Justification of the Thematic Legislation in Indonesia

The use of the omnibus method has been controversial since the enactment of the Job Creation Law due to its cross-sectoral nature, making the resulting legislation difficult for the public to understand. The validity of laws created using the omnibus method does not only depend on the validity of the omnibus method because it has been recognized by law. The paper aims to critique the Omnibus method of Article 64 (1) letter b of the Law on Legislation Making and its application resulting in the Job Creation Law, Law No. 6 of 2023 which is not thematic so it is not easy for the public to understand. The novelty of this article is the idea that the implementation of the omnibus method must also be accompanied by the resulting laws being thematic so that they can be easily understood. Thus we propose the thematic omnibus method. The thematic principle in omnibus method is born from the dictates of the Rule of Law principle, which is regulated in the principle of clarity of purpose and the principle of clarity of formulation, which is a form of the necessity of intelligibility in legislation.

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Publication Details

Journal
Jurnal Konstitusi
Published
2025-09-19
DOI
https://doi.org/10.31078/jk2231
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Justification of the Thematic Legislation in Indonesia

Umbu Rauta, Marcelino Ceasar Kishan, Freidelino Paixao Ramos Alves de Sousa, Titon Slamet Kurnia et al.
Jurnal Konstitusi
Legal Studies and Policies
article

Justification of the Thematic Legislation in Indonesia

Umbu Rauta, Marcelino Ceasar Kishan, Freidelino Paixao Ramos Alves de Sousa, Titon Slamet Kurnia, Adérito de Jesus Soares, Bernadeta Adriana Sandra Jeconiah
article en

Abstract

The use of the omnibus method has been controversial since the enactment of the Job Creation Law due to its cross-sectoral nature, making the resulting legislation difficult for the public to understand. The validity of laws created using the omnibus method does not only depend on the validity of the omnibus method because it has been recognized by law. The paper aims to critique the Omnibus method of Article 64 (1) letter b of the Law on Legislation Making and its application resulting in the Job Creation Law, Law No. 6 of 2023 which is not thematic so it is not easy for the public to understand. The novelty of this article is the idea that the implementation of the omnibus method must also be accompanied by the resulting laws being thematic so that they can be easily understood. Thus we propose the thematic omnibus method. The thematic principle in omnibus method is born from the dictates of the Rule of Law principle, which is regulated in the principle of clarity of purpose and the principle of clarity of formulation, which is a form of the necessity of intelligibility in legislation.

Jurnal KonstitusiVol. 22(3)
Satya Wacana Christian University (ID), National University of East Timor (TL)
Openalex Percentile: Top 61%
Legal Studies and Policies
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Justification of the Thematic Legislation in Indonesia — Umbu Rauta, Marcelino Ceasar Kishan, et al. · Jurnal Konstitusi (2025) | TGRS Research Map | TGRS