Omnibus Law as Investment Law Reform in Indonesia Based on the Hierarchy of Legislation Principles

Abstract

This paper aims to describe, understand and analyze the omnibus law as an investment law reform in Indonesia based on the hierarchical principle of laws and regulations. As for writing this article using normative legal research. In addition, the writing of this article uses a theoretical and juridical approach. The results of this study indicate that in the formation of the omnibus law as a rule that facilitates Indonesian investment, the hierarchical principle of laws and regulations applies. Then there is some urgency to form an omnibus law in the investment aspect. One of the theories of the welfare state that applies to Indonesia is the role of increasing the economy in the investment sector through the omnibus law in order to realize the mandate of the Indonesian constitution, namely to promote general welfare and as much as possible for the prosperity of the Indonesian people.

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

“…For this reason, there must be a resolution to agrarian conflicts prioritizing humanity. It is hoped that the application of progressive law will provide recommendations for resolving agrarian conflicts in Indonesia so that progress can be made from year to year in resolving agrarian conflicts actively resolved by the government (Sujono & Nugroho, 2023). The study results in the progressive law perspective provide legal considerations for agrarian conflict cases as progressive law aims at substantial justice without ignoring the provisions of positive law.…”

Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits

“…Progressive law adheres to formal bureaucratic procedural matters and substantive material. It must be remembered that this law is not necessarily free from existing regulations (Sujono & Nugroho, 2023). Instead, it collaborates with existing rules, but what is prioritized is sensitivity to behavior and the social impact of the law itself.…”

Implications of Case Resolution Mechanism Due to Press Coverage through Non-Litigation Channels

“…The Press Law mandates that cases resulting from press reporting be resolved through non-litigation channels or outside the court, but with the current settlement mechanism arrangements when looking at the regulations in the Press Law, there are problems where if interpreted more deeply, the language used in the Law shows that the out-of-court mechanism is actually not mandatory for the public to apply for the right to answer but is only an obligation for the press only (Vide Article 5 paragraph [2]) of the Press Law here is ambiguous (Ambivalent) because it only requires the press only and does not require the public to show the right to answer. In addition, the obligation to resolve cases due to press reporting through non-litigation channels is only explicitly stated to be Primum Remedium only in the SKB between the Press Council and the Indonesian National Police where the SKB is Beschikking, not regaling so that it has no legal force if reviewed based on Law Number 12 of 2011 concerning Hierarchy or Order of Laws and Regulations (Sujono & Nugroho, 2023).…”