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K. Johnson Rajagukguk
Universitas Borobudur, Jakarta, Indonesia
Social Sciences

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Omnibus Law in Legislative Drafting: Realising High-Quality Legislation in Indonesia K. Johnson Rajagukguk; Faisal Santiago; Ahmad Redi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.530

Abstract

The implementation of the Omnibus Law method in Indonesia represents a significant innovation in the formation of legislation aimed at ensuring legal quality, coherence, and efficiency. As noted by Jimly Asshiddiqie, the Omnibus Law can serve as a corrective mechanism to overcome hyper-regulation and legal fragmentation that have long undermined legal certainty and governance. However, its application raises questions about democratic legitimacy, public participation, and the balance of power among state institutions. From Hans Kelsen’s perspective, the Omnibus Law must still adhere to the principle of a hierarchical legal order (Stufenbau theory), ensuring that every regulation derives its validity from higher norms, ultimately grounded in the 1945 Constitution of the Republic of Indonesia (UUD 1945). Thus, while the Omnibus Law offers potential to enhance the quality of legislation in Indonesia, its success depends on maintaining constitutional conformity, participatory inclusiveness, and alignment with both theoretical and practical demands of a democratic legal state.
Co-Authors Ahmad Redi Faisal Santiago