Politics of Omnibus Law

The discourse on the omnibus law, which originally aimed only at improving the investment climate and employment, has now expanded into the political field.

KOMPAS/ALIF ICHWAN

House of Representatives (DPR) Speaker Puan Maharani (center) shakes hand with Finance Minister Sri Mulyani (left), witnessed by DPR Deputy Speaker Sufmi Dasco Ahmad (right), after holding a consultation meeting at the Special Committee B, Senayan Legislative Complex, Jakarta, Monday (16/12/2019).

The Home Ministry introduced the omnibus law to simplify the political system. Bahtiar, the acting director general of politics and general government, announced the plan as cited in Kompas on 2 Jan. 2020. Bahtiar said that the government and the House of Representatives would simplify the political and governmental system by combining a number of laws in the omnibus law. In addition to state budget savings, the omnibus law would ensure that the best leaders would emerge under a measurable electoral process.

The omnibus law is more widely known in the common law systems of the United States and Australia, while Indonesia has a civil law system. The idea for the omnibus law was introduced by President Joko Widodo, who had previously introduced the concept of the Nawacita (nine-point) program, at the 2019 General Session of the People’s Consultative Assembly (MPR). Since then, the discourse over the omnibus law has become a new political magnet, similar to the “mental revolution” rhetoric.

The omnibus law, which initially focused on the economy through laws on job creation, small, medium and micro enterprises and taxation, has increasingly begin to spread into the political arena. The basic spirit of the omnibus law is to overcome overregulation in the Indonesian legal system. There are signs or perhaps even a belief that the legal system developed as a consensus of a democratic state is considered an obstacle to realizing the goals of the political elite.

Justice is nothing other than the advantage of the stronger.’ As for those who are weak, the law is powerless to defend.

We urge the government and the political elite to return to the spirit of the Constitution. The nation has a social contract to develop Indonesia into a state with a system of democratic law, with Pancasila as the source of all laws. Laws are made to prevent the rise of new authoritarianism and potential abuse of power.

The absence of good leaders is not due solely to a design mistake in the electoral system. Good leaders will emerge in a responsible party recruitment system and a political system that is free of corruption and nepotism. Party reform is the answer. The regional elections have historically given birth to local leaders who use their power for the public interest, and not the interests of the oligarchy.

The duty of the government and the House of Representatives (DPR) is to simplify the political system. However, the process in getting there must not deny public participation. The people still own sovereignty in this country, and seizing the people\'s sovereignty and depriving civil freedoms should never be an option.

To quote Thrasymachus’ advice as cited in Politics Ethics and Power by Haryatmoko: "‘Justice is nothing other than the advantage of the stronger.’ As for those who are weak, the law is powerless to defend."