By: Edi Jatmiko )*
Simplifying the regulation is one of the Jokowi-Ma’ruf Government programs. This simplification is a way for the Government to simplify regulations that are generally complicated and provide legal certainty.
Many legal products in Indonesia overlap so that it prevents legal certainty. For example, the Manpower Act, which has several articles, inhibits and scares investors into investing in Indonesia. Though the form of investment is part of the development and efforts to achieve social justice for all the people of Indonesia. Another example is that the Taxation Law overlaps with other laws. The MSME Empowerment Act was not yet optimal because it had a lot of uncertainties. There are still many legal products that experience the same thing.
This condition creates uncertainty in the legal protection of various forms of state activity that is useful for creating justice and prosperity for all Indonesian people. On the other hand, the government which is a mandatory must obey the applicable law, even though the law experiences uncertainty and its interpretation bias. This raises problems for the government that seeks to carry out the mandate of the 1945 Constitution.
The Omnibus Law is the only solution to overcome the overlapping regulations. Omnibus Law is a law that is made related to one major issue related to the realization of the ideals of the state, which will change several related laws at once, so that regulations become simpler and easier to implement. Thus this legal product will be easier to interpret and not experience any discrepancies and overlaps with other laws.
Omnibus Law is an effort to create a more civilized legal system. Because structurally and systematically there will be a law that describes in detail the State’s policies as well as detailed rules, which help each citizen get protection in getting their rights as citizens. Investors need not fear workers and workers do not need to be suspicious of investors. The people need not be suspicious in paying taxes and the government does not need to worry about the obligations of its citizens. The relationship of all parties will be protected as an effort to create social justice. The legal system is made to be systematic in its direction of movement with other legal products. Thus, it appears that the shrimp law is more civilized and does not favor certain groups.
The government’s effort to propose the Omnibus Law is an attempt to create a civilized, just and prosperous society, based on the mandate of the 1945 Constitution. This causes many services that are not optimal, because worries will violate the law. Even though what happened was the uncertainty in implementing the Act.
It is not only Indonesia that applies Omnibus Law, but many countries in the world that hold the Common Law principles also apply this. The goal of the Omnibus Law is that there are no overlapping regulations, and also makes it easier for State institutions to work serving the community.
What needs to be observed by the public is guarding the Omnibus Law to be in line with the ideals mandated in the 1945 Constitution. Because with the existence of simple regulations, it will facilitate the bureaucracy to work serving the community.
The Omnibus Law can aggressively encourage the realization of the ideals of a civilized, just and prosperous society. Omnibus Law can encourage the competitiveness of the Indonesian people in the Asian region to the world. Collaboration between community support and bureaucracy in realizing the Omnibus Law will make the Indonesian nation a respected law state. That’s because the regulations made have certainty in protecting every Indonesian citizen, without creating a frightening and confusing Indonesian legal face.
)* The author is a social political observer