POLITIK HUKUM PEMBENTUKAN UNDANG–UNDANG DENGAN METODE OMNIBUS LAW BERDASARKAN SISTEM HUKUM INDONESIA

Abstract

Indonesia applies the concept of the omnibus law in drafting laws. Omnibus law is
a concept of making regulations that combines several rules with different regulatory
substances, into one regulation under one legal umbrella. However, in the drafting
process there were several irregularities that occurred such as the exclusion of public
participation and a closed and hasty process which was contrary to Article 5 of Law of
the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law Number
12 of 2011 concerning Establishment. Legislation
This type of legal research is normative legal research. The normative legal
approach used in this study is the statute approach, while this research is descriptive in
nature.
The result of this research is the legal politics of the formation of laws using the
omnibus law method based on the Indonesian legal system, namely that the discussion
was carried out in a hurry so that it collided with other laws, there was no government
effort to involve the public, especially from civil society organizations and labor unions.
The formulation of the Job Creation Bill is not transparent and lacks openness. The
procedure for the formation of laws using the omnibus law method based on the
Indonesian legal system, namely in the hierarchy of the order of laws and regulations in
Indonesia as stipulated in the Law of the Republic of Indonesia Number 15 of 2019 does
not include the omnibus law method as one of the principles in legal sources as well as
a methodological framework for revising statutory regulations.
Keywords: Political Law, Omnibus Law, Indonesian Legal System