Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Making Legislation Through Omnibus as a Fast Way in Era 5.0

Tomy Michael
Doctoral in hermeneutic law. Universitas 17 Agustus 1945 Surabaya.
Keywords: legislation; omnibus; state.

Abstract

Objective:  The objective of this study is to examine the omnibus method in Indonesia in forming laws and regulations.Theoretical framework:  There have been many studies related to omnibuses as a method for forming laws and regulations. But this research offers the novelty of 5.0 technology which indirectly supports the omnibus method in forming laws and regulations. It is this novelty that makes the omnibus method the best way out.Method: In this study of thought, it uses an approach in legal science that prioritizes legal hermeneutics. The reason for using legal hermeneutics is because it is the best way to provide the best legal settlement. Legal hermeneutics is also supported by normative research but not always based on written laws and regulations but there is a combination with the thoughts of legal figures. Hermeneutics is a science or theory of interpretation to explain texts and their characteristics, both objectively (the grammatical meaning of words and their various historical variations) and subjectively (the author's intent). Legal hermeneutics according to Abou El-Fadl is more inter- and multidisciplinary in nature, involving various approaches, such as linguistics, interpretive social sciences, and literary criticismResults and Conclusions: Indonesia was late in passing the law governing the use of the omnibus method because previously the work copyright law was formed based on an urgent need.Implications of the research: Researchers suggest that technological developments must be followed by the establishment of practical laws and regulations without leaving their legal characteristics.Originality/value: In overcoming technology in the 5.0 era, a country must have the same understanding, especially in legislative power in producing laws. This also becomes the executive power so that in making approval it uses its power which comes from the trias politica to further examine the draft law.

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