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All Journal Jurnal Hukum Lex Generalis VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Taufiq Ismail
UIN Sunan Gunung Djati Bandung
Law, Crime, Criminology & Criminal Justice

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Penerapan Metode Omnibus Law dalam Pembentukan Peraturan Daerah pada Pemerintahan Kabupaten Cianjur Taufiq Ismail; Sahid Jayadi Hamzah
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1358

Abstract

This study discusses the application of the omnibus law method in the formation of regional regulations (perda) in Cianjur Regency as a strategic effort in organizing regional regulations that tend to overlap, have multiple interpretations, and are inconsistent. The purpose of this study is to identify the urgency and mechanism for using the omnibus law method in the formation of regional regulations to support synchronization and harmonization with higher laws and regulations, especially after the enactment of the Job Creation Law. This study uses a normative legal approach with conceptual and historical analysis of applicable legal provisions. The results of the study show that the omnibus law method is effective in simplifying regional legal products through the consolidation of various related perda into one more comprehensive regulation. The implementation mechanism includes the formation of a drafting team, inventory, grouping of content materials, to the formal legislative process through the regional regulation formation program (Propemperda). Although this method offers regulatory efficiency, challenges are still faced, especially the absence of technical implementing regulations from the central government which has the potential to cause formal legal problems in the future. Therefore, further policies are needed that guarantee legal certainty in the application of the omnibus law method at the regional level.
Critical Legal Studies: The Omnibus Law Method In the Formulation of Local Regulations on Local Taxes and Levies Taufiq Ismail; Uu Nurul Huda; Dedi Mulyadi
VARIA HUKUM Vol. 7 No. 2 (2025): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v7i2.46703

Abstract

This article examines the application of the Omnibus Law method in the formation of Regional Regulations on Taxes and Levies in Cianjur Regency through the lens of Critical Legal Studies (CLS). CLS, as a school of critical legal thought, challenges the assumption that law is neutral and objective and critically examines its relationship to political and economic power. This study aims to analyse the mechanism for drafting regional regulations using the Omnibus Law method and to assess the legal implications of its application in the absence of a clear technical framework. The research employs a normative approach, with conceptual and historical analyses of national regulations, particularly Law Number 12 of 2011 and its amendments, as well as case studies in Cianjur Regency. The findings indicate that, although the Omnibus Law has been codified in Law Number 13 of 2022, there are still insufficient technical regulations governing the formation of regional legal products under the Omnibus framework. This creates the risk of formal defects in the establishment of regional rules, potentially undermining their legal validity. Therefore, the application of the Omnibus Law method at the regional level requires careful study, and the principles of CLS can serve as a critical analytical tool for evaluating legislative processes heavily influenced by political and economic interests.
Co-Authors Dedi Mulyadi Sahid Jayadi Hamzah Uu Nurul Huda, Uu Nurul