Omnibus Law And Conflicting Norms And Their Relevance To Business Ease In Indonesia

Zuhri Umar Ma’ruf, L. Wardhani
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Abstract

The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.
印度尼西亚综合法律和冲突规范及其与商业便利的关系
印度尼西亚法律法规的重叠问题已成为一个典型的未解决问题。《综合法》作为印度尼西亚起草立法的一种新方法的出现,预计将能够解决这些问题。但是,宪法裁判所认为,以“综合法”的方式制定的《创造工作岗位法》是有条件违宪的。本研究旨在深入研究综合法方法与印度尼西亚立法协调的相关性及其与宪法法院关于有条件违宪的决定的关系。本研究采用的研究方法是规范司法运用二手数据。根据研究结果,众所周知,综合法方法与印度尼西亚法律法规协调的相关性是综合法方法,尽管2019年第15号法律没有包括这一概念,但它提供了相互重叠的监管改革,但法律法规的协调需要完成。解决法律法规冲突的问题。这种方法有望有效解决法律法规的问题。还需要为《综合法》提供法律依据,使这些法规在印度尼西亚的执法中运行良好,不会造成问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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24 weeks
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