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All Journal Diponegoro Law Review Administrative and Environmental Law Review
Karunia, Dinar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Omnibus Law In The Dynamics Of Constitutional Law: A Comparative Research Of Indonesia, The United States, The Philippines, And Canada Kaharuddin, Kaharuddin; Karunia, Dinar; Moechthar, Oemar; Maria Frisa Katherina, Ave
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4054

Abstract

The omnibus law is a legislative technique designed to streamline regulations by consolidating diverse legal norms into a single statute. In Indonesia, this method has been adopted through the Job Creation Law to enhance legislative efficiency and stimulate economic growth. However, its implementation has raised concerns regarding constitutional democracy, public participation, and adherence to the rule of law as articulated in the 1945 Constitution. This article explores the tension between regulatory efficiency and democratic principles within Indonesia’s constitutional framework. Key issues include limited public engagement, potential infringements of constitutional rights, and the erosion of checks and balances in the legislative process. Using a normative and comparative approach, the research concludes that while the omnibus law offers potential for regulatory reform, its application must be grounded in democratic values, transparency, and social justice to uphold the rule of law.
FAST TRACK LEGISLATION WITHOUT A LEGAL TRACK: A COMPARATIVE CRITIQUE OF ACCELERATED LAW-MAKING IN INDONESIA AND OTHER JURISDICTIONS Kaharuddin, Kaharuddin; Moechthar, Oemar; Sekarmadji, Agus; Karunia, Dinar; Kristianti, Dwi Rahayu; Widianti, Ekawestri Prajwalita; Katherina, Ave Maria Frisa; Hidayat, Yogi
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.199-216

Abstract

This study critically examines the trend of "fast-track legislation" in Indonesia, particularly focusing on the Omnibus Law on Job Creation, the IKN Law, and the 2024 Constitutional Court Law. While fast-track legislation is often used as a tool for crisis management, Indonesia’s approach raises significant concerns due to its lack of a formal procedural framework. Unlike mature democracies such as the United Kingdom, the United States, and New Zealand, which have regulated systems for expedited law-making, Indonesia’s fast-track process is largely unregulated and accelerates policy changes without proper public scrutiny. The study uncovers a troubling pattern where speed becomes a substitute for thorough deliberation, leading to a democratic deficit and allowing executive power to bypass essential checks and balances. By comparing Indonesia’s practices with those of established democracies, the research highlights that fast-track mechanisms can be effective when guided by clear legal standards, judicial review, and transparency. However, Indonesia’s current system risks undermining democratic accountability, as urgency is often used as a tool to avoid public participation and scrutiny. The article concludes by calling for the urgent codification of a transparent, participatory framework for expedited legislation within Indonesia’s existing legal structures. This framework should define criteria for urgency, ensure procedural safeguards, and prioritize public involvement, ultimately ensuring that the pursuit of speed does not come at the cost of democratic integrity.
Co-Authors Agus Sekarmadji Dwi Rahayu Kristianti Hidayat, Yogi Kaharuddin Katherina, Ave Maria Frisa Maria Frisa Katherina, Ave Oemar Moechthar Widianti, Ekawestri Prajwalita