitryantica, A. Harmonization of Indonesian Legislation through the Omnibus Law Concept. Echoes of Justice, Vol, Edition III, November 2019.

In the Bill of Amendment II to Law Number 12 of 2011.

Law Number 11 of 2020 concerning Job Creation.

Law Number 12 of 2011 concerning the Establishment of Regulations Legislation.

Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislation.

Law No. 13 of 2022 second amendment to Law 12 Year 2011 Concerning the Establishment of Legislation.

Manan Bagir, 1992, Fundamentals of Indonesian Legislation, Jakarta: Ind-Hill.

M. Ilham F. Putuhena, “Politics of Legislation in Efforts to Improve the Quality of Legislation Products”, Journal of Rechts Vinding Vol 1 No. 3, December 2012, p. 346-347

National Law Development Planning Center, 2015-2019 National Law Development Planning, (Jakarta: National Law Development Agency, 2012), p. 56.

Suriadinata, Drafting Laws in the Investment Sector: A Study on the Formation of Omnibus Law in Indonesia. Legal Reflection: Journal of Legal Studies.

See the Preamble to the 1945 Constitution of the Republic of Indonesia.

Suriadinata, Drafting of Laws in the Investment Sector: A Study of the Formation of Omnibus Law in Indonesia. Legal Reflection: Journal of Legal Studies, Vol 4 No. 1, October 2019.

Downloads

How to Cite

Keny Gainau, SUPRIYADI, & Susanto. (2022). A Study of the Omnibus Law Method in Law Establishment in Indonesia . International Journal of Research in Social Science and Humanities (IJRSS) ISSN:2582-6220, DOI: 10.47505/IJRSS, 3(9), 53–60. https://doi.org/10.47505/IJRSS.2022.V3.9.6