Legislative Corruption: Criticism of the Omnibus Law Policy in the Mineral and Mining Sector in Indonesia

Abstract

The practice of state capture corruption (legislative corruption) commonly occurs when the process of drafting a law is very short, not transparent, lacks public participation, and violates a number of legal norms and formal and material principles. The process of drafting laws, which tends to be closed from public access, is often accompanied by the practice of abuse of power or transactions of legislative authority, leading to the poor quality of legislation products. In the mineral and coal mining sector, sectoral laws exposed to state capture corruption will open up space for corruption practices (administration corruption) by corporations or a handful of people by taking advantage of opportunities or material weaknesses or the articles in the law. This study examined the polemic of state capture corruption related to the material of Law No. 11/2020 on Job Creation, especially clusters of material related to the simplification of permits and investment requirements in the land sector and the abolition of the AMDAL obligation and opens up space for corruption practices. Also, it included the strategy of strengthening legislative policies to support the prevention of corruption in the mineral and coal mining sector. This research was normative-empirical, including: First, library research, identifying and analysing secondary data related to the polemic of legislative corruption on a number of materials on the Omnibus Law and other relevant sectoral regulations; Second, field research to obtain primary data by seeking expert opinion/legal expert through observation and in-depth interviews based on purposive sampling; Third, analysis of the results by identifying a number of polemics on corruption in the legislation on the work creation law based on the problem formulation. Finally, formulation of the right legislative policy (UU) rule model is necessary for supporting the prevention of corruption in the mineral and coal mining sector in Indonesia.