A Critical Review on The Job Creation Omnibus Law-Forming Process

Bobi Yusuf Noor Fajar,Zaid Zaid

doi:10.24815/sklj.v5i2.21605

Abstract

This study aims to conduct a critical study of the process of formulating the "omnibus law" on job creation from the perspective of legal politics and good governance through a normative method using a conceptual and statute approach and utilizing secondary and primary legal materials which are then critically analyzed through prescription. The results of this study ultimately conclude that from a legal political perspective, the process of forming this law is very problematic and procedurally flawed. In addition, this law is a response from policymakers who are political in nature to a complex situation which in fact creates complex derivative problems as well. This is inseparable from the nature of the omnibus law itself, which lacks democracy, participation, reduces accuracy and prudence in its preparation, and has the potential to exceed the provisions in the constitution. Therefore, based on the good governance point of view, the process of forming the Omnibus Law on Job Creation has not fulfilled the principles of good governance in the form of the principles of legitimacy, transparency, accountability, responsiveness, and the rule of law. The principles of effectiveness and efficiency in the principles of good governance in this Law can still be considered

Highlights

On October 5, 2020, in the midst of the COVID-19 pandemic crisis, the Indonesian House of Representatives passed a very controversial law known as the 'Omnibus Law' relating to Job Creation
The Omnibus Law on Job Creation in Indonesia still does not meet the elements of legitimacy and participation from the community. Because it is in accordance with the weaknesses of the omnibus law itself which is less democratic, limits the space for participation, reduces accuracy and prudence in the preparation, and has the potential to exceed the provisions in the constitution (Kartika, 2020, p. 3)
The process of forming the law on job creation, which came to be known as the omnibus law, is perhaps one of the most controversial that has ever taken place in Indonesia

Summary

Introduction

On October 5, 2020, in the midst of the COVID-19 pandemic crisis, the Indonesian House of Representatives passed a very controversial law known as the 'Omnibus Law' relating to Job Creation. With the presence of the Omnibus Law, it will change, delete, or stipulate new regulations for several previous laws. The law was controversial in the community even before it was passed 59), because the Omnibus Law theory comes from a country that adheres to a common law legal system Law Number 12 of 2011 concerning the Formation of

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Conclusion