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Desi Ayuherma Anugrah; I Dewa Gede Herman Yudiawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes normative conflicts in the evolution of local government regulations from Law No. 22 of 1999 to Law No. 23 of 2014, along with the changes following the Job Creation Law. The research background is grounded in the phenomenon of policy pendulum swings, which indicate a shift from radical decentralization toward structured centralization, as well as the disruptions caused by the omnibus law approach. The research aims to identify and classify vertical and horizontal normative conflicts and formulate recommendations for regulatory harmonization. The method used is normative legal research with a legislative and conceptual approach, employing Hans Kelsen’s theory of antinomy as an analytical tool. The research findings identified two main forms of normative conflict: first, a vertical conflict between Law No. 22/1999, which advocates for the broadest possible autonomy, and Law No. 23/2014, which strengthens central control through the concepts of absolute affairs and NSPK, creating a paradox of centralization within decentralization. Second, a horizontal conflict following the Job Creation Law, which centralizes regional licensing authority through the OSS system and revives Article 251 regarding the annulment of regional regulations that have been declared unconstitutional by the Constitutional Court. The implications of this research recommend revising problematic articles and strengthening the role of regions within a just decentralization system.

Desi Ayuherma Anugrah; Dewa Gede Herman Yudiawan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes normative conflicts in the evolution of local government regulations from Law No. 22 of 1999 to Law No. 23 of 2014, along with the changes following the Job Creation Law. The research background is grounded in the phenomenon of policy pendulum swings, which indicate a shift from radical decentralization toward structured centralization, as well as the disruptions caused by the omnibus law approach. The research aims to identify and classify vertical and horizontal normative conflicts and formulate recommendations for regulatory harmonization. The method used is normative legal research with a legislative and conceptual approach, employing Hans Kelsen’s theory of antinomy as an analytical tool. The research findings identified two main forms of normative conflict: first, a vertical conflict between Law No. 22/1999, which advocates for the broadest possible autonomy, and Law No. 23/2014, which strengthens central control through the concepts of absolute affairs and NSPK, creating a paradox of centralization within decentralization. Second, a horizontal conflict following the Job Creation Law, which centralizes regional licensing authority through the OSS system and revives Article 251 regarding the annulment of regional regulations that have been declared unconstitutional by the Constitutional Court. The implications of this research recommend revising problematic articles and strengthening the role of regions within a just decentralization system.

Natasya Dwi Nanda

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The licensing of clinics and hospitals is crucial for achieving quality and equitable healthcare in Indonesia. The legal framework, including the 2009 Health Law and the 2020 Omnibus Law, has introduced a risk-based approach via the Online Single Submission (OSS) system to streamline the process. However, significant challenges remain. These include bureaucratic complexity, inconsistent regional regulations due to autonomy, lack of data integration between institutions, and high accreditation costs. These barriers particularly hinder small investors and limit the distribution of healthcare facilities in remote areas. Recent reforms, such as the National Digital Public Service Mall (MPP Digital), aim to address these issues by reducing licensing time to under one hour, thereby boosting transparency and efficiency. Despite this progress, unresolved issues concerning patient data privacy, the uneven distribution of medical personnel, and conflicting environmental regulations still need harmonization. To foster inclusive investment and support the 2030 Universal Health Coverage (UHC) goals, this research proposes key solutions: implementing fiscal incentives, adopting AI technology for verification, and strengthening public-private partnerships. With these targeted reforms, the licensing system can become a powerful driver for better healthcare access and sectoral growth.

Aslihatin Zuliana; Iwan Erar Joesoef; Suherman Suherman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the legal validity of direct appointment construction consultancy contracts between state-owned enterprises and their subsidiaries following the implementation of Indonesia's Job Creation Law. The research addresses critical questions regarding the formal legal mechanisms governing long-term unit-price framework agreements and their continued enforceability under amended procurement regulations. Employing a normative-jurisprudential methodology, the study systematically analyzes primary legal sources, including statutory provisions, government regulations, and corporate governance frameworks, alongside secondary legal materials and doctrinal commentaries. The analysis reveals that pre-Omnibus Law direct appointments complied with civil law contract validity requirements and sector-specific procurement regulations under Law No. 2/2017. Transitional provisions and the non-retroactivity principle preserved the enforceability of framework agreements executed prior to the Job Creation Law's enactment, while administrative amendments extending contract terms remained lawful under existing civil code provisions. The study demonstrates that direct appointment mechanisms achieve legal justification through constitutional mandates and legislative hierarchy, while providing utilitarian benefits through enhanced procurement efficiency and deployment of specialized technical expertise. The findings contribute to scholarly discourse on state-owned enterprise governance by elucidating how omnibus legislative reforms interact with contract doctrine and corporate governance norms, emphasizing the critical importance of robust conflict-of-interest safeguards in preventing procedural formalism from overshadowing substantive public interest outcomes.

Iqbal A’zhmi; Muhammad Fauzan; Andin Hermawan; Muhammad Ziddan Hidayat; M Abdul Qadir Al Khair

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The construction of houses in river border areas is a complex issue involving legal, environmental, and spatial planning aspects. River borders are protected zones designated to maintain the ecological function of rivers and to mitigate disaster risks. In Indonesia, development in these areas is regulated through various legal instruments, including Government Regulation No. 38 of 2011 and the OSS RBA (Online Single Submission Risk-Based Approach) system. Local governments play a strategic role in spatial planning, granting permits, conducting supervision, and enforcing the law. However, significant challenges persist, such as inadequate spatial data, weak integration between local and central information systems, and socio-political pressures that influence decision-making. Furthermore, overlapping authorities between central and local governments after the Omnibus Law have further complicated the permitting and monitoring processes. A case study in Tanah Laut Regency reveals that negligence in issuing permits can lead to environmental degradation. Therefore, cross-sector collaboration, strengthened human resource capacity, and policy harmonization between central and local governments are essential. The implementation of a fair, transparent, and risk-based permitting system is key to protecting river border zones and achieving sustainable development that aligns with public interests and environmental preservation.

Maryanto Maryanto; Handar Subhandi Bakhtiar; Muthia Sakti

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The comparison of health law between Indonesia andMalaysia covers critical aspects of the healthcare system that influence the quality of life of their citizens. This study primarily focuses on occupational health and safety (OHS) for healthcare workers. According to global data, Malaysia has a better healthcare system compared to Indonesia, as reflected in its higher ranking on the Health Care Index. In Indonesia,health law regulations often undergo changes and revisions,such as the enactment of the Omnibus Law, which consolidates various health sector regulations. However, this has raised concerns about the diminishing legal protection for healthcare workers. In contrast, Malaysia presents a more structured system, with the integration of health and labor institutions through the Department of Occupational Safety And Health (DOSH), which ensures better workplace safety and clearer standards. This research adopts a descriptive qualitative approach by analyzing legal documents such as Law Number 17 of 2023 on Health in Indonesia and the Occupational Safety and Health Act in Malaysia. The Malaysian approach is more preventive and promotive in nature, differing from Indonesia’s curative-dominated model. The study aims to compare the legal health regulations of both countries, assess their implementation effectiveness, and offer policy recommendations based on best practices applied inMalaysia to improve the quality of healthcare services inIndonesia. The findings reveal that although Indonesia has significant potential in the health sector, weak regulation implementation and supervision remain major obstacles. Therefore, a more structured and efficient regulatory reform is needed to enhance legal protection for healthcare workers and improve health services.

Ahmad Muhamad Mustain Nasoha; Muhammad Syauqi; Jhovan Eko Saputra; Abdul Adzim Hilmi Ahmad

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Land law politics in Indonesia plays a crucial role in realizing social justice and sustainable development through fair and sustainable management of agrarian resources. The primary legal foundation governing land matters is Law No. 5 of 1960 on Basic Agrarian Principles (UU Pokok Agraria), which asserts that all land, water, and air spaces are controlled by the state and utilized to the greatest extent for the welfare of the people. However, the implementation of land law politics faces significant challenges, including disparities in land distribution, agrarian conflicts, and misalignment between central and regional policies. Policy changes, such as the introduction of Land Management Rights and Land Banks through the Omnibus Law, add complexity and raise questions about their alignment with UU Pokok Agraria's fundamental principles. Resolving land disputes also becomes a critical issue, necessitating effective and inclusive legal mechanisms. Therefore, comprehensive reform in land law politics is required, encompassing regulatory harmonization, consistent law enforcement, and active public participation, to ensure fair and sustainable land management for the welfare of the people.

Hasim Sukamto; Hulman Panjaitan; Paltiada Saragi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Foreign direct investment (FDI) has a strategic role in Indonesia's economic development. However, the realization of foreign investment is not free from challenges related to legal certainty and protection. This study aims to analyze legal protection for foreign investors in Indonesia, both in terms of applicable legal norms and from the aspect of implementation in the field. Through a literature review, information was collected from various sources in the form of journals, articles, and relevant laws and regulations to gain a broad understanding of legal protection for foreign investors at the normative and implementation levels in Indonesia. The results of the study indicate that Indonesian laws and regulations, especially Law No. 25/2007 concerning Investment, various Bilateral Investment Treaties (BITs), and FTAs ​​provide a comprehensive legal protection framework for foreign investors. In the field, legal uncertainty still arises due to overlapping regulations, frequent policy changes, and different interpretations between institutions. Slow and less transparent licensing bureaucracy, as well as the risk of extortion practices, reduce the attractiveness of investment. Reform efforts such as simplifying licensing through OSS, establishing BKPM as a one-stop shop, and ratifying the Omnibus Law on Job Creation have shown progress in increasing certainty and ease of investment.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Muslimah; Rana Inas Zahira; Dina Setiana Pratiwi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

Fuji Syifa Safari; Satriya Nugraha; Vicka Prama Wulandari; Yolita Elgeriza Agustin; Claudia Yuni Pramita

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 13 of 2022, concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation, is a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation. However, during its formation process, Law Number 13 of 2022 can be considered as not meeting the criteria of an open cumulative law due to the Constitutional Court's decision. It is viewed as a tool to legitimize the flawed legislative process that followed the Court's ruling on Law Number 11 of 2020. The method used in this analysis is normative juridical, applying a statutory approach. The results of this research indicate that the reconstruction of substantive content using the omnibus law method in Law Number 13 of 2022 does not align with regulatory governance in Indonesia, which remains characterized by overlapping regulations—both horizontally and vertically—and is irrelevant to the existing decentralization system. The establishment of a National Regulatory Agency (BRN) is proposed as a constructive solution to ensure that the quality of academic drafts, methods, and regulatory content is thoroughly examined for feasibility, thereby creating a national regulatory system that is high quality, orderly, and optimal.

Made Raditya Mahardika

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

, Currently medical tourism or commonly known as health tourism is becoming a trend in the world of tourism. The regulations regarding medical tourism in Indonesia were regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 76 of 2015 concerning Medical Tourism Services. The purpose of this paper is to examine the opportunities and challenges of medical tourism from an Indonesian legal perspective. The method for achieving this goal was normative legal research method. The results of the analysis showed that opportunities for medical tourism in the perspective of Indonesian law, namely Indonesian health regulations do not affect medical tourism behavior through health needs, external environment: government regulations on health tourism and health tourism agents, the implementation of medical tourism hospitals in Indonesia has not run optimally, PMK Number 76 of 2015 regarding Medical Tourism Services as a legal umbrella providing opportunities for medical tourism, plans to develop medical tourism in Indonesia are contained in Law No. 07 of 2017, and Pp No. 02 of 2015, simplification of medical tourism regulations (Perkonsil) No. 92 of 2021, PMK No. 67 of 2013, the medical tourism policy has been updated to empower medical tourism: KP No. 31 of 1998, Law No. 32 of 2004, PMK of the Republic of Indonesia Number 317/MENKES/PER/III/2010. The challenges of medical tourism from an Indonesian legal perspective: no legal accreditation framework and guidelines for emergency clinics, foreign investors must be aware that Indonesia has a series of regulations and restrictions relating to its health industry, the challenges of medical tourism in Indonesia also arise from reflecting on the perspective of state law neighbors, malpractice law in developing countries is weak, in Indonesia developments in the field of law are still not seen as a medium to change the order of people’s lives, medical tourism has cross-border litigation challenges. The health omnibus law as a national legal policy with the hope of achieving the goal of increasing the public health hierarchy in Indonesia was a challenge as well as the best opportunity in the future.  

Jaury Douglas Pardomuan; Handoyo Prasetyo

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In carrying out their duties, general practitioners have limitations both in terms of knowledge and medical facilities they possess. Furthermore, based on the Omnibus Health Law 2023, there are regulations that govern general practitioners regarding the medical procedures they can and cannot perform. Several articles that regulate referral issues are Article 19, Article 32, Article 189, and Article 360. Meanwhile, the regulation regarding specialist doctors is listed in Articles 233-235. However, it is important to emphasize that the authority of specialist doctors and general practitioners is not directly regulated in the Omnibus Law. Thus, the study that can be conducted is an interpretative study that compares it simultaneously with similar legal products. Other references that can be used are Presidential Regulation no. 31 of 2019 and Minister of Health Regulation no. 36 of 2019. Based on a comparative study and judicial analysis of the Omnibus Health Law 2023, specialist doctors have their own independence, and therefore, if they delegate authority to general practitioners, it is guaranteed by the law, including the Omnibus Health Law 2023, especially because the Omnibus Health Law 2023 opens up flexibility for specialist doctors to practice. If delegation occurs, general practitioners can be legally protected as long as the basis for this delegation is emergency for patient safety, secondly is the delegation of authority to ensure patient safety, and thirdly is part of the education for specialist doctors. Although not explicitly stated, these implications are strongly implied in the articles mentioned in the Omnibus Health Law. Nevertheless, there are certain limits that specialist doctors must follow to ensure that patients' rights are well protected, and in the future, there needs to be a strengthening of regulations so that both general practitioners and specialist doctors do not face criminalization.

Muhammad Anwar Ibrahim; Irwan Triadi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Investment is one of the ways Indonesia can develop economic growth to realise a golden Indonesia by becoming the fifth largest economic power in the world. With that, Indonesia needs to regulate and make regulations that can facilitate investment by making the Job Creation Law. With the birth of the work copyright law by concocting, combining, deleting and changing several laws into one form of applicable law, namely omnibus law. Thus I conducted research through a normative juridical approach based on primary legal materials by using statutory materials and conceptual approaches by tracing legal materials using analytical study techniques and quantitative studies. From the results of the study found that the copyright law relating to environmental permits did not result in changes and is still relevant to the previous rules. Then the changes that occur only relate to environmental approval which is facilitated in order to simplify environmental licensing by integrating with the licensing system also strengthens the law indirectly.  

Adelia Setya Ayu; Yudho Taruno Muryanto

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

In the era of industrial revolution 4.0, the whole world is experiencing very rapid development. This industrial revolution was the driving force for the creation of globalization which influenced many aspects of life. The era of information technology places human life in the midst of rapid technological developments. Technological advances have also brought changes to the legal system in Indonesia. The Indonesian legal system follows the civil law legal system and has undergone adjustments to apply the existing legal system in countries that adhere to the common law legal system. This is clearly seen with the Omnibus Law which aims to simplify regulations to make it easier for business entities to apply for permits to open their businesses in Indonesia and increase investment in the country. Technological changes in the industrial revolution era have brought changes to the Indonesian legal system with the implementation of different legal systems to answer the challenges of this industrial era.

Diah Anggraeni Novitasari; Kunarto Kunarto

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The law’s rules that set about the employment in Indonesia run into many problems which have an impact to the imbalance investment in Indonesia. To increase the investment, the DPR formed Law No. 11 of 2020 that concerning job creation which simplifies and give the rules details that related with the employment by using the omnibus law technique. Throw back to the year before, the laws that contains about the employment has been created through Law No. 13 of 2013 that has been simplified from six ordinances and nine related laws. But in the implementation, Law No. 13 of 2013 has been acommodated many interests and spent a lot of time and money. Comparing with the Law No. 11 of 2020 about the job creation, discussion regarding the laws did not spend a lot of time because it already planned by several part which is when the laws has been released raises a lot of judicial riview.    

Puja, Ni Nyoman Asti Irawati

DINAMIKA HUKUM 2023 Universitas Stikubank

The existence regulations is crucial and important in Indonesia as a legal state that adheres to the civil law ,where in this system the highest position is a constitution. Pancasila and the 1945 NRI Law are fundamental guidelines in making laws and regulations.The principle is the basic guideline that must be fulfilled so that later the legal product results, namely the laws and regulations that are produced are good, ideal, and worthy of enactment. President Joko Widodo working with the DPR as legislature-forming institution to make a law in a different way, namely by repealing and/or amending several provisions of the law at once using the omnibus law method. There is a legal issue where in forming a law one must comply with the principles of forming statutory regulations, both formal and material principles. In this research, we will discuss how to fulfill formal and material principles in the formation of laws in Indonesia using the omnibus law method?. The results of the discussion in this writing are that the fulfillment of the formal and material principles of the law adopting the omnibus law method must be based on the principles stipulated in Article 5 of Law 13 of 2022.

Geofani Milthree Saragih

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

Menjelang akhir tahun 2019 yang lalu, muncul suatu peristilahan yang asing dikalangan teoritisi maupun praktisi hukum di Indonesia secara umum, yaitu Omnibus Law. Peristilahan tersebut mulai muncul sejak pidato yang disampaikan oleh Presiden Jokowi dalam kesempatan pidato di sidang paripurna Majelis Permusyawaratan Rakyat (MPR) pada tanggal 20 Oktober 2021 dalam rangka pelantikan Presiden dan Wakil Presiden terpilih periode 2019-2024. Pada intinya, Presiden Jokowi mengajak kerja sama kepada DPR dalam rangka mengesahkan Undang-Undang Cipta Kerja dengan menggunakan metode Omnibus Law. Perkembangan dari penerapan penggunakan metode Omnibus Law ini menjadi polemik, karena tidak dikenal di dalam hukum positif Indonesia. Banyak desakan dari berbagai golongan untuk menolak pemberlakuan UU Cipta Kerja tersebut karena dianggap melanggar hak-hak asasi manusia. namun pada faktanya, undang-undang tersebut tetap berlaku. Beberapa waktu yang lalu, UU Cipta Kerja telah diputus inkonstitusional bersyarat oleh Mahkamah Konstitusi berdasarkan Putusan Mahkamah Konstitusi Nomor 91/PUU-XVII/2020. Yang pada intinya putusan Mahkamah Konstitusi tersebut mengarahkan agar pemerintah memperbaiki UU Cipta Kerja selama dua tahun kedepan, dan akan otomatis tidak berlaku apabila dalam jangka waktu dua tahun tidak ada perubahan. Peneliti akan menganalisis, bagaimana paradigma yang digunakan oleh pemerintah dikaitkan dengan teori Jhon Austin yaitu positif analitis (analytical jurisprudence).

Heru Budi Utoyo; Mashari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

Tujuan penelitian ini untuk menganalisa pengaruh undang - undang cipta kerja  (Omnibus Law) bagi pekerja/buruh dalam hubungan kerja diperusahaan metode penelitian yang digunakan yuridis empiris yaitu pendekatan yang dilakukan dengan mempelajari hukum dalam kenyataan baik berupa sikap , penilaian , perilaku ,yang berkaitan dengan masalah yang diteliti dan yang dilakukan dengan penelitian lapangan. Sumber data utamanya adalah data primer dan data sekunder sebagai data penunjang metode Analisa yang digunakan dikriptif kualitatif. Hasil penelitian ; Lahirnya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja menuai pro dan kontra dari berbagai kelompok masyarakat, salah satunya kelompok pekerja/buruh yang terus menerus melakukan penolakan dari proses rancangan undang-undang (RUU) dalam bentuk Omnibus Law hingga sudah disahkan menjadi Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja. Pihak pekerja/buruh berpendapat bahwa Undang-Undang Cipta Kerja yang dikemas dalam bentuk Omnibus Law ini syarat kepentingan pemilik modal dan telah merugikan kepentingan pekerja/buruh, bahkan dapat dikatakan telah mendegradasi kesejahteraan dan perlindungan bagi pekerja/buruh. Undang-Undang Cipta Kerja lebih fokus terhadap tujuan peningkatan ekonomi Nasional namun telah mengabaikan peningkatan kompetensi dan sumberdaya manusia. Konsep Omnibus Law tidak lepas adanya kepentingan politik untuk merubah tatanan hukum ketenagakerjaan yang sudah ada, sehingga implementasi Undang-Undang Cipta Kerja (Omnibus Law) akan berdampak terhadap hubungan kerja antara pengusaha dan pekerja di dalam perusahaan.