HumasUPNVJ - Constitutional Law Expert who is also a Lecturer at the UPN Veterans Jakarta Faculty of Law, Wicipto Setiadi gave a scientific oration "Regulatory Simplification through the Omnibus Law Approach is a Necessity" at the 57th Anniversary of UPN Veterans Jakarta at the Bhinneka Tunggal Ika Auditorium (Tuesday, 7/01 /20).

In his oration, Wcipto conveyed that the current regulatory conditions, both in terms of quantity and quality, are quite apprehensive. From a quantitative perspective, this concern is related to the excessive number of regulations. Too many regulations have the potential to affect the poor quality of regulations and lead to disharmony, overlapping, conflicts between regulations. As an example, let's say the arrangement in the field of business. If someone wants to be an entrepreneur, he will definitely be faced with various regulations, plus there is not just one agency that handles it, of course this makes the activities of business actors not easy.

Based on the number of regulations that are too many at this time, it is necessary to do what is called regulatory simplification . To simplify regulations, the first step is to take an inventory of problematic regulations. This option must be carried out with care, proper analysis, and carried out by professionals with integrity. Simplification of regulations is not an easy thing, it requires a systematic approach, both substance, institution and legal awareness. It must be supported by strong political will from the country's leadership and prioritize the interests of the state rather than sectoral or regional interests.

Wicipto said that from now on avoid thinking that regulation is the only thing that can solve all legal problems. Starting from the moment I tried to think that more and more eating regulations would restrict us more and make it more difficult for us. Therefore, to overcome this kind of condition, it is necessary to simplify/simplify regulations by trimming regulations through the Omnibus Law approach.

The Omnibus Law is a law that can contain a variety of materials. The Omnibus Law approach model is more widely used by countries with a tradition of the Common Law system ( Anglo Saxon ). Indonesia itself adheres to the Civil Law tradition system (Europe Continental) which places more emphasis on the joints of laws and regulations (regulations).

The principle that must be considered in simplifying regulations through the Omnibus Law approach is prioritizing the principle of lex posterior derogate legi priori (the new rule overrides the previous rule) followed by regulations in "closing provisions" to cancel the regulation that is to be canceled. Because the Omnibus Law can be said to regulate more generally.

Finally, Wicipto conveyed several things that could be considered in implementing the Omnibus Law approach, namely forming regulations by applying the Omnibus Law approach, don't let new regulations be made solely considering one point of view, this approach should not have many (political) interests. so that it is prone to abuse, it is better to choose a limited (per sector) Omnibus Law approach because the mechanism is much safer and is very possible in practice, It is necessary to prepare Prolegnas based on themes, not just quantity while revising old laws, to adapt to current developments this, ideally as long as the simplification/simplification of regulations is carried out it should be accompanied by a moratorium on proposals for the formation of new regulations because there are fears that there will be overlapping, sectoral egos and so on. .