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Original Research

LEGISLATION DRAFTING WITH OMNIBUS LAW METHOD AND THE IMPACT ON INDONESIAN LEGAL REFORM

PATRIKA SUSANA 1, I GDE PANTJA ASTAWA 2, and WIDODO 3.

Vol 17, No 11 ( 2022 )   |  DOI: 10.5281/zenodo.7379386   |   Author Affiliation: Doctoral Program Faculty of Law, Padjadjaran University, Bandung, Indonesia 1; Faculty of Law, Padjadjaran University, Bandung, Indonesia 2,3.   |   Licensing: CC 4.0   |   Pg no: 1792-1804   |   To cite: PATRIKA SUSANA, et al., (2022). LEGISLATION DRAFTING WITH OMNIBUS LAW METHOD AND THE IMPACT ON INDONESIAN LEGAL REFORM. 17(11), 1792–1804. https://doi.org/10.5281/zenodo.7379386   |   Published on: 29-11-2022

Abstract

The Omnibus Law is made to target one big issue enabling to revoke and to amend some legislations at one time to simplify them all. The concept of Omnibus Law is the model of regulation mostly adopted by countries applying Common Law System. The application of the model has raised some pros and cons in Indonesia since the enactment of the Job Creation Act. The result of research concluded that the Omnibus Law has the same legal standing with a legislation. However, when viewing from the method of drafting, this Omnibus Law is yet to be regulated explicitly in the Law No. 12, 2011. Drafting a legislation with Omnibus Law method highly influences the national reformation of Indonesian Law, specifically the reformation on the substance of the law. The development in the drafting technique of the legislation with an omnibus method is only for regulations with dimensions of extensive provisions and multi-sectoral character for bridging the sectoral interest, reducing the potency of disharmonisation, and strengthening the coordination. In addition, the use of omnibus method should take into account international standard of the good regulatory practices.


Keywords

Omnibus, Reformation, Law