Respond Positively to The Omnibus Bill

The government officially submits information to the public regarding the drafting of the omnibus law bill. The compilation of the draft omnibus law was submitted by President Joko Widodo in October during the presidential inauguration for the 2019-2024 period. At present, the draft law is an interesting conversation among the media and the public. Responding to an interesting issue that developed in the community, one of the National Television’s media, TVOne, discussed it in the Coffee Break Talkshow program. The TVOne Coffee Break Talkshow program takes place in TVOne’s studio, Gallery One Epicentrum Walk Kuningan, South Jakarta, which starts at 09.00 s.d. 09:30 WIB. One announcer hosted the Talkshow program as a moderator with the guest speaker Prof. Dr. H. Cecep Darmawan, S.Pd., SIP., SH., M.SI., MH (3/13/2020).

In the TVOne Coffee Break Talkshow Program,  the guest speaker Prof. Dr. H. Cecep Darmawan, S.Pd., SIP., SH., M.SI., MH as a professor of political science at Universitas Pendidikan Indonesia explained various matters related to the philosophy and substance of the omnibus law draft. The speaker also discussed the benefits and various roles and steps that must be taken by the government, the Parliament, and the public in addressing the development of the draft omnibus law.

Prof. Cecep Darmawan stated that this bill generally contains regulations with different contents, but simplified in one regulation in the form of laws. The draft law discusses taxation, the national health system, pharmaceuticals, and work copyrights. In the first stage of the formulation of the law, the government should pay attention to the role and involvement of the community in the formulation as part of public openness through dialogue with various related community components. In addition, the elements of the community that objected to this bill have to be wise in providing positive input to the government. Paying close attention to this draft, the government and the community component should prioritize the solution of the problem through a deliberate discussion that reflects democratic values ​​in the context of the formulation of this bill.

One of the government’s steps to translate the democratic values ​​in the formulation of this bill is by paying attention to aspects of public openness. The drafting team should be able to start by conducting a public hearing or other activity that encourages participation from the community component to strengthen the substance aspect.  This is because the substance in the formulation of a bill must be based on philosophical, juridical, and sociological grounds. This draft law has a substantial role and benefits for the community. One of them is to encourage harmony in legislation and are expected not to collide with each other. In addition, this draft law has benefits and advantages, one of which is to make regulations to avoid colliding one regulation with another.

Substantially, the draft must emphasize the balance between rights and obligation. The draft should regulate the balance between the rights and obligations of the citizens and reflect it with the democratic principles. From a formal and material perspective, the substance of the articles has to be oriented towards community protection. The drafted law must prioritize the nation’s interests. Of course, the tip of the law made is to how the law made the people prosperous and should not be discriminatory. This bill should provide benefits to all of the parties, especially the society.

In the last session of the talk show, the speakers discussed the position of the legal product from the draft omnibus law. Legally, the status of this omnibus law bill must refer to the Undang-Undang Republik Indonesia Number 12 of 2011 concerning the Formation of Legislation. If this omnibus bill has established, then this law can revoke and replace the regulations under it. Besides, this law is also a parent in the relevant regulations. Several countries have succeeded in implementing this law. Nevertheless, in addition to the benefits and advantages of this regulation, several essential things that must be considered are the processes and procedures for its formation. In the future, whatever regulations prepared by the government, especially the draft omnibus law, it must be an engineer in the national development. This regulation must be at the forefront of opening access to other sectors. The government must always be careful in the process of drafting the regulation, and it can also fulfill the principles of democracy for the good of the nation’s people’s welfare and development progress (YS)