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VOL. 6, ISSUE 2 (2024)
Study and implementation of the omnibus law method in preparing legislation law number 13 of 2022 in Indonesia
Authors
Fikri Jamal, Efik Yusdiansyah, Yoyon M. Darusman
Abstract
To realise the planned, integrated, and
sustainable regulation formation, it is necessary to arrange and improve the
mechanism of regulation formation from planning, preparation, discussion,
ratification or determination to enactment. This includes adding provisions on
the omnibus law method in regulation formation and strengthening the meaningful
involvement and participation of society. Therefore, Law Number 13 of 2022,
concerning the second amendment to Law Number 12 of 2011 on the Formation of
Legislation (hereinafter referred to as Law 13/2022), was enacted on June 16,
2022. Law No. 13/2022 aims to improve several provisions contained in the
previous law while also addressing the Constitutional Court's decision Number
91/PUU-XVIII/2021. The Constitutional Court granted the lawmaker (joint
DPR-Government) two years to make amendments. According to the Constitutional
Court, if no improvements are made within this period, the Act will face
controversy regarding its method and substance and will become permanently unconstitutional.
The Constitutional Court's decision clearly instructs the lawmakers to revise
the Job Creation Law due to issues in its formation process. However, instead
of amending the Job Creation Law, the DPR and the government revised Law No. 12
of 2011 concerning Regulation Formation Legislation, which had been previously
amended by Law No. 15 of 2019 (UU P3). As a result, on June 16, 2022, a
"limited" revision of the P3 Law was enacted with the promulgation of
Law 13/2022. This law is considered to pave the way for the omnibus method,
which was not previously regulated in the P3 Law. The purpose of this research
is to describe and analyse the issues in regulation formation using the omnibus
law method. The research method used is normative legal research, which
involves studying law through reference materials or secondary data as the
basis for research, including examining regulations related to the main
problem. This study conceptualises law as norms or applicable rules in society
that serve as a reference for everyone's behaviour. Therefore, normative legal
research focuses on the inventory of positive law, legal principles and
doctrines, legal discovery in specific cases, the systematisation of law, the
synchronisation level of law, comparative law, and legal history.
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Pages:118-124
How to cite this article:
Fikri Jamal, Efik Yusdiansyah, Yoyon M. Darusman "Study and implementation of the omnibus law method in preparing legislation law number 13 of 2022 in Indonesia". International Journal of Law, Policy and Social Review, Vol 6, Issue 2, 2024, Pages 118-124
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