JHR (Jurnal Hukum Replik)
Vol 13, No 2 (2025): Jurnal Hukum Replik

Dynamics of Omnibus Law Formation: Between Legislative Efficiency and Potential Legal Chaos

Al-Fatih, Sholahuddin (Unknown)
Ranendra, Bagas (Unknown)
Tajrim, Muhammad Ikhsan (Unknown)
AllahRakha, Naeem (Unknown)



Article Info

Publish Date
04 Nov 2025

Abstract

The Omnibus Law method represents a novel approach in the Indonesian legislative framework, initially embodied in Law Number 11 of 2020 on Job Creation. This method unify diverse sectoral regulations into a singular legal framework to enhance economic growth and streamline investment processes. However, it faces substantial criticism regarding its legitimacy, notably for inadequate public participation and potential legal ambiguities that may arise from overlapping norms. The integration of the Omnibus Law, influenced by common law traditions, presents compatibility challenges within Indonesia's civil law system, which emphasizes a hierarchical legal structure. The absence of explicit procedures for enacting Omnibus Laws in existing legislation has resulted in fears of legal uncertainty and procedural violations, particularly manifest in the rapid and non-inclusive passage of the Job Creation Law. Critics caution that this approach undermines democratic processes by lacking transparency and public input, as evidenced by widespread protests reflecting public discontent. Additionally, the consolidation of various regulations raises concerns regarding interpretative conflicts and implementation difficulties, posing risks to compliance and governance efficiency. The Constitutional Court has deemed the law "conditionally unconstitutional," underlining its procedural shortcomings. Despite these issues, the Omnibus Law holds potential for simplifying complex regulations and fostering investment, contingent upon enhanced transparency, accountability, and public engagement. Consequently, while the Omnibus Law method could significantly reform Indonesia's legislative landscape by providing adaptive solutions for contemporary challenges, its successful implementation necessitates careful formulation and a commitment to preserving justice and equity within the legal process.

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Journal Info

Abbrev

replik

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic ...