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OMNIBUS LAW: A REAL FORM OF LAW NO LONGER FUNCTIONING AS AN EXECUTOR OF THE PEOPLE'S WILL

FITRIA NADIN WULANDARI

So what exactly is the Omnibus Law?

Why is everyone across Indonesia suddenly making the same noise? Well, the Omnibus Law is a new regulation made to replace previous regulations and to govern many matters in a single law. Once the Omnibus Law is enacted, it becomes the sole reference that overrides the laws that existed before. That is why it is so powerful. For further details, please consult the many trustworthy sources on the Internet, as I am sure they are not hard to find.

On Monday (05/10/2020), the Job Creation Law was officially passed by the DPR (House of Representatives) as a law. The deliberation of the Job Creation Bill by the government and the DPR was remarkably swift compared with other bills. The deliberations were rushed through by day, by night and even late into the night, despite the pandemic. The Job Creation Bill is only one part of the Omnibus Law, but the Omnibus Law on Job Creation became the bill that drew the most public attention because it contains many controversial articles and, in the view of labour unions, serves only the interests of investors.

            Yet almost every group, from workers, mass organisations, legal experts, students, activists and journalists to others, rejected this Omnibus Law Bill, but its deliberation went smoothly without listening to the voice of the people. To borrow a quote from Widji Thukul, a human rights activist in the New Order era:

“ When a proposal is rejected without being weighed. When voices are silenced and criticism is banned without reason. Accused of subversion and of disturbing security. Then there is only one word: RESIST!” –Widji Thukul

            Looking back, the DPR has often angered the people. From the regional elections and the RUU PKS (Sexual Violence Eradication Bill) to the passing of this Omnibus Law Bill now, it has clearly made the public angry because the government is unwilling to hear the voices and aspirations of the people. The DPR should perform its function as the people's representative, siding with the people and not only with a handful of persons. Still, it is truly heartening to see almost every element of society united in rejecting the Omnibus Law Bill; it means we still care for one another as fellow Indonesians. Alongside it are feelings of disappointment, anger, frustration and other mixed emotions that I believe are felt by everyone affected, except investors in coal, palm oil and similar businesses.

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