Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Structuring Legislation through Omnibus Law: Opportunities and Challenges in the Indonesian Legal System

Author(s): Kaharudin, Gatot Dwi Hendro Wibowo, M. Ilwan

The government's efforts to submit a bill with the Omnibus Law method reaped a public backlash. This is because Indonesia adheres to the civil law system, while the omnibus law of the common law system. In addition, each law has different philosophical, juridical and sociological foundations. The formulation of the problem is what ratio legis the formation of legislation with the Omnibus Law method, and how the juridical consequences of the system of the formation of legislation in Indonesia. This writing is normative juridical, with a philosophical, statutory and conceptual approach. The legis ratio of omnibus law implementation is to simplify regulation and in order to organize legislation. The advantage is that it can solve the need for new policies through a single regulation. But the juridical consequences, there are irregularities with the system of the formation of legislation in Indonesia. Requirements in the use of omnibus law method that is necessary to fulfill the principles of openness, prudence, and community participation, and should be made changes in advance to law number 12 of 2011 on the Establishment of Legislation.

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