Omnibus Law Research Articles

THE CONCEPT AND LEGAL POLITICS OF DISCRETION AS FREEDOM OF ACTION FOR GOVERNMENT OFFICIALS

Government administration encompasses, at the very least, the procedures involved in decision-making and/or actions taken by government bodies and/or officials. This is closely related to the legal policy within the Omnibus Law on Job Creation. Therefore, the Omnibus Law on Government Administration is one of the 79 laws amended through the Omnibus Law on Job Creation. Through the Omnibus Law on Job Creation, the requirement for discretion to be "not contrary to the provisions of the legislation" was eliminated. The removal of this requirement renders discretion no longer bound by statutory provisions, potentially violating statutory provisions in the name of discretion. This paper represents normative legal research or library research, using a statute approach and a conceptual approach. This paper concludes that the concept and legal policy behind the change in discretion requirements in the Omnibus Law on Job Creation provide leeway for government officials and/or administrative bodies to address public service issues. However, this is in contradiction with the general theory and purpose of discretion itself.

Analysis of Rejection of The Implementation of The Job Creation Law

This study examines the widespread rejection of the Job Creation Law in Indonesia by applying policy implementation theory to understand the root causes of public resistance and evaluate government efforts to address these issues. Passed in 2020 using the Omnibus Law approach, the law aims to streamline regulations to boost investment and economic growth. However, the study reveals significant objections from various societal groups, especially workers, due to perceived threats to labor rights, environmental protections, and public participation during its formulation. Using a qualitative literature review method, the research identifies key factors driving resistance, including inadequate transparency, limited stakeholder involvement, and distrust toward the legislative process. The findings show that the law is seen as prioritizing business interests at the expense of workers' welfare and environmental sustainability, exacerbating public dissatisfaction and leading to mass protests across Indonesia. The study underscores the need for effective public communication, inclusive policymaking, and a stronger focus on social welfare to build trust and improve acceptance. Recommendations include increased outreach, revision of contentious provisions, and strengthened collaboration between the government and stakeholders. These steps are critical for achieving a balance between regulatory reform and public trust while addressing Indonesia's socio-economic challenges.

The Development of Corporate Criminal Liability Paradigm in Environmental Pollution Cases

Criminal liability by corporations is a legal consequence of environmental pollution caused by the activities of the corporation itself. This research is a normative juridical research that combines statutory and comparative approaches through processing of primary, secondary, and tertiary legal materials with descriptive analysis methods. The purpose of this study is to determine the development of the paradigm and corporate criminal liability in cases of environmental pollution. The results of this study found that corporate criminal liability related to environmental pollution cases is at least regulated in Law Number 32 of 2009 (UUPPLH), the Omnibus Law, and the New Penal Code which will soon come into effect. There are differences in the provision of criminal sanctions in each law. But in general, it can be concluded that environmental pollution by corporations is a legal act that must be dealt with legally so as not to create a greater adverse impact on the environment and society.

Social media and collective identity on protest, analysis comparative of Omnibus Law protest and Hongkong 19-20 protest

The large protests against the New Amendment to the Extradition Bill in Hong Kong and the Omnibus Law 2020 Job Creation Bill in Indonesia are proof of the massive public movement through social media. This study aims to determine how social media is used in social movements in terms of dichotomy content, actor clusters, and collective identity formation in two cases: Indonesia (Rejection of the Omnibus Law Job Creation Bill) and Hong Kong (Rejection of the Extradition Bill Amendment). Differences and similarities are listed below. This research uses a Qualitative Method, with the analysis using Qualitative Data Analysis Software (Q-DAS), namely NVIVO 12Plus. This study has the following results: First, the dichotomy content between Indonesia and Hong Kong tends to be evenly distributed. Second, both examples show parallels in the distribution of actor clusters with the dichotomy, demonstrating that both cases have become a significant movement. Third, the collective identity in the Indonesian case refers to the contesting parties in the pros and cons of the Omnibus Law. In contrast, the Hong Kong case relates to protecting the Hong Kong people’s ethnicity, language, politics, economy, and culture. The limitations of this study focus on social media in social movements and collective identities, excluding regulatory analysis and aspects of digital/mass media. This study recommends further research focusing on the legal consequences of the Omnibus Law and including digital and mass media in the framing of social movements.

The Evaluation of Omnibus Law on Job Creation on Domestic Investment in Java

To improve welfare, economic development is a complex and continuous process and investment is one of the important components. The Omnibus Law on Job Creation in 2020 (UUCK 2020) is a legislative policy and came into force in November 2020 with the aim of increasing the ease of doing business and attracting investment, thereby increasing jobs. Through the implementation of the OSS RBA system, UUCK 2020 brings major changes in business licensing governance that prioritizes legal certainty, transparency, and speed in the licensing process. The phenomenon of Java-centric is slowly developing until now has referred to various aspects including spatial, economic, social, cultural, political and other aspects. This study answers the hypothesis about the impact of the UUCK 2020 supported by the RBA OSS can increase domestic investment and also answers the evidence of the continued influence of Centric Java in increasing domestic investment caused by the regulation. This research study uses quantitative methods with difference in difference method against 34 provinces grouped in treatment and control groups. The results obtained are descriptive and empirically proven that there is a more expansive trend for the treatment group (Java island) after the UUCK 2020 policy is applied.This research study confirms the existence of investment preferences that are still focused and concentrated in Java compared to Non-Java.

Implementasi Hukum Pidana Bagi Pengedar Obat dan Makanan Illegal Pada Tingkat Penyidikan di Wilayah Hukum Kalimantan Barat (Studi Kasus Balai Besar POM (BBPOM) di Pontianak)

This study is a follow-up study with an expansion of the scope of previous research around the provisions and implementation of binding law enforcement regarding the circulation of illegal Medicines and Food at the investigation level, finding and ensuring authorized institutions in handling the circulation of illegal Medicines and Food in the West Kalimantan jurisdiction review, as well as explaining concrete events, reconditioning, and solutions of the emergence of illegal Medicines and Food circulation in West Kalimantan. This study uses the method of normative-empirical research (applied law research) on the implementation of normative legal provisions (laws) in action on any particular legal events that occur in a society or view the law as a reality, including social reality, the fact of culture and this study is descriptive with the findings of the BBPOM in Pontianak as a Technical Service Unit (UPT) BBPOM in Pontianak has the authority of intelligence and investigation in the field of Medicines and Food Control by the provisions of legislation. BPOM through BBPOM in Pontianak can take steps to prove Forensic Food and Medicines (Forensic Food and Medicine Science) which is a branch of forensic science related to the identification, analysis, and investigation of crimes related to food, beverages, medicines, and supplements when investigating criminal acts of illegal Medicines and Food trafficking. All discussions are based on the regulation (Omnibus Law) Law (Law) Number 17 of 2023 on health repealing Law (Law) Number 36 of 2009 on health.

Constitutional Transition in a Democratic State: A Critical View of the Omnibus Law Establishing Employment Copyright Law

The debate regarding Omnibus Law as the main means for structuring legal regulations in Indonesia attracted a lot of public attention when the Omnibus Law method, which was previously little known in Indonesia as a country that adheres to the Continental European legal system, was used in the preparation of draft laws (RUU). How does the constitutional transition to the establishment of an omnibus law on copyright work in a democratic country? How do we review the constitutionality of the implementation of the Omnibus Law and the copyright mechanism in the formation of statutory regulations? This research uses the concept of normative descriptive research, or what can be called normative juridical research. With this method, law is interpreted as what is written in legislation (law in a book), or law is interpreted as a legal rule, which is a standard for appropriate behavior. The Omnibus Law method practiced in the common law system is interpreted as a (new) law that regulates various kinds of regulations to simplify the various laws that are still in force. Constitutionally, the legal position of the omnibus law concept has not been regulated in the legal system or in the laws and regulations in Indonesia. Law No. 11 of 2020 concerning Job Creation, which was formed using the Omnibus method, is considered to be constitutionally contradictory because it does not have clear objectives and formulation, both in terms of the standard of formation, the systematics of its creation, and the process of changing its substance.

Restoration of Central Power or Betrayal of Regional Autonomy? Analysis of the Impact of Recentralization of Mining Authority in the Era of Limited Autonomy

This study analyzes the impact of re-centralizing mining authority on regional autonomy in Indonesia, focusing on legislative changes from Law No. 22/1999 to the Omnibus Law (Law No. 6/2023). The shift from decentralized to centralized control, accelerated by Law No. 3/2020, transfers authority from districts to provinces, aiming to improve national resource management efficiency. However, the findings reveal critical risks, including weakened environmental oversight, restricted public participation, and reduced local revenues from mining operations. While centralization may streamline governance, it poses significant challenges for regional governments in managing resources independently, impacting local welfare and sustainable development. This research offers novel insights into the tension between national efficiency and regional autonomy, emphasizing the urgency of re-evaluating policies to balance these interests. The study contributes to the broader discourse on governance by providing policy recommendations for achieving sustainable resource management within a decentralized framework.

Social Security and Compensation: Analyzing the Protection of Fixed-Term Employment Contract Workers under the Omnibus Law on Job Creation

Social Security and Compensation: Analyzing the Protection of Fixed-Term Employment Contract Workers under the Omnibus Law on Job Creation

CHALLENGES AND PROBLEMS IN LABOUR LAW FROM THE PERSPECTIVES OF INDONESIA AND MALAYSIA

This study provides a critical comparative study of the labour laws of Indonesia and Malaysia, two of the most prosperous economies in Southeast Asia, but with different legal systems due to their respective political, socio-economic and colonial legacies. A wide range of topics were discussed, covering almost all major issues related to the laws affecting practise, namely historical development and legal reforms, current challenges related to wage inequality, migrant workers and enforcement of labour protection. A qualitative comparative analysis was conducted based on primary legal documents, including the Indonesian Omnibus Law on Job Creation and the Malaysian Employment Act 1955 as amended, supplemented by secondary sources such as policy papers and academic articles. The findings suggest that decentralisation in Indonesia leads to uneven enforcement across regions, while Malaysia's centralised administration falls short in protecting migrant workers. In both countries, economic growth clashes with labour rights, with Indonesia struggling with a largely informal sector and Malaysia with a very high dependence on migrant workers. The discussion emphasises the fact that while recent legislative reforms have taken place, weak enforcement and problematic dispute resolution reflect the persistent problems. The study concludes by outlining policy implications that support strengthening enforcement mechanisms, formalising the informal sector and adhering to international labour standards to promote good employment practises. The results obtained with such a methodology contribute to the discourse on labour law and provide insights for policy makers, academics and other stakeholders concerned with the dynamics of the labour market in Southeast Asia.

Bentuk Badan Usaha Berbadan Hukum Perseroan Dan Organ-Organ Perseroan: Komparasi Berdasarkan Hukum Di Indonesia Dan Di Singapura

Indonesia and Singapore have differences in legal systems. Indonesia applies the Continental European legal system or Civil Law System while Singapore uses the Anglo-Saxon legal system or Common Law System. This difference has implications for the company law in both countries. Thus, this paper is designed to identify the comparison regarding the legal form of business entities and corporate organs between Limited Liability Company Law and its amendments in Omnibus Law on Job Creation which applicable in Indonesia and the Companies Act which applicable in Singapore

FREE HEALTH GUARANTEE FOR THE POOR PEOPLE POST HEALTH LAW OMNIBUS LAW

The establishment of the National Social Security System is realized through Law Number 40 of 2004 concerning the National Social Security System (UU SJSN) which has a health insurance program, work accident insurance, old age insurance, pension insurance and death insurance. Health insurance as part of the social security system in Indonesia is indeed a form of social assistance program for health services for the poor and disadvantaged. This program is organized nationally to guarantee cross-subsidies in order to create comprehensive health services for the poor. The purpose of this study is to examine free health insurance for the poor after the health omnibus law related to the regulation that the central and regional governments are required to provide financial protection to the poor and disadvantaged through the health insurance program, so that they can access health services without cost barriers. The research method used is normative juridical. free health insurance for the poor after the health omnibus law in the future (establishing rights) is by creating a single institutional model in the form of an institution mandated by all people. This is important, because in this way the collection of funds will be realized quickly. A single institution in the sense of the organizer of the National Social Security System as a container or umbrella that covers program organizers, so that program implementation can be carried out by several program organizers, especially free health insurance for the poor. The single institution in question is led by a Director, under the National Social Security Council (DJSN), who is directly responsible to the President. The future model is the Free Health Insurance Agency for the Poor.

Kewarganegaraan Sebagai Hak Konstitusional: Penegak Hak Sipil dan Politik di Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

The Alignment of Internal and External Audit Agencies in Administering Public Sector Audits in Indonesia

The management of public finance to achieve national prosperity requires the effective, efficient, and integrated work of the existing audit boards. Therefore, continuous evaluation of the alignment of internal and external audit agencies is essential to ensure reliable public financial management and prevent corruption. This study describes the performance and coordination patterns between internal and external audit agencies by detailing their synchronization patterns in administering financial audits in the Indonesian public sector. Using a normative legal research method, the study incorporates legislative and conceptual approaches. The findings reveal that the performance of both internal and external audit agencies in safeguarding public finance from fraud shows varied degrees of effectiveness. However, a comprehensive regulatory framework governing the alignment of these agencies remains absent. Furthermore, synchronization in public finance audits is pursued through a unified regulatory framework, horizontal alignment among agencies, and the establishment of clear boundaries of authority and coordination mechanisms between the internal and external audit agencies. Further research should consider the potential for consolidating various regulations of public sector audits through an omnibus law approach.

Omnibus Law dan Substansi Perubahan Undang-Undang Tentang Perpajakan

The omnibus law on taxation in Indonesia is part of the government's efforts to reform the tax system to increase investment competitiveness and support economic growth. These reforms include a range of changes in tax regulations intended to simplify tax administration, expand the tax base, and improve tax compliance. Changes to the law occurred through Law Number 11 of 2020 and changed the content of the KUP Law, Income Tax Law and VAT Law. This change in law was then socialized to the students of Santa Maria Catholic Vocational School Pontianak City in the form of providing knowledge and answering situation analysis about challenges and implementation. It can be concluded that through this Job Creation Law, several important rules contained in the Income Tax Law, the VAT Law and the KUP Law have been changed. Changes in the law substantially renew, clarify, facilitate and provide competitive rates for the ease of doing business cluster in the field of taxation It is hoped that this presentation can support the knowledge of Santa Maria Catholic Vocational School students about the importance of the tax system which later after the students graduate and have an income, they will also become taxpayers and comply with existing taxation according to the law.

The effect of agricultural policy on sustainability and environmental protection: omnibus law case study

Abstract This study assesses the effects of increased domestic investment in the Agriculture, Hunting, Forestry, and Fisheries sectors on environmental sustainability in Indonesia, particularly after the Omnibus Law was enacted in 2020. Using a descriptive quantitative approach and time series data from the Central Bureau of Statistics, relevant Ministries, legal documents, and previous research, the study examines the relationship between domestic investment and various environmental indicators. These indicators include the area of forest and aquatic conservation, total plantation land, greenhouse gas emission intensity, and energy intensity in agriculture. The analysis reveals that despite a significant rise in investment, there has been no notable impact on environmental sustainability. Forest and aquatic conservation areas have remained stable, and while plantation land has increased, it is unevenly distributed. Additionally, greenhouse gas emissions and energy intensity have shown stability with minor reductions, indicating that sustainable practices have not been effectively implemented. The findings underscore the need for more robust policies to ensure that increased investment also fosters environmental protection and long-term sustainability.

ARRANGING REGULATORY POLICIES TO SUPPORT ECONOMIC GROWTH, INVESTMENT, INDUSTRIAL REVOLUTION 4.0, SOCIETY 5.0, AND THE GLOBAL ECONOMY WITH 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>

Projecting the long‐run impact of an economic reform: The case of the Indonesian Omnibus Law

Indonesia has been seeking to improve its investment climate. The most recent development in this process is the enactment of a ‘Job Creation Law’, which aims to achieve improvement in the investment climate through simplifying red tape, eliminating large numbers of overlapping regulations, and adopting a Risk‐Based Assessment approach to business licensing. In parallel with this development, the Indonesian Government is pursuing an Import Substitution Strategy (ISS) to help preserve external balance while fostering local activity. In this paper, the recursive dynamic GDyn‐FS model of the global economy is used to highlight the positive impacts of improving the investment climate, on national investment and trade over time, and the flow‐on impacts to industries and households. On the other hand, the analysis indicates that the pursuit of an ISS, while possibly favouring protected activities, is likely to act as an ongoing drag on the wider economy.

Indonesia's Directive Legislation: Balancing with Pancasila Law-Idea

The implementation of the Omnibus Law in the formation of laws and regulations in Indonesia commenced with the introduction of directive legislation in a range of sectors. Conversely, the Omnibus Law has given rise to a number of issues, particularly in relation to the Pancasila law-idea. This is because the Omnibus Law is perceived to be at odds with the Pancasila law-idea, with critics arguing that it fails to reflect the spirit of Pancasila in terms of both practice and legislative methodology. This paper aims to examine, evaluate and identify potential avenues for the development of national regulations in alignment with the principles of the Omnibus Law, taking into account the role of Pancasila as an ideological and legal foundation. This paper demonstrates that the Pancasila idea-law can serve to balance and harmonise the various understandings held by countries around the world, particularly in relation to the application of the Pancasila law-idea as a foundation in the practice of Omnibus Law and the formation of national regulations.

Trends and Landscape of Omnibus Law Research: A Bibliometric Analysis

Trends and Landscape of Omnibus Law Research: A Bibliometric Analysis