UNAIR NEWS – The Omnibus Law designed by the Jokowi-Ma’ruf government reaps pros and cons from several groups. The merging of 79 laws (Law) with 1,244 interrelated articles caused some debate.
As a response, a lecturer in Constitutional Law at Faculty of Law (FH) Universitas Airlangga, Ekawestri Prajwalita Widiati, SH, LL.M. give her opinion. On Wednesday, Februari 5, 2020, she gave an explanation on the concept of Omnibus Law.
According to her, Omnibus Law is a design that combines several laws in one package with the aim of increasing the accessibility of laws and regulations. The legal product has the same form as other laws.
“This approach is relatively new considering that previously our design was very sectoral,” she said.
The lecturer known well as Wiwid added that legal products in Indonesia, which reportedly reached 65 thousand, need regulatory reform to encourage legal certainty and effectiveness in development and not vice versa. Seeing legal products that are still sectoral from the Dutch era is also still not easy.
Wiwid revealed that the implementation of Omnibus Law widely applied in countries with common law systems has succeeded in cutting the number of regulations by combining many rules so that it is consistently applied as one of the law reform policies.
“There is rejection in the community on the idea of Omnibus law on Employment Copyright Bill draft because substantively, it is not in favor of the workers,” he said.
He also added that there was no explanation yet about the elimination of criminal sanctions for companies in the bill even though this type of sanction is known in the Manpower Act. Workers want legal certainty over new rules that will replace old rules.
Apart from all of these problems, Wiwid believes that Omnibus Law is also a challenge for lawmakers because a large number of articles require consistency and extra work. The government and the community need to work together in realizing law enforcement that is able to encourage awareness in the community.
She concluded her opinion by stating that the Omnibus Law can solve the problems of law enforcement in Indonesia. Criminal and civil law can be emphasized through the Omnibus Law. (*)
Author: Aditya Novrian
Editor: Khefti Al Mawalia