The Ciptaker Omnibus Law is Generally Rejected by the Community. On the other hand, Ciptaker Omnibus Law is an attraction for foreign investors which will Open new jobs, which is said to be quite difficult to obtain during the Pandemic.
The draft Omnibus Law Ciptaker generally has positive impact on the country’s economic sector. Tax observer, Yustinus Prastowo said, ideally, this RUU, which includes 79 revisions of laws and consists of 1,244 articles, is expected to attract investors to be more interested in entering Indonesia, which will also increase employment in Indonesia, especially in this period of time of Pandemic.
The problem is, the closure of the government in informing the draft and the lack of involvement of the stakeholders regulated in the drafting of the RUU can lead to misunderstanding or miscom. The process of ratifying the RUU/Ciptaker Law (Omnibus Law) is considered rushed.
Yustinus admitted that the drafting process for the Ciptaker RUU had to be under public scrutiny. He emphasized that all discussions must be carried out by bringing together all related parties, including workers, so as not to become a “time bomb” for the labor sector in the future.
“All related parties must be able to sit together, in order to find solutions and a midpoint that can balance the interests of investment and the business world,”, Yustinus said.
Steep Into Another Perspective of the Ciptaker Omnibus Law: Ciptaker Law Created for Investors. But the Investors themselves are worried because the environmental impact of this regulation is worrying.
35 investors representing investment or asset under management (AUM) worth US $ 4.1 trillion made an Open Letter which roughly stated that precisely because of this regulation investors may be reluctant to invest money in Indonesia. Maybe investors are worried about investing money because UU Ciptaker will have a severe impact on the environment, human rights and labor.
Things suggested to be an investors problem related to CIPTAKER Law :
- The Ciptaker Law eliminates a minimum of 30 percent of forest area that must be maintained by the government as in Article 18 paragraph (2) of Law no. 41/1999 on Forestry.
- Regarding Law 32/2009 on Environmental Protection, the Ciptaker Law changes environmental permits into environmental approvals which are included in business licensing. Unfortunately, this change removes articles 38 and 93, which are the space for the community to contest environmental permits. In the old regulation it can be canceled through the PTUN
- Sanctions for those who do not have Amdal and UKL / UPL are only administrative in nature (Article 82A of the Ciptaker Law). The criminal sanction will apply as in article 109, if it is proven that it disturbs the health, the victim is injured, or even death.
- On the other hand, the sanctions for the management of B3 waste which damage the environment have also been changed. The Ciptaker Law removes the word “without proof of guilt” from absolute responsibility for the environmental threats that arise.
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