OMNIBUS LAW IN INDIGENOUS LAW VIEWS IN INDONESIA

Abstract

Omnibus law Bill of Employment Creation contains many problems in many ways, from legal conventions to sectored articles. More and more criticism is directed at the omnibus law, a draft regulation that aims and simplifies overlapping rules. In Indonesia, the Cipta Karya omnibus law will be used to facilitate investment. The government under President Joko Widodo believes that the overlapping of regulations makes investments not go in so that the economy does not go fast. In writing this paper, the problem is how is Omnibus Law viewed from the view of customary law in Indonesia? 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 conflict of laws and regulations. The assumptions and perspectives on the problem are not comprehensive, such that since the beginning of the idea of forming the Omnibus Law, the Government has failed to examine the facts that occur in the field and also failed to put the Indigenous Peoples in the right position. Excessive worship of large scale investment so far has shown facts that are very detrimental to Indigenous Peoples. On top of this worship, customary territories were seized and then given permission to invest in the forestry, plantation, mining and other sectors.