AKOMODIR METODE OMNIBUS DALAM PENYUSUNAN PERATURAN PERUNDANG- UNDANGAN: TINJAUAN TERHADAP UNDANG-UNDANG NOMOR 13 TAHUN 2022 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

Abstract

The Constitutional Court gave time for legislators (DPR together with the Government) to make improvements within two years. By the Constitutional Court, if within two years no corrections are made, then the law which is controversial both in terms of method and substance will become permanently unconstitutional. The Constitutional Court's decision was very clear and clearly ordered the legislators to revise the Job Creation Law because it was considered that the process for its formation was problematic. Instead of the DPR and the Government making improvements to the Job Creation Law, what they did was actually revising Law no. 12 of 2022 concerning Forming Legislation which has been amended by Law no. 15 of 2019 (UU P3). As a result, on June 16 2022 the "limited" revision of Law P3 was established with the promulgation of Law 13/2022. This law is seen as paving the way for the omnibus method which has not been regulated in UU P3. The purpose of this research is to describe and analyze the problems of forming laws and regulations using the omnibus law method. While the research method used is the normative legal research method, namely legal research conducted by examining literature or secondary data as the basis for research by conducting a search of regulations related to the subject matter. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior, so that normative legal research focuses on inventorying positive law, legal principles and doctrine, legal discovery in in concreto cases, legal systematics, level of synchronization law, comparative law and legal history