Metode Omnibus Law dalam Pembaharuan Hukum Pembentukan Peraturan Perundang-Undangan di Indonesia (Studi Perbandingan Negara Kanada, Amerika Serikat, Filipina dan Vietnam)

Abstract

The method for forming omnibus laws and regulations is relatively new to positive law for the formation of laws and regulations in Indonesia, considering overlapping regulations are one of the legal issues for reforming laws and regulations in Indonesia that need serious attention. There is a great number of laws and regulations that overlap each other, both horizontally and vertically, resulting in disharmony and legal uncertainty in the laws and regulations in Indonesia and to increase investment value and the national economy which is still relatively low when compared to other countries. This research discusses how the omnibus law concept is applied in other countries in the formation of laws and regulations; and whether the concept of the omnibus law implemented by the Government of Indonesia is in accordance with the objectives of the law and the legal reform of the formation of statutory regulations. This study uses normative research methods. The results of this study conclude that first, other countries, namely Canada, the United States, the Philippines and Vietnam have different legal reasoning, namely as a consolidated norm; increase the investment sector; and the many laws and regulations that overlap with each other and the process of forming laws and regulations is lengthy. Second, the omnibus law method in Indonesia is through Law No. 11 of 2020 on Job Creation which has been revoked by Government Regulation in lieu of Law No. 2 of 2022 does not reflect the objectives of the law (fairness, public benefit and legal certainty) and there are no principles for forming good statutory regulations.