Konsep Omnibus Law Ditinjau Dari Undang-undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-undangan Juncto Uu No. 15 Tahun 2019

Deni, Salestia (2021) Konsep Omnibus Law Ditinjau Dari Undang-undang Nomor 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-undangan Juncto Uu No. 15 Tahun 2019. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The formation of laws and regulations is a system, because in it there are several stages of events that are interwoven in a series of stages that are inseparable from one stage to another. These stages include the planning stage, the preparation stage, the discussion stage, the approval stage, and the dissemination stage. With the issuance of Presidential Regulation Number 93 of 2017 concerning the Acceleration of Business Implementation (Acceleration of Business Licenses), a new concept in the system of forming legislation, namely Omnibus Law, is known as an integrated legal system. Literally, the word Omnibus Law comes from the Latin "Omnis" which means many. In a legal perspective, the word Omnibus is usually juxtaposed with the word Law or Bill which means a rule made based on the compilation of several rules of different substance and level. The problem that arises is that Indonesia is a country that adheres to a Civil Law (Continental Europe) legal system, and does not adhere to the Common Law (Anglo Saxon) system where the concept of Omnibus Law was born. The formulation of research problems are first, what is the concept of Omnibus Law in Indonesian constitution? Second, how is the application of the Omnibus Law concept in the Formation of Legislation According to Law Number 12 of 2011 concerning the Formation of Laws and Regulations in the junto of Law Number 15 of 2019? Both formulas will be discussed using normative legal research methods (literature review) to find conclusions. The author will use three theories in an effort to study the problem, namely the Grand Theory, the Midle Range Theory, and the Omnibus Law Theory (Applied Theory). The conclusion of this research is that the concept of Omnibus Law in the Indonesian constitutional system is one of the principles in the source of law, and serves as a methodological framework for revising laws and regulations in Indonesia. In theory, the position of the Omnibus Law in the formation of statutory regulations is not regulated by Law No.12 of 2011, but its application in the technique of drafting statutory regulations does not violate applicable legal principles. The Omnibus Law can also be conceptualized as an Umbrella Act, which regulates multiple sectors in one law.

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