By: TW Deora) *
PRESIDENT Joko Widodo in his inaugural address expressed his intention to simplify regulation and invite the DPR to make two big laws or the omnibus law, namely the employment creation law and the Law on the development of Micro, Small and Medium Enterprises (MSMEs). The application of the Omnibus Law is believed to have a number of positive impacts on society.
Indonesia is suspected of having issued a policy such as the omnibus law, namely RI Decree Number I / MPR / 2003 concerning Review of Ma¬teri and Legal Status of Provisional MPR Decree along with RI MPR Decree 1960 to 2002. Its contents regulate which MPR Decree is available. applies and does not apply.
On the other hand, the National Development Planning Agency has now consulted with legal expert Jimly Asshiddiqie regarding omnibus law. According to Bappenas Deputy for Politics, Law, Defense and Security, Slamet Soedarsono, this was urged to be created immediately because it had a major impact on society.
Jimly said there were two things the government must do to accelerate the formation of the omnibus law. First, immediately evaluate the law, presidential regulations, and also related government regulations. Secondly, creating a system that is able to summarize all laws and regulations in one application container. More precisely, there must be an electronic audit system of all statutory products.
The Secretary General of the NasDem Party, Johnny G Plate, said he helped explain the omnibus law as a priority that must be included in the National Legislation Program. He considered the Omnibus law could become a bill at the initiative of the DPR or the government. The same thing was also expressed by Gerindra Party politician, namely Sandiaga Uno who also supported the realization of the omnibus law. According to him, job creation and UMKM empowerment have so far been carried out in the OK OCE program.
The government’s step in implementing the Omnibus Law scheme is increasingly wide open. Not only can it parse the complexity of existing regulations. But it also has a number of positive effects. Especially for the development of the national economy. In addition, the Omnibus Law specifically will improve every regulation in the economic sector which includes Investment, Taxes, Development, and Availability of Employment. Although it still applies at the central level, the Omnibus Law is planned to be implemented in all regions in order to create harmonious rules between the regional government and the central government.
Confidence in developing Indonesia is getting closer. So there is no need to linger anymore to immediately apply this rule. After all, all parties and elements of society realize the importance of simplifying regulations as an effort to realize economic improvement and national welfare.
The maturation of a number of laws which are considered difficult will be revised in order to support the improvement of the national economy.
Confidence in the Omnibus Law scheme is mounting. Not only is staying digadang able to simplify all the complexities related to licensing and regulations, but also able to support the improvement of the national economy. The scheme initiated by President Jokowi also reaps support. Various parties have agreed with the application of this idea.
Moreover, the positive impact that Omnibus Law is ready to give will benefit Indonesian citizens. For example access to investment that strengthens the country’s economy, job creation. on a large scale, appropriate wage rules, the existence of a tax holliday which is said to be a breath of fresh air for entrepreneurs on such burdensome taxes.
According to the law and economics expert at Pelita Harapan University, Maria Soetopo, said Indonesia could implement the legal system through the omnibus law scheme. Although the laws for the formation of legislation do not accommodate these provisions, their application can use the concept of omnibus-hybrid or so-called quasi omnibus law.
He explained that the Omnibus law could be applied in civil law countries because of Presidential Regulation 87/2014, Article 44, which reads “Authority is given to every ministry or institution for planning, drafting legislation”. Maria said the omnibus law scheme could be used for deregulation in order to avoid overlapping and create efficiency in the implementation of a policy.
Meanwhile, according to a law expert from the University of Indonesia, Indriyanto Seno Adji, said the omnibus law was not implemented because so far Indonesia has used the civil law system. However, this can still be changed by government discretion and the impact will be good, namely to stop overlapping existing rules. He also said that government discretion in this matter does not require changes to the law.
In a limited meeting chaired by President Jokowi (1/6/2020), the President assigned BIN to examine the impact of the discussion of the Omnibus Law Bill in the DPR-RI. According to many circles, the President wants to get input and strategic studies from BIN related to omnibus law, which of course BIN previously carried out “escort, investigation and intelligence gathering” to succeed the Omnibus Law legislation process in the DPR-RI, by minimizing threats, disturbances, and obstacles during its discussion. , so it can be completed.
The President’s order to BIN might also be caused by the discussion of the Omnibus Law in the Indonesian Parliament to be colored by many dynamics, including the planned workers’ demonstration starting on January 16, 2020.
*) Strategic problem observers