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Ideal Omnibus Law Model in the Legal System in Indonesia

. Pahittiartik, GatotDwiHendroWibowo, Galang Asmara, Kaharuddin Doctoral Study Program of Law, Faculty of Law, University of Mataram, Indonesia


Abstract

Philosophically, the formation of legislation formed by omnibus law should make Pancasila as a paradigm. As one of the state supporters of law, the laws and regulations must be in a good and quality system to encourage the achievement of the state objectives outlined in the Preamble to the Constitution of the Republic of Indonesia in 1945. The purpose of the research is to understand the nature of omnibus law, the application of omnibus law, and find the ideal omnibus law model in the legal system in Indonesia in the future. This type of research is normative legal research with philosophical approach, conceptual approach, historical approach, statutory approach, and comparison approach. Legal materials used are primary, secondary, and tertiary legal materials for descriptive analysis. The results of the research are: Omnibus law is a new legal breakthrough as a methodological framework in the framework of structuring legislation and has not been regulated in Law No. 12 of 2011 on the Establishment of Legislation. Omnibus law is a concept, method, or technique that is not related to the prevailing legal system, but the substance of omnibus law that makes the concept or method appropriate to be a solution in the arrangement of legislation. The omnibus law model in Indonesia is to form new laws that change, remove, and or create new provisions from various laws. Law No. 11 of 2020 on Copyright Work as the realization of omnibus law was formed to realize the purpose of the State as mandated by the Constitution by synchronizing 78 laws.

 

Index Terms- Binding Agreement on Sale and Purchase, Land Rights, and Constitution

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