Legal Hermeneutics of the Omnibus Law on Jobs Creation: A Case Study in Indonesia

Abstract

This study aims to examine and interpret the legal hermeneutics of the Omnibus Law on Job Creation (OLJC) or the Job Creation Law Number 11 of 2020 in Indonesia, especially the labor cluster. This law has become a controversial issue, because the drafting process tends to be very short and rushed and ignores the involvement of the wider community. This research is normative juridical research using the hermeneutic method. Documents used in the form of scientific contribution data and others that have been published include primary data and secondary data. The results of this study conclude that OLJC from the perspective of legal hermeneutics is considered very contrary to the philosophy of Pancasila and the 1945 Constitution, Law No. 15/2019, and the legal system in Indonesia. OLJC tends to regard labor as a mere factor of production and not as an individual human being with all his values and dignity. The contribution of this research is expected to be of special concern to the government and legislators to be wiser in implementing this law, because the benefits and functions of this law are still far from the expectations of the sense of justice of the wider community in Indonesia.