Confidence in Omnibus Law Hits Low

KOMPAS/HERU SRI KUMORO

President Joko Widodo and Vice President Ma\'ruf Amin head a limited meeting on Wednesday (15/1/2020) to discuss the omnibus bill on job creation and the omnibus bill on taxation at the Presidential Office in Jakarta.

JAKARTA, KOMPAS — The public still believed at the end of the first four months of the Joko “Jokowi” Widodo-Ma\'ruf Amin administration that the government could achieve its five priority programs: human resource development, infrastructure development, deregulation, bureaucratic simplification, and economic transformation.

However, compared to the other four programs, public confidence is the lowest in deregulation through the omnibus law. This could be caused by the government’s lack of transparency in publicizing the draft omnibus bill, particularly the omnibus bill on job creation. It is feared that the lack of transparency could cause misunderstandings among the public about the bill’s substance.

The Kompas R&D telephone survey on 29-30 Jan. 2020, which involved 532 respondents in 17 major cities, showed that 78 percent of respondents believed that the infrastructure program would fulfill its goals, which 20.1 percent of respondents said they were unsure and 1.9 percent either said they did not know or did not provide a response. As many as 81.6 percent of respondents believed that Indonesia would transform into a modern industrial country, while 67.7 percent expressed confidence that the government would resolve the human resource issue.

Regarding bureaucratic simplification, 59 percent of respondents believed the program would be completed as planned. However, regarding deregulation, only 54.9 percent of respondents were confident that the government could realize the omnibus law as intended.

The survey also found that 64.1 percent of respondents agreed with the plan to compile 75 laws into the omnibus law.

The survey also found that 64.1 percent of respondents agreed with the plan to compile 75 laws into the omnibus law. However, 76.9 percent of respondents said they were unaware of the government\'s plan to issue an omnibus law. The government is presently drafting three omnibus laws on job creation, taxation and the new capital city.

President Jokowi said on Wednesday in Jakarta that the omnibus law on job creation was intended to attract investment. New jobs could be created only with new investment, both domestic and foreign. The President therefore asked all parties to take a clear look at the content and objectives of the omnibus law.

Jokowi continued that rigid regulation could prolong the decision-making process, which needed to be fast because the world was changing rapidly.

KOMPAS/TOTOK WIJAYANTO

Workers stage a demonstration against the draft omnibus bill on job creation outside the House of Representatives on Monday (20/1/2020) in Jakarta, claiming that the bill would scrap severance pay and minimum wage while making it easier for employers to fire workers.

Secrecy

Indonesia Ombudsman commissioner Alamsyah Siregar said the government had closed the ongoing process of drafting the omnibus bill on job creation to the public as well as to other state institutions, including the Ombudsman.

The Ombudsman wrote to the Office of the Coordinating Economic Minister, requesting an explanation and discussion on the substance of the omnibus bill on job creation. However, the request was rejected on the grounds that the draft bill had yet to be discussed with the President.

Alamsyah said that the government’s secrecy surrounding the omnibus bill on job creation was evident in the requirement that all members of the task force drafting the bill sign a non-disclosure agreement (NDA). The task force, which consists of 127 businessmen, academics and government officials, was formed by the Office of the Coordinating Economic Minister.

Alamsyah learned about the NDA when a member of the task force visited the Ombudsman to consult on the procedures for discussing the bill. "He came to ask if it was right for him to sign [the NDA]. He felt that his [freedom was being restricted] and was afraid to imagine the consequences [...] when discussing the bill with the public," said Alamsyah.

Several members of the House of Representatives (DPR) also encountered difficulties in accessing the academic text and the draft omnibus bill on job creation. Although it was on the 2020 Prolegnas (National Legislation Program), neither document had been submitted to the DPR. The House had just received a presidential letter instructing the relevant ministers to discuss the bill with lawmakers. "No draft [bill] has been submitted. We are also waiting. There is no time frame. What is important is that it should [be completed] this year," said House Legislation Body chair Supratman Andi Agtas from the Gerindra faction.

If the discussion is closed [to the public], it is feared that the deregulation program would be difficult to achieve due to a lack of public support and trust.

Bayu Dwi Anggono, the director of the University of Jember’s Center for Pancasila and Constitutional Studies, said that according to Law No. 15/2019 on legislation, the academic texts and drafts of the proposed law must be disseminated. The aim was to provide information and gather feedback from the public and other stakeholders. A closed-door discussion would have a negative impact because it could lead to public misunderstandings regarding the substance of the proposed law. “If the discussion is closed [to the public], it is feared that the deregulation program would be difficult to achieve due to a lack of public support and trust," he said.

Vice President Ma\'ruf Amin acknowledged that many parties were in the dark about the omnibus bill on job creation. "The bill has not been disseminated to the public because it is still under discussion, the draft is being prepared. The later discussion at the DPR will be open," he said.

Presidential spokesman Fadjroel Rachman said the government would submit the omnibus bill on job creation to the DPR in the next few days, along with a presidential introduction, and that the draft would be made available to the public then. Fadjroel also emphasized that several misleading issues related to the draft bill were developing among the public. (LAS/REK/AGE/NTA/INA)