Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Study of The Omnibus Law Method to Create Responsive Laws in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303613,
        author={Bayu Dwi Anggono and Fahmi Ramadhan Firdaus},
        title={Study of The Omnibus Law Method to Create Responsive Laws in Indonesia},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={omnibus law laws and regulations responsive},
        doi={10.4108/eai.1-7-2020.2303613}
    }
    
  • Bayu Dwi Anggono
    Fahmi Ramadhan Firdaus
    Year: 2021
    Study of The Omnibus Law Method to Create Responsive Laws in Indonesia
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303613
Bayu Dwi Anggono1,*, Fahmi Ramadhan Firdaus2
  • 1: Faculty of Law, University of Jember, Indonesia
  • 2: Faculty of Law, University of Indonesia, Indonesia
*Contact email: bayu_fhunej@yahoo.co.id

Abstract

Laws and regulations are an important element in formal legal countries (rechtstaat) including Indonesia. In addition, to become the base and limitation for the authorities to act, laws and regulations are also become an instrument to solve the nation and state problems. However, Indonesia’s laws and regulations that aim to ensure legal certainty causes legal uncertainty itself. This case is happened because of overlapping law and there are still multi-interpretation rules. The issues discussed in this article are about how the omnibus law method can create responsive laws in realizing justice, utilities and legal certainty in Indonesia. The method used in this article is the conceptual approach and comparative approach. The implementation of the omnibus law in Indonesia must be based on Law No. 12 of 2011 concerning the Formation of Legislation. Finally, in order to create a responsive law, the formation process must involve participation and accommodate the aspirations of the public which is then manifested it into the law and regulations, so that the laws created are appropriate with the public legal needs.