By : Rashka Pratama )*
Omnibus comes from the Latin word omnis which means a lot. That is, the omnibus law is cross-sectoral which is often interpreted as the Sapujagat law. There are three things that are targeted by the government in the formation of the omnibus law, namely taxation, employment creation, and empowerment of micro small and medium enterprises. Omnibus law is also not new because in the United States, it has often been used as a cross-sectoral law. This makes the ratification of the omnibus law by the House of Representatives can directly amend several laws at once. President Jokowi’s own government has identified at least 74 laws affected by the omnibus law. What are the reasons and considerations for those who disagree with Omnibus Law?
For those who disagree or reject the omnibus law, it is reasonable that at least according to the lens and version of the Confederation of Indonesian Trade Unions there are 9 controversial points and the negative impact of the omnibus law. For this reason, the Confederation of Indonesian Trade Unions rejected the Omnibus copy of the Cipta Karya that had been submitted by the government to the DPR. Here are the nine controversial points: Loss of minimum wages, loss of severance pay, dismissal is very easy to do, lifetime contract employees, lifetime outsourcing, exploitative working hours, foreign workers, unskilled laborers, unskill workers, potentially free entry into Indonesia, loss social security, and criminal sanctions are gone.
The Confederation of Indonesian Trade Unions also considers that the omnibus law makes employers who do not give workers / workers entering retirement age, will not be subject to sanctions because in the Work Copyright Bill the criminal sanctions related to this matter are eliminated. There is an opinion for those who disagree with the omnibus law, namely the omnibus law has the potential to disregard the formal provisions in the formation of laws. Its fast nature and reaching many sectors are feared that it will break through several stages in the formation of laws, both at the planning, drafting, discussion, ratification, and enactment levels. This violation is contrary to the principle of the rule of law that requires all government actions to be based on law
Another assumption circulating is that the omnibus law narrows openness and public participation in the formation of laws. In practice in some countries, the formation of Omnibus law is dominated by the government or the House of Representatives. Material and processing time also depend on the agency. Usually, laws that are formed from the Omnibus Law are tried to be completed as quickly as possible, even in one decision-making opportunity. As a result, the space for public participation is small, even lost. Though the principle of openness and participation in making laws is the main spirit in a democratic country. But that’s all asking for worries that aren’t proven. If we think about it well, is it possible for the government to develop a policy that is detrimental to society? Of course not. If the community loses money, the government will also lose money, especially the reputation of the government in the eyes of the world. Omnibus Law is a good goal of the government for the community, especially workers so that their welfare increases. With the increase in welfare, it is expected that the number of unemployed can also be reduced.