The Omnibus Law on Job Creation and Pancasila as the Legal Ideology in Indonesia

Abstract

Pancasila is used as a paradigm in law in Indonesia. As a legal development paradigm, Pancasila requires that development in society be the starting point for the existence of a legal product. The purpose of this study is that to explore the value of Pancasila as a Legal Development Paradigm and its implementation in the Omnibus Law On Job Creation. This research method uses the normative method. The result of this research is that Pancasila in the prevailing statutory regulations is the Grud norm which will cover the entire contents of the Constitution. The Omnibus Law Law on job creation is intended as a law made to revoke or change several laws at once. Thus, the omnibus Law that is made is a new legal model or a new paradigm in legislation in Indonesia.

A sustainability review on the Indonesian job creation law

“…Worker unions and environmental activists protested that the law formulation procedure did not adhere to the openness and public participation principles of law-making stated in Law Number 12/2011 on Law and Regulation Creation [ 5 ]. This process also deviated from the Indonesian legal system, which requires expert input in the creation of law [ 4 , 6 ]. Under one of the values of Pancasila, The five principles that represent Indonesia's ideology, any plan concerning public interest must be made through a consultation phase and thorough discussions involving all relevant stakeholders Another controversy is related to the labor law cluster.…”

“…All of the above scholars noted the lack of studies on the legal aspect of spatial planning in JCL, despite that it is an integral part of environmental management in Indonesia. Research on JCL is mostly done from the legal perspective, such as in Iwan et al [ 6 ], Lumbanraja [ 8 ], Samawati and Sari [ 5 ], and Sihombing and Hamid [ 4 ]. Under the environmental umbrella topic, Ng and Jye [ 2 ] discussed the importance of a shift to renewable energy in Indonesia.…”