{"title":"印度尼西亚立法中的不自由倾向:以创造就业综合法为例","authors":"Saru Arifin","doi":"10.1080/20508840.2021.1942374","DOIUrl":null,"url":null,"abstract":"ABSTRACT For the first time in the country’s legislative history, the Indonesian Parliament passed an omnibus law on job creation. By incorporating multiple statutory provisions from different types of law into a single Act, the omnibus law heralded a new age of Indonesian legislation. The legislation model of the omnibus bill, on the other hand, has been heavily criticised, with venues including marches, demonstrations, social media messages, and academic discussion forums. The government’s new omnibus bill format for the Job Creation Law, according to this article, endangers Indonesia’s parliamentary democracy by tilting it toward illiberalism. In illiberal democracies, public engagement is often ignored. Parliament does not have enough time to discuss the substance of Articles because they are lengthy and time-limited. An omnibus legislation, on the other hand, takes longer to complete due to the increased number of content rules. Consequently, rather than satisfying public expectations, the government’s policy has been distilled into the omnibus bill plan. Meanwhile, the omnibus bill has thrust society to the forefront of the legislative agenda. To be completely frank, the efficacy and effectiveness with which legislative laws convey people’s desires dictates the quality of legislation. As a result, this article proposes amending the legislation governing legal development by introducing an omnibus law model appropriate for Indonesia’s legal democracy.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2021.1942374","citationCount":"12","resultStr":"{\"title\":\"Illiberal tendencies in Indonesian legislation: the case of the omnibus law on job creation\",\"authors\":\"Saru Arifin\",\"doi\":\"10.1080/20508840.2021.1942374\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT For the first time in the country’s legislative history, the Indonesian Parliament passed an omnibus law on job creation. By incorporating multiple statutory provisions from different types of law into a single Act, the omnibus law heralded a new age of Indonesian legislation. The legislation model of the omnibus bill, on the other hand, has been heavily criticised, with venues including marches, demonstrations, social media messages, and academic discussion forums. The government’s new omnibus bill format for the Job Creation Law, according to this article, endangers Indonesia’s parliamentary democracy by tilting it toward illiberalism. In illiberal democracies, public engagement is often ignored. Parliament does not have enough time to discuss the substance of Articles because they are lengthy and time-limited. An omnibus legislation, on the other hand, takes longer to complete due to the increased number of content rules. Consequently, rather than satisfying public expectations, the government’s policy has been distilled into the omnibus bill plan. Meanwhile, the omnibus bill has thrust society to the forefront of the legislative agenda. To be completely frank, the efficacy and effectiveness with which legislative laws convey people’s desires dictates the quality of legislation. As a result, this article proposes amending the legislation governing legal development by introducing an omnibus law model appropriate for Indonesia’s legal democracy.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2021-07-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20508840.2021.1942374\",\"citationCount\":\"12\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2021.1942374\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2021.1942374","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Illiberal tendencies in Indonesian legislation: the case of the omnibus law on job creation
ABSTRACT For the first time in the country’s legislative history, the Indonesian Parliament passed an omnibus law on job creation. By incorporating multiple statutory provisions from different types of law into a single Act, the omnibus law heralded a new age of Indonesian legislation. The legislation model of the omnibus bill, on the other hand, has been heavily criticised, with venues including marches, demonstrations, social media messages, and academic discussion forums. The government’s new omnibus bill format for the Job Creation Law, according to this article, endangers Indonesia’s parliamentary democracy by tilting it toward illiberalism. In illiberal democracies, public engagement is often ignored. Parliament does not have enough time to discuss the substance of Articles because they are lengthy and time-limited. An omnibus legislation, on the other hand, takes longer to complete due to the increased number of content rules. Consequently, rather than satisfying public expectations, the government’s policy has been distilled into the omnibus bill plan. Meanwhile, the omnibus bill has thrust society to the forefront of the legislative agenda. To be completely frank, the efficacy and effectiveness with which legislative laws convey people’s desires dictates the quality of legislation. As a result, this article proposes amending the legislation governing legal development by introducing an omnibus law model appropriate for Indonesia’s legal democracy.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.