Omnibus Law Study on Law Changes in Indonesia in the Perspective of Legal Transplant

Abstract

The idea of Omnibus Law which was initiated by President Joko Widodo was found to be pros and cons from various experts. The model for the formation of laws using the Omnibus Law technique, if examined in the history of Indonesian legislation, has been carried out, although not exactly the same. Indonesia once had Law Number 5 of 1969 concerning statements of various Presidential stipulations and Presidential Regulations as Laws. If you look at its substance, this Law has the characteristics of an Omnibus Law because in one Law it contains statements about the legal status of various legal products that substantially contain different regulatory subjects. This research is classified as a legal research literature review (Juridical Normative), which is related to research to find out whether Omnibus Law can be applied in Indonesia, considering that Indonesia adheres to the Civil Law legal system, while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia. The concept of Omnibus Law was created as a new legal model (new paradigm) in the laws and regulations in Indonesia, so the Law made with the concept of Omnibus Law will change the legal system, because the concepts and theories are different from the legal norms that have been applies in Indonesia. while the Omnibus Law is actually applied in countries that adhere to the Anglo Saxon legal system. The researcher found that in general the process of forming legislation with the concept of Omnibus Law is not clearly regulated in Law Number 12 of 2011, but there is not a single article in Law Number 12 of 2011 that forbids the use of the Omnibus Law concept being applied in Indonesia.