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Was it just me or who else missed the omnibus?
Omnibus laws can change the behavior of government and politics and can contribute to the strengthening of democracy — quite contrary to the viewpoint of many critics of the omnibus laws to date.
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Workers organized under the Confederation of Indonesian Trade Unions (KSPI) hold a rally against the omnibus bill on job creation in front of the House of Representatives building, in Senayan, Jakarta, on Feb. 12. (JP/Dhoni Setiawan)
L
ast October, we heard there would soon be omnibus laws. I am no lawyer but, well, a little bit familiar with legislation. I had one view of what an omnibus law meant and wrote to a number of people whom I thought might appreciate my view.
Then, early February I heard that the first bill had already been submitted to the House of Representatives as a government regulation in lieu of law (Perppu) and the second would soon follow. Ah, I said to my friends, I missed the bus.
But then, my friends sent me a copy of the first bill. And it is not at all what I thought it would be. It is apparent that the accepted definition of an omnibus law is merely a law covering a wide range of issues. The purpose is admirable and the speed at which it has been achieved remarkable. So, congratulations to all. But it has not eliminated and replaced the many laws, just amended them. It has involved different ministries and will involve several House commissions, but it has not changed the culture of the way either the government or the House prepare laws.
Back in 2009, I worked with the School of Law of the University of Indonesia (FHUI) advising the Regional Representatives Council (DPD).
We were helping councillors on new draft laws on regional governments and villages. We observed how every time the House agreed with the government to create a new region, they passed a new law.
Harsanto Nursadi of FHUI and I proposed that there should be one draft law on the way Indonesia is divided into provinces and provinces divided into regencies and cities, using the wording of Article 18 (1) of the Constitution. If our idea had been adopted, every time a new region was to be formed, the law would be revised to change in just a little way regarding how the country is divided into regions.
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