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Lutfi Rahmathoni
Universitas Islam Kalimantan MAB
Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal certainty and clarity of formulation in the omnibus law technique in indonesia: from conditional unconstitutionality toward formal validity Lutfi Rahmathoni; Abdul Karim; Sri Herlina; Yulianis Safrinadiya Rahman
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 2 (2026): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i2.164

Abstract

The application of the Omnibus Law technique in the formation of Law Number 11 of 2020 on Job Creation has raised problems of legal certainty within Indonesia’s civil law system, particularly with regard to the principle of clarity of formulation. Previous research has tended to discuss Constitutional Court Decision Number 91/PUU-XVIII/2020 and the regulation of the omnibus technique through Law Number 13 of 2022 separately, and therefore has not linked those developments to a continuing assessment of legal certainty. This study analyzes the implications of the change in the status of the Omnibus Law technique, as well as its legal certainty, based on the principle of clarity of formulation. The study employs a normative legal method using statute, conceptual, and case approaches. The results show that Decision Number 91/PUU-XVIII/2020 located the problem in the procedural aspects of lawmaking and did not remove the requirement of meaningful participation, whereas the regulation of the omnibus technique through Law Number 13 of 2022 provides formal legitimacy without necessarily resolving the constitutional problems of the Job Creation Law. Substantively, the omnibus technique still faces problems of accessibility, predictability, and coherence due to its cross-sectoral scope and the complexity of its regulation. This study offers an indicator-based analytical framework for distinguishing formal legitimacy, constitutional validity, and substantive legal certainty in the formation of laws and regulations.
Legal certainty and clarity of formulation in the omnibus law technique in indonesia: from conditional unconstitutionality toward formal validity Lutfi Rahmathoni; Abdul Karim; Sri Herlina; Yulianis Safrinadiya Rahman
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 2 (2026): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i2.164

Abstract

The application of the Omnibus Law technique in the formation of Law Number 11 of 2020 on Job Creation has raised problems of legal certainty within Indonesia’s civil law system, particularly with regard to the principle of clarity of formulation. Previous research has tended to discuss Constitutional Court Decision Number 91/PUU-XVIII/2020 and the regulation of the omnibus technique through Law Number 13 of 2022 separately, and therefore has not linked those developments to a continuing assessment of legal certainty. This study analyzes the implications of the change in the status of the Omnibus Law technique, as well as its legal certainty, based on the principle of clarity of formulation. The study employs a normative legal method using statute, conceptual, and case approaches. The results show that Decision Number 91/PUU-XVIII/2020 located the problem in the procedural aspects of lawmaking and did not remove the requirement of meaningful participation, whereas the regulation of the omnibus technique through Law Number 13 of 2022 provides formal legitimacy without necessarily resolving the constitutional problems of the Job Creation Law. Substantively, the omnibus technique still faces problems of accessibility, predictability, and coherence due to its cross-sectoral scope and the complexity of its regulation. This study offers an indicator-based analytical framework for distinguishing formal legitimacy, constitutional validity, and substantive legal certainty in the formation of laws and regulations.
Co-Authors Abdul Karim Sri Herlina Yulianis Safrinadiya Rahman