THE CONCEPT OF OMNIBUS LAW IN THE INDONESIAN LEGISLATION SYSTEM: IS INTEGRATION POSSIBLE?

Resumo

Indonesia's legislative development has been characterized by hyperlegislation and, in some cases, a lack of coordination. As a result, Indonesia is incorporating an Omnibus Law method into its legislative system in an effort to increase legislative efficiency. President Jokowi launched this initiative in early 2020, when he included two Omnibus Law draughts, which were enacted as Law No. 11 of 2020 on Job Creation, and as Law No. 7 of 2021 on Harmonization of Tax Regulations in his National Legislation Program. However, there is some debate over the Omnibus Law's incorporation into the Indonesian legislation system, as it is based on common law, whereas the Indonesian legal system is based on civil law. Therefore, the purpose of this study is to examine how the concept of the Omnibus Law is integrated into the Indonesian legal system. Methods: This study, conducted by adopting a normative research method with a conceptual approach, found that it is possible to integrate the Omnibus Law legislative method into the Indonesian legal system. Results: Our findings suggest that Indonesia's legislative system should consider special provisions for the Omnibus Law method, which may be challenged in a preview system and may even fall under the doctrine of non-delegation. This system will ensure law coherence and legal certainty in the application of the Omnibus Law, as well as the efficacy of legislation development and the quality of the Omnibus Law's draft. Such an idea could only be implemented through legislative amendments, as required by Law No. 12 of 2011 on Legislation Making and the 1945 Constitution. Conclusion: The method of legislation development used in the Omnibus Law could be considered a viable option as long as the methods used to draught the law are consistent with the principles outlined in Law No. 12 of 2011 on Legislation Making. However, the implementation of the Omnibus Law has made insufficient progress due to the extensive use of delegated authority, which results in the emergence of 493 Government Regulations, trapping Indonesia in a coordination failure state or even overregulation. Therefore, the Omnibus Law should be drafted or enacted explicitly as a law without delegated norms or provisions. Thus, efficiency in the legislative process may be achieved.