Problems in Regulating Private Rights in the Omnibus Law on Family Resilience in Indonesia

Abstract

As a new legal product, Omnibus Law was designed as a breakthrough to answer the overlapping and disharmony issues of law in Indonesia. This study used a normative research method, namely statutory approach (Statute Approach) and conceptual approach (Conceptual Approach). The results of the study indicated that the establishment of the Omnibus Bill on Family Resilience was intended to contribute to creation of a better order, protect families and build a harmonious and successful society, raising a better generation. The main purpose of this study was to analyze the Omnibus Law on Family Resilience which presages the existence of private rights and also creates legal uncertainty in the society, causing legal chaos. The study identified several problems that emerged from this bill. Firstly, there is no valid data related to the reasons for its necessity. Secondly, the bill contradicts the above regulations, especially related to private rights. To address these two problems, there is a need for a reconsideration of this law.

Keywords

• indonesia
• omnibus law on family resilience
• private rights