Journal of Innovation Research and Knowledge
Vol. 5 No. 3: Agustus 2025

OMNIBUS LAW DAN KRISIS LEGAL DRAFTING: EVALUASI KEGAGALAN UU CIPTA KERJA DAN REKOMENDASI REFORMASI LEGISLASI

Parningotan Malau (Unknown)
Natashya Simaremare (Unknown)
Owen Doly Ambarita (Unknown)
Johannes Bonatua Marpaung (Unknown)
Edward Muliandino (Unknown)
Andika Simamora (Unknown)



Article Info

Publish Date
01 Aug 2025

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

Copyrights © 2025






Journal Info

Abbrev

JIRK

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Innovation Research and Knowledge, published by Bajang Institute. Published in two formats, print and online, print version of ISSN: 2798-3471 and the online version of ISSN: 798-3641, both of which are published every month. The scope of the journal studies broadly includes: Culture (a ...