OMNIBUS LAW OPPORTUNITIES AND CHALLENGES IN THE INDONESIAN LEGISLATION SYSTEM

Abstract

Omnibus Law can be interpreted as a law (Act) created to target a major issue that might be able to revoke or change several laws at once so that it becomes simpler. The problem in this paper is how are the opportunities and challenges of the omnibus law in the Indonesian legal system?Opportunities for omnibus law in the Indonesian legislative system in Indonesia are open, bearing in mind that the formation of the omnibus law technique has previously been done even though it is not exactly the same, which relates to Accessing Financial Information for the Interest of Taxation into Law. Besides the opportunities, there are at least 6 (six) major challenges for the adoption of omnibus law in Indonesia, namely: (i) complex Indonesian regulatory issues; (ii) each law whose provisions are changed by the omnibus law has a philosophical basis; (iii) the principle of supremacy of the constitution sets limits on the authority to regulate each type of legislation and regulations; (iv) legal uncertainty due to the dominance of sectional egos among state administrators; (v) the parameters determine when a material must be with omnibus law and when with ordinary law; and (vi) public participation in the formation of laws has been guaranteed at all stages of formation. A number of requirements must be met if the omnibus law is adopted in the legal system in Indonesia, namely the fulfillment of the principles of openness and public participation since the drafting stage, when discussions in the DPR must be done transparently, carefully and unhurriedly, then the substance must be ensured not to be ensured beyond the constitution and continue to accommodate the philosophical aspects of various amended laws