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

Research Article

The Urgency of the Omnibus Law in Accelerating the Harmonization of Legislation in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303659,
        author={Rodiyah  Rodiyah and Indah Sri Utari},
        title={The Urgency of the Omnibus Law in Accelerating the Harmonization of Legislation 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; harmonization of legislations; accelerating; legal drafting},
        doi={10.4108/eai.1-7-2020.2303659}
    }
    
  • Rodiyah Rodiyah
    Indah Sri Utari
    Year: 2021
    The Urgency of the Omnibus Law in Accelerating the Harmonization of Legislation in Indonesia
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303659
Rodiyah Rodiyah1,*, Indah Sri Utari2
  • 1: Faculty of Law, Universitas Negeri Semarang. Indonesia
  • 2: Faculty of Law, Universitas Negeri Semarang, Indonesia
*Contact email: rodiyah@mail.unnes.ac.id

Abstract

Empirical facts show that there are 42 thousand laws and regulations in Indonesia. As a result, there are many overlapping regulations, both in the same hierarchical level and / or with the regulations below. This condition makes the Omnibus Law urgency in statutory regulations. Omnibus Law is one of the important alternative choices by harmonizing legislation. The Omnibus Law is an umbrella law because it regulates thoroughly and then has power over other rules. Stufenbau theory, the legal system and the operation of law are the basis for analysis that the harmonization of the Omnibus law becomes a protector for executives (implementing legislation) who will innovate and create divine justice in economic progress and investment. The implementation of the concept of omnibus law in Indonesia is a hierarchical order of linear legislation with Law Number 15 of 2019 concerning the Formation of Legislations. The form of a law is not a basic law, but a law which is equivalent to other laws, which all or part of the provisions are amended or abolished by making new norms.