Dr. Radian Salman says Omnibus Law innovative but need improvements

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Dr. Radian Salman SH, LL.M, Vice Dean III of Faculty of Law, UNAIR. (Photo: Agus Irwanto)

UNAIR NEWS – Lately, the people of Indonesia have been discussing the new draft of law, the Omnibus Law, which raises many pros and cons. The pros say that the Omnibus Law is an innovative legal product that will boost the Indonesian economy and will make Indonesia a developed country by 2045. While the opposition say that the bill will only benefit business people and upper middle class investors and put the workers at disadvantage.

Vice Dean III of FH UNAIR, Dr. Radian Salman SH, LL.M., as the speaker in the Omnibus Law Public Discussion organized by UNAIR, explained that basically the Omnibus Law is a legal product that regulates many things with unified principles and goals. He added that Omnibus Law is not a new item, the tradition to unite many legal products is common in countries that adopt a common law system such as in the United States that uses Omnibus Law for their budgeting.

“For Indonesia, legal product like this is new because our law adheres to the civil law system. Therefore, the arrangement for making it is still not regulated in Law No.12 of 2011 concerning the Formation of Laws and Regulations, but that does not mean making it against the law, “said the Utrecht University alumni.

Radian explained that making Omnibus Law would be beneficial in terms of time and cost. He explained that in the period 2014-2019, there were only about 84 bills that had been ratified into law and each process of drafting the bill would cost around 6.56 billion rupiah. The Omnibus Law will cover 81 bills to be made in one budget.

Although Radian acknowledges that the Omnibus Law product is an innovative and effective legal product, the making process is still in need of improvement, especially related to the issue of participation in the drafting of the bill.

Another thing is related to the fact that the bill will only discuss the main points and not touch on the details as they will be regulated further in the legislation under it, such as Government Regulations and Ministerial Regulations. Radian said that there would be so many new laws and regulations that had to be made.

“About the contents, it all depends on the philosophy and legal approach that will be used in reviewing this bill. However, with regard to institutions, I can judge that this Omnibus Law will give more power to the central government, this can bring positive impact or the other way around, “he concluded.

The discussion entitled Work Creation Draft Bill: Business Opportunities for Quality Economic Growth was held in Amerta Hall, Campus C Management Office on Friday, February 28, 2020 inviting other speakers such as Vice Dean I of FEB UNAIR, Dr. Rudi Purwono, Special Staff of Republic of Indonesia’s Coordinating Ministry for Economic Affairs, Umar Juoro M.A., and East Java’s Chamber of Commerce and Industry (Kadin) Vice Chairman for Investment, M. Turino Junaedy.

Author: Pradnya Wicaksana

Editor: Khefti Al Mawalia

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