CD Tesis
Kajian Omnibus Law Pada Perubahan Undangundang Di Indonesia Dalam Perspektif Transplantasi Hukum
The proposal initiated by President Jokowi to issue Omnibus Law has
drawn public reactions, because Indonesia adheres to the Civil Law legal system,
while Omnibus Law comes from a country that adheres to the Common Law legal
system. Each Law must have a different Philosophical, Juridical, and Sociological
basis, making it difficult to ensure that it remains in the Omnibus Law. The
formulation of the problem in this paper is whether the changes to the Law using
the Omnibus Law method are in accordance with the formation of laws in
Indonesia. This writing uses a normative juridical research method, with a
statutory approach it will be easy to reach an agreement and avoid political
deadlocks, save time and shorten the legislative process, make the formation of
laws more efficient, and increase productivity in the formation of laws. The
weakness of the Omnibus Law is that it is pragmatic and less democratic, limits
the space for participation and is less careful. The opportunity for the adoption of
the Omnibus Law technique in the Indonesian legal system will depend on the
success and benefits of the resulting Omnibus Law. A number of requirements
need to be met in the use of the Omnibus Law in Indonesia, namely the fulfillment
of the principles of openness, prudence, and public participation and should not
be carried out for policies containing large scale, especially those related to
Human Rights (HAM).
Keywords: Omnibus Law, Adoption, Opportunities and Challenge
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