Questioning Open Government Principle within the Law-Making Process of Omnibus Law in Indonesia

Abstract

The convoluted issuance of permits for opening a new business or the daily process of running a business due to overlapping regulations is one of the reason for the government to take an alternative route in the form of the Omnibus Law, which can replace several rules at once. However, suppose that the alternative option through the omnibus law can work as expected, but it does not mean that every process will be appropriate with the applicable regulations. Using a qualitative approach, this study aims to analyze the fulfilment of open governance principles in omnibus law's promulgation process. Our analysis shows that Indonesia's omnibus law-making process in 2020 still ignores the principle of openness mandated under Law Number 12/2011. The government's neglectful attitude, especially concerning open data and open process, indicates that the government has not paid enough attention to the open governance principle.

Keywords

• good governance
• open governance
• omnibus law