Waiting For The Readiness Of The Government And The DPR To Give Birth To The Omnibus Law

JAKARTA - President Jokowi in his first speech after being inaugurated as President of the Republic of Indonesia 2019-2024 said that he would draft a statutory law concept called the Omnibus Law. According to Jokowi, this concept would simplify the currently complicated and lengthy regulatory constraints.

However, unfortunately during a meeting with the Legislation Body (Baleg) of the DPR today, the government did not seem ready to relate to the concept of the omnibus law.

Secretary of the Coordinating Ministry for Economic Affairs, Susiwijono, explained that the discussion regarding the concept is still in its early stages and it has not yet been described in what direction it will be.

"That is just the first line that provides clear directions on what steps we must follow up on. The process is still ongoing, we have not yet gathered all the friends from the ministry of institutions. This is still in the very early stages and is still dynamic," he said at a meeting at the DPR Building, Parliament Complex, Senayan, Jakarta, Wednesday, November 13, 2019.

Susiwijono also said that there would be more changes. Because, his party will still discuss several substance groups on a limited basis with several related technical ministries.

"At least we will report several substance groups that are still being discussed. We will prepare a ministerial coordination meeting early next week," he said.

First, related to the problem of simplifying business licensing, said Susiwijono, the current licensing conditions still have to apply for permits while the government wants to change them.

"Second, related to investment requirements. As one of the obstacles to investing. We still have 515 business fields that are on the negative investment list," he said.

Third, related to labor issues. According to Susiwijono, this is still quite sensitive. His party is still careful, because it has not set out where it will go. However, his party will intensify the next few days.

"We with several echelon I of the Ministry of Manpower in this labor cluster, what do we want to formulate together. In the initial concept, there are some notes. However, the position is whether the Manpower Law wants to be amended or not. There is still no decision yet is still a long discussion," he said.

Then, he continued, the fourth was a special discussion cluster for the convenience and protection of MSMEs. "Related to this, there are still several things in the different UMKM regulations. Fifth, the ease of doing business. Whether related to the issue of incentives to guaranteeing what kind of halal products," he explained.

"Sixth, new input from the Ministry of Research and Technology, the importance of clusters related to research and innovation issues because in the future our economy must rely on research. Seventh, related to government administration, related to mapping authority. There are two laws that we are discussing: the Government Administration Law and the Regional Government Law," he continued.

Meanwhile, regarding the imposition of criminal sanctions related to investment. According to him, he will discuss if the sanctions are in the direction of civil sanctions. Ninth, related to land issues. There is a suggestion that there should be a special discussion group on land acquisition issues.

"Ten, the ease of government projects. Compared to other countries, how easy government projects are, including for land affairs. Eleven, related to the economic area," he said.

"We have not discussed this with all ministries and institutions. This is indeed still in the early stages. Because it was only yesterday that we started," he continued.

Meanwhile, the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD revealed the reason for the need for an omnibus law. According to him, this is due to the many obstacles to investment in government.

"Investment is hampered by this rule. In the government, there have also been problems in the field of law enforcement, there are problems because of the different roles given by different laws and regulations," he said.

According to him, after his party examined there were indeed two problems that hindered investment and law enforcement. Because of that, he took the model of legal development in Anglo Saxon countries which introduced the omnibus law. Where one law can solve various problems with the same content in one door.

"So we have one rule that can cut everything at one door, so that everything is finished at one door. So that's our understanding of the omnibus law," he said.

Get to know the Omnibus Law

In the world of law, Omnibus Law is known as 'broomstick' law or a legal umbrella created for several regulations at once. In fact, the application of the Omnibus law can be used to replace several legal norms in several laws. This mechanism is considered to be more effective and efficient in the process of drafting and revising laws.

Quoting Tempo's website, Constitutional Law Expert Bivitri Susanti explained that Omnibus Law has indeed been practiced in several countries, including Ireland, Canada and the United States. "Ireland managed to hold the world record in the practice of omnibus laws only through one law that succeeded in removing or streamlining around 3,225 laws."

However, Bivitri said this foreign concept could not be applied in Indonesia because it had never been practiced. "It's very difficult actually. Because we are in different contexts. It's not impossible, but full of challenges," said the lecturer at the Jentera Law College.

The idea of streamlining the rules has not been echoed once or twice, at least the Ministry of Law and Human Rights has conveyed its plan regarding the Omnibus Law in 2015. If the government is planning to implement Omnibus Law, Bivitri hopes that the DPR is ready to work hard.

"The discussion model in which many issues are discussed in one law is unusual in the DPR, never before. So the discussion model in the DPR must also be ready, the staff in the DPR must also be ready. The second is at the political level. I think there will be many challenges at the political level. from the DPR members themselves, "said Bivitri.