Omnibus Law dalam Konstitusi Indonesia

As a state of law, Indonesia, which adheres to the Civil Law system, actually makes omnibus law which is a legal system of Common Law. The omnibus law is considered to be the answer to the overlapping of all existing laws and regulations in Indonesia. Omnibus Law if it is associated with the Legal System in Indonesia is contrary to the system that has been applied in Indonesia. There are 7 factions that agree and 2 factions that reject the discussion of the Omnibus Law Bill. In the process, Article 5 of Law No. 12 of 2011 and Law No. 15 of 2019 contains the principle of the formation of legislation, one of the problems in the formation of the Omnibus Law Bill is the principle of openness. This is because there are various indications, including the exclusion of groups related to or having an impact on this Omnibus Law Bill. There was also a member of the DPR who was supposed to be one of the working committees (Panja) to discuss the Omnibus Law Bill which was not involved because there was no notification. There is also a difference in the number of pages in the Omnibus Law Bill. In the regulations, referring to Law Number 12 of 2011 and Law Number 15 of 2019 concerning changes to the Formation of Laws, there are no clear norms and explanations regarding the Omnibus law process both in forming laws and revising laws. The absence of a legal basis for the formation of this omnibus law rules out the legitimacy of a law. Thus the position of Omnibus Law in Indonesia is not in accordance with the existing legal system in Indonesia, especially related to the Indonesian legal system (Civil Law) and Law Number 12 of 2011 and Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislation.

Recently, omnibus law has become a critical discourse in Indonesia, both academically and practically. This discourse emerges from the relatively fast drafting and ratification of the Job Creation Law. This law's formation uses the omnibus law method because it contains many laws' substance into one law. One of Indonesia's fundamental issues is the absence of rules, methods, and techniques for forming the omnibus law. On the other hand, the techniques and methods of forming these omnibus laws have been practiced in various countries to accelerate the legislative process and organize regulations. However, public participation becomes one of the fundamental shortcomings to draft the legislation under omnibus law. This article aims to review and compare the omnibus law concept applied in selected countries, referencing the United States and Ireland as the model. This article also analyzes how to form the ideal omnibus law by learning from the omnibus law application in other countries that have successfully implemented it first. This study finds that omnibus laws in the United States and Ireland contribute to ushering hyper-regulation symptoms that are vulnerable and hamper economic development. The above comparison needs to be adjusted to the Indonesian context to enact the omnibus law.
 KEYWORDS: Omnibus Law, Indonesian Law, Comparative Omnibus Law.

<p>Arranging regulatory policies to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy using the omnibus law turned out to be problematic. Among the people, there are pros and cons because it is not following the Indonesian legal system, which follows the "civil law" tradition. It is necessary to research the pros and cons of this research. The purpose of this research is to analyze the effectiveness of the omnibus law policy in managing regulations to support economic growth, investment, Industrial Revolution 4.0, Society 5.0, and the global economy. The research method used is normative legal research with a literature study approach. This study concludes that implementing the omnibus law policy in managing regulations to support economic growth, investment, the Industrial Revolution 4.0, Society 5.0, and the global economy is very effective and efficient because the formation is cheaper, faster, and avoids various political conflicts. Law policies formed using the omnibus law method are part of the national legal system. Therefore, the omnibus law policy in managing regulations must refer to the provisions and principles regulated in Law Number 12 of 2011 on the Establishment of Legislation as amended by Law Number 15 of 2019 and Law Number 13 of 2022 and its implementing regulations, Presidential Regulation Number 87 of 2014 and Number 76 of 2021, as well as general and universal principles, the principles and concepts of customary law or, in some instances, the principles and concepts of Islamic law. Everything is elaborated in a direction based on the omnibus law method so that the law developed based on the omnibus law method can create happiness for the Indonesian people, as mandated in the fourth paragraph of the opening of the 1945 Constitution.</p>

Empirical facts show that there are 42 thousand laws and regulations in Indonesia. As a result, there are many overlapping regulations, both in the same hierarchical level and / or with the regulations below. This condition makes the Omnibus Law urgency in statutory regulations. Omnibus Law is one of the important alternative choices by harmonizing legislation. The Omnibus Law is an umbrella law because it regulates thoroughly and then has power over other rules. Stufenbau theory, the legal system and the operation of law are the basis for analysis that the harmonization of the Omnibus law becomes a protector for executives (implementing legislation) who will innovate and create divine justice in economic progress and investment. The implementation of the concept of omnibus law in Indonesia is a hierarchical order of linear legislation with Law Number 15 of 2019 concerning the Formation of Legislations. The form of a law is not a basic law, but a law which is equivalent to other laws, which all or part of the provisions are amended or abolished by making new norms.

With recent judicial reforms in both civil and common law jurisdictions, the distinctions between the two systems are lessening. As these reforms continue, the civil law/common law categories are loosing meaning and, except as an historical construct, may become irrelevant. One hallmark of the civil law system has been the judge who frames issues and calls and questions witnesses. Other civil law characteristics include a reliance upon written evidence, minimal use of precedent, and an indistinct trial process. Conversely, common law systems grant attorneys great control over the trial process, have complex codes controlling the introduction of evidence, rely heavily upon precedent, and have a distinct trial process. Now in many civil law countries, attorneys are taking a lead role in calling and questioning witnesses. At the same time, common law judges are becoming more active in framing issues and controlling the litigation process. China, a traditionally civil law country, is in the process of developing and adopting rules of evidence that are partially inspired by the evidence rules in place in the United States, a common law country. In developing and implementing the Uniform Provisions of Evidence, China’s reform effort mirrors the merger in civil law and common law countries that is taking place in so many other countries. This article focuses on the historical distinctions between civil and common law countries, the merger that is taking place between the two systems, and China’s Draft Uniform Provisions of Evidence as an example of this harmonization of the civil and common law systems.

Omnibus law arrangements are progressing. However, the technique of drafting laws through an omnibus law is not simple. In Indonesia, Article 64 of Law Number 13 of 2022 does not fully regulate the omnibus method which can cause legal uncertainty. Normative legal research with statutory, comparative, and conceptual approaches is the choice in this research. The results of the research: (1) omnibus law as a method of drafting laws in Indonesian is not easy to understand and implement, it even has the potential to increase the number of new regulations; (2) the thematic omnibus law is a simple law drafting design by integrating several different laws into one law that has relevance to the theme of achieving national goals.

The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.

There are five main factors that affect the entry of investors into a country, namely political stability, legal certainty, consistent policies, regulations, and taxes. This research is a literature study that summarizes some literature relevant to the theme. Data collection methods are literature studies that use books and literature, notes, journals and others as the main research objects. The purpose of this paper is to know the investment climate in Indonesia and the application of omnibus law as a solution, as well as to know the challenges of implementing omnibus law in Indonesia. The results showed that Indonesia was dubbed a hyperegulation country that reached 42,996 with details, central regulations as many as 8,414, ministerial regulations 14,453, non-ministry government agency regulations 4,164, and local regulations as many as 15,965. Too much will have an impact on the overlap and inconsistency of regulations between the center and the area causing vertical and horizontal conflicts. The government deregulates and debirokratization through omnibus law with two substances, namely the Omnibus Law Copyright Act which contains 11 clusters that combine 79 laws in which it concerns rules on employment, licensing alignment, investment requirements, to government administration. The challenge of implementing omnibus law is that Indonesia adheres to the civil law system while the concept of omnibus law adherents common law and still new. There is a public reaction between the pros and cons because the manufacturing process is not transparent and participatory, and omnibus law is not in accordance with the provisions of the establishment of laws and regulations. However, legally omnibus law is appropriate after the passing of Law No. 15 of 2019 concerning Changes to Law No. 12 of 2011.

The idea of Omnibus Law which was initiated by President Joko Widodo was found to be pros and cons from various experts. The model for the formation of laws using the Omnibus Law technique, if examined in the history of Indonesian legislation, has been carried out, although not exactly the same. Indonesia once had Law Number 5 of 1969 concerning statements of various Presidential stipulations and Presidential Regulations as Laws. If you look at its substance, this Law has the characteristics of an Omnibus Law because in one Law it contains statements about the legal status of various legal products that substantially contain different regulatory subjects. This research is classified as a legal research literature review (Juridical Normative), which is related to research to find out whether Omnibus Law can be applied in Indonesia, considering that Indonesia adheres to the Civil Law legal system, while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia. The concept of Omnibus Law was created as a new legal model (new paradigm) in the laws and regulations in Indonesia, so the Law made with the concept of Omnibus Law will change the legal system, because the concepts and theories are different from the legal norms that have been applies in Indonesia. while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia.

This study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 2024

Omnibus law is a method of forming laws. The use of the omnibus law is often problematic from a democratic aspect. Omnibus law arrangements in Indonesia have been legalized through Law Number 13 of 2022, but it remains a problem regarding participation as a pillar of democracy. Therefore, the concept of comparison is needed for further refinement. This research is normative research with statutory, case study, and comparative approaches. The results of the study are: (1) the application of the omnibus law in Indonesia in the case of the Job Creation Law is undemocratic because it narrows the space for public participation, (2) changes to the Law concerning the Formation of Legislation, especially those relating to participation, representation of participation, and the provision of a two-way information system is a necessity for realizing a democratic omnibus law in Indonesia.

Pancasila is used as a paradigm in law in Indonesia. As a legal development paradigm, Pancasila requires that development in society be the starting point for the existence of a legal product. The purpose of this study is that to explore the value of Pancasila as a Legal Development Paradigm and its implementation in the Omnibus Law On Job Creation. This research method uses the normative method. The result of this research is that Pancasila in the prevailing statutory regulations is the Grud norm which will cover the entire contents of the Constitution. The Omnibus Law Law on job creation is intended as a law made to revoke or change several laws at once. Thus, the omnibus Law that is made is a new legal model or a new paradigm in legislation in Indonesia.

The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.

The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.

This study aimed to better understand the concept of Omnibus Law in the legislation and evaluate its use in responding to investment needs in Indonesia. The method in this research was normative legal research with secondary data through data analysis. This study showed that the Omnibus Law was not an appropriate approach to the formation of legislation in responding to investment needs in Indonesia. Based on the existing data, the investment climate in Indonesia is quite high and running well and even in a better situation when compared to other Asian countries. The Omnibus Law on Job Creation will raise a new problem instead, such as the absence of legal certainty for investment and the priority of the investment types. From the aspect of industrial relations, the Omnibus Law will result in disharmony in industrial relations between employers and workers, and it even potentially reduces guarantees for workers' human rights. Ironically, the fulfillment of workers' human rights has become an important benchmark for investors in developed countries to invest in developing countries, such as Indonesia. Therefore, the Indonesian government should strengthen the Corruption Eradication Commission and ensure a better investment climate by guaranteeing human rights to all workers and by reducing the ratio between investments (ICOR).