JURIDICAL REVIEW OF THE FORMATION AND IMPLEMENTATION OF OMNIBUSLAW IN LAW SYSTEM

Abstract

Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). For some people, it still feels strange to hear the term Omnibus Law. Even some legal academics are still debating the concept of the Omnibus Law if it is implemented it is feared that it will disrupt the Indonesian legal system because it is allegedly the cause of the legal system adopted in Indonesia, which is the dominant Civil Law, while the Omnibus Law comes from the Common Law system. In the description of writing, the problem is how is the juridical review of the implementation of the Omnibus Law in the Indonesian legislative system? Can it be applied in the Indonesian legislative system? Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate and as a guarantee of legal certainty and legal protection for policy makers. In the hierarchy / sequence of laws and regulations in Indonesia, the concept of Omnibus Law has not been included as a principle in legal sources, but harmonization of laws and regulations in Indonesia is continuously carried out to minimize conflicts of laws and regulations. The law that will later be produced from the Omnibus Law concept can be referred to as the Umbrella Law because it regulates thoroughly and then has power over other rules. However, in Indonesia it does not adhere to the Umbrella Law because the position of all Laws is the same, so its position must be given legitimacy in Law No. 12 of 2011 needing to be amended.