Omnibus Law Indonesia AdalahAdmin
Salah satu keunggulan metode omnibus law adalah kepraktisan untuk mengoreksi banyak regulasi bermasalah, meningkatkan kecepatan dalam penyusunan undang-undang. Dengan menyusun sebuah omnibus law sekaligus mengoreksi undang-undang bermasalah yang sedang berlaku. It will be interesting to follow the progress of these petitions. If successful, provided that all of the applicants` arguments are accepted by the Constitutional Court, the government could suffer a serious setback in its efforts to repeat the creation of Law No. 11 of 2020. The government intends to reuse the omnibus method in these efforts. Given the breadth and scope of Law No. 11 of 2020, this is the only viable method to replicate the content of this law in its new incarnation. If the Constitutional Court opposes the introduction of this method by Law No. 13 of 2022, the government will have to rely on other traditional methods that can be much more complicated and cumbersome.
First and foremost, the omnibus law streamlines Indonesia`s complex regulatory environment. The law eased restrictions in 11 critical areas, including labor law, capital investment, business licenses, corporate income tax, and land acquisition. These measures would, of course, make this country a much more attractive destination for foreign companies and investors. At the same time, the challenges of the digital society ecosystem are increasing, in which Indonesia can no longer remain entangled in formal procedures. On this basis, the only way to quickly simplify the regulations and at the same time unify them is the Omnibus Act. Omnibus law is a method or concept of combining several provisions with different regulatory content into a single regulation within a legal framework. Regulasi yang dibuat senantiasa dilakukan untuk membuat undang-undang yang baru dengan membatalkan atau mencabut juga mengamandemen beberapa peraturan perundang-undangan sekaligus. Indonesia`s omnibus law clearly demonstrates the government`s commitment to minimizing red tape in virtually all areas of business in order to attract foreign investors. Therefore, foreign investors should take into account the many changes and think about how best to proceed with this new law. The government originally wanted to submit the omnibus job creation bill to the DPR in December 2019, but missed its own deadline. 12.
In February 2020, Coordinating Minister of Economy Airlangga Hartarto submitted the bill to DPR spokesperson Puan Maharani.  The government has set a goal of concluding the consultations within one hundred days.   However, DPR leaders only began formal discussions on the draft law on April 1, 2020, when they discussed whether it should be reviewed by a special committee or by the DPR Legislative Council (Badan Legislasi) – a DPR body composed of eighty legislators from nine political parties.  The Legislative Council was supposed to hold meetings to discuss concerns about the bill, but instead formed a working committee for this purpose. The working committee, which did not include representatives from all DPR political factions, began discussing the draft law with the government on April 14.  On 20. In October 2019, President Joko Widodo, after being sworn in for his second term, announced his intention to revise laws that hinder job creation. He later said that the revisions would be made to the omnibus acts.  The word omnibus comes from Latin and means “for everything.” Essentially, this concept is like the saying once paddled, two three islands are crossed. A new regulation was formed, replacing more than one that was already in force. The omnibus law method is not entirely new in Indonesia: in addition to the issue of terminology, the substance of omnibus law has already been used in legislation.
Indonesia itself implemented the omnibus law through several regulations in 2017, including: In order to remedy the procedural flaws in Law No. 11 of 2020, the Constitutional Court ordered the following measures. First, the government must enact legislation on how to draft collective legislation in accordance with the principles of good legislation. Second, Law No. 11 of 2020 needs to be revised to comply with these principles, in particular the principle of openness, which requires more meaningful public participation. Essentially, the government is obliged to repeat the legislative process that led to the passage of Law No. 11 of 2020. This multitude of regulations often overlaps and is not coordinated.
Therefore, the government is discussing the enactment of an omnibus law in the form of a law (UU). A law will subsequently revise and simplify dozens of rules. There are many amenities included in the omnibus law (Arbeitsbeschaffungsgesetz). The convenience that is most often emphasized is the ease of handling business permits. While managing commercial licenses has so far been a complicated and tedious process, Ciptaker makes the complexity of the commercial license application process much shorter and easier. One of the concrete proofs is the implementation of the RBA OSS, which is risk-based rather than regulatory as always. In the past, Indonesia had relatively strict labor laws. The omnibus law has made labour law more flexible and market-friendly in order to better align it with that of other countries in the region. The role of the National Investment Coordination Body (BKPM) will be strengthened and will play a central role in streamlining the issuance of all business licences.
Under the Omnibus Act, a foreign investor can obtain a business license through a single online submission (OSS) system, eliminating the need to go through multiple government departments or other government institutions. The Omnibus Act will also introduce a risk-based approach system that will divide businesses into low-, medium- and high-risk categories. On 13 June 2022, the Government enacted Act No. 13 of 2022 on the Second Amendment of Law No. 12 of 2011 on the Creation of Laws and Regulations (Act No. 13 of 2022). The purpose of this amendment is to overcome the Constitutional Court`s objections to the legislative procedure establishing Law No. 11 of 2020. In order to counter the Constitutional Court`s objection that the method of creating an omnibus law is confusing, Law No.
13 of 2022 specifies this method for the first time. In order to take into account the Court`s objections that changes made to the content of Law No. 11 of 2020, after its text was approved in a plenary session of the House of Representatives, this amendment stipulates that it is possible to make changes after the text has been approved in plenary session to correct technical errors.