KAJIAN KRITIS ATAS UNDANG-UNDANG CIPTA KERJA DAN LEGISLASI OMNIBUS LAW

Abstrak

Overlapping and complex regulations in Indonesia prompted the government to adopt the omnibus law method through the Job Creation Law as an effort to simplify and expedite legislation. However, this approach has sparked widespread controversy regarding its constitutionality, minimal public participation, and its suitability with Indonesia's civil law system. This study aims to examine the omnibus law concept comparatively, analyze the problems in the formation of the Job Creation Law, and examine its position within the national legal hierarchy. Using normative legal research methods with a qualitative approach and literature review, this study systematically and deductively analyzes various legal sources. The results show that the process of formulating the Job Creation Law has been proven to ignore the principle of meaningful public participation, resulting in its being declared conditionally unconstitutional by the Constitutional Court. Theoretically, based on Hans Nawiasky's hierarchy of norms theory, the Job Creation Law is classified as an abstract norm (formell gesetz) that serves as a foundation for more concrete implementing regulations. It concludes that despite its aim for efficiency, the procedurally flawed legislative practice of the Job Creation Law, which ignores sound legal principles, ultimately carries a strong risk of delegitimizing the legal product itself.