Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
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All Journal Journal of Innovation Research and Knowledge
Owen Doly Ambarita
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Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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OMNIBUS LAW DAN KRISIS LEGAL DRAFTING: EVALUASI KEGAGALAN UU CIPTA KERJA DAN REKOMENDASI REFORMASI LEGISLASI Parningotan Malau; Natashya Simaremare; Owen Doly Ambarita; Johannes Bonatua Marpaung; Edward Muliandino; Andika Simamora
Journal of Innovation Research and Knowledge Vol. 5 No. 3: Agustus 2025
Publisher : Bajang Institute

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Abstract

The omnibus law approach in Indonesia was introduced as a solution to overlapping and conflicting regulations. However, its application in the Job Creation Law has generated significant issues, particularly in the area of legal drafting. This article critically examines the drafting failures of the law based on the principles of proper regulatory formation as outlined in Law No. 12 of 2011 in conjunction with Law No. 13 of 2022. Through case analysis, theoretical perspectives, and comparative reviews of international practices in the United States, Canada, and the Philippines, the article argues that the core problem of the omnibus law lies not in its concept, but in its poor drafting structure, legal ambiguity, excessive delegation of authority, and lack of public participation. The article concludes by offering five key recommendations to reform Indonesia’s legal drafting process so that the omnibus law can serve as a legitimate, effective, and democratic instrument of regulatory harmonization
Co-Authors Andika Simamora Edward Muliandino Johannes Bonatua Marpaung Malau, Parningotan Natashya Simaremare