A Study of the Omnibus Law Method in Law Establishment in Indonesia

Abstract

Simplifying complex regulations to encourage investment and employment has made the Omnibus Law method in the Job Creation Act, which was initially believed to accommodate investment and employment, have a very noble purpose. However, the Formation of the Law must adhere to the formation procedures outlined in law number 12 of 2011 regarding the Formation of laws and regulations. In reality, law number 11 of 2020 about employment creation, an example of the omnibus legislative technique, is not in conformity with the formation procedure envisioned by law number 12 of 2011. The method of research is normative legal research with a statute-based approach. The primary concerns of this study are whether the omnibus law approach is consistent with the Indonesian legal system and whether it is suitable for use in the formulation of laws in Indonesia based on law number 12 of 2011. To evaluate and analyze the use of the omnibus law method in the Indonesian legal system, as well as the compatibility of Law No. 11 of 2020 about job creation as a type of the omnibus law method with the principle of establishing Legislation based on Law No. 12 of 2011.