Implementation of the omnibus law concept and consolidated texts: Amalgamation of the common law and civil law legal systems

Abstract

Laws serve as normative prescriptions to guide human behavior in social life, ensuring the proper functioning of a society. However, the adoption of the omnibus law concept in Indonesia does not guarantee immediate perfection. To address this, an additional instrument, known as a consolidated text, is necessary to create systematic and easily understandable legal products for the public. This study aims to explore the application of consolidated texts in other countries and examine how they can be implemented in Indonesia's law formation process, particularly in relation to the omnibus law concept. The research employs normative research methods, incorporating statutory, conceptual, and comparative approaches. The findings reveal that Indonesia's adoption of the omnibus law concept would be ideal if accompanied by consolidated texts. Several countries, including the United Kingdom, Australia, and New Zealand, have already embraced consolidation methods in the development of their laws and regulations. Through the consolidation approach, all revised laws and regulations can be consolidated into a single text, complemented by additional regulations such as court decisions that provide further explanations regarding modified or unchanged articles or paragraphs.