The Omnibus Law concept
SofyanDjalil, as quoted in the article Considering the Concept of Omnibus Law If Applied in Indonesia, the concept of omnibus law was once put forward. This concept is also known as the omnibus bill which is often used in countries that adopt a common law system, such as the United States in making regulations. The regulation in this concept is to make a new law to amend several laws at once.
Bryan A. Garner, et.al (Eds.) In the Black's Law Dictionary Ninth Edition uses the term omnibus bill which means (p. 186):
1. A single bill containing various distinct matters, usu. drafted in this way to force the executive either to accept all the unrelated minor provisions or to veto the major provisions.
2. A bill that deals with all proposals relating to a particular subject, such as an "omnibus judgeship bill" covering all proposals for new judgeships or an "omnibus crime bill" dealing with different subjects such as new crimes and grants to states for crime control.
When translated freely, an omnibus bill means a law that regulates and covers different types of material content or regulates and covers all matters concerning a type of material content.
Omnibus Law in the Indonesian Legislation System
The review of the position of the omnibus law in the Indonesian legislative system can be based on Law Number 12 of 2011 concerning Formation of Laws and Regulations ("Law 12/2011") as amended by Law Number 15 of 2019 concerning Amendments of Law Number 12 of 2011 concerning Formation of Regulations and Regulations.
Law 12/2011 and its amendments do not recognize the term omnibus law. However, the provision of the omnibus law as a law is subject to the provisions of Law 12/2011 and its changes to the law, both in terms of its position and materials.
The position of the omnibus law may later be based on Article 7 of the Law 12/2011 which states that:
1. Types and hierarchy of Regulations are:
a. Constitution of the Republic of Indonesia of 1945;
b. Resolution of the People's Consultative Assembly;
c. Substitute Government Law / Regulation;
d. Government Regulations;
e. Presidential Regulations;
f. Provincial Regional Regulations; and
g. District / City Regulations.
2. The legal powers of the Regulations are in accordance with the hierarchy as referred to in paragraph one (1).
In view of this provision, omnibus law as a law is still subject to the rule of law, but it is superior to other types of legislation.
The material to be regulated by law comprises: 
1. further regulation of the provisions of the Constitution of the Republic of Indonesia of 1945;
2. order of a law to be governed by law;
3. ratification of specific international agreements;
4. follow-up on the decision of the Constitutional Court; and / or
5. The fulfillment of legal requirements in society.
If it is related to the provisions regarding the material contained in the law, then in our opinion, the existence of the omnibus law will not conflict with Law 12/2011 and its changes as long as the content of the material governed by the omnibus law is in accordance with the provisions in the law. In addition, there is also no prohibition in Law 12/2011 and its amendments to the formation of the omnibus law which serves to accommodate several material contents at once.
According to Jimmy F. Usfunan, in the same article, the Law resulting from the concept of the omnibus law could lead to an umbrella law because it regulates thoroughly and then has power over other rules.
Muhammad Bakri in the book Introduction to Indonesian Law Volume I: The Indonesian Legal System in the Reformation Era (p. 47) explains the concept of umbrella law or principal law, which is a law that some articles require that the implementing rules be made in the form of laws as well .
Therefore, one of the contents of the law described in Article 10 paragraph (1) letter b of Law 12/2011 (p. 48), which is "an order of a law to be regulated by law", is a description of command an umbrella law. Muhammad Bakri in the same book gives examples of the umbrella law, one of which, Law Number 5 of 1960 concerning Basic Rules of Agrarian Principles.
Benefits of Omnibus Law
The existence of the omnibus law can even provide a number of advantages. Jimmy in the article mentioned earlier stated that the concept of the omnibus law could be used by the Indonesian government to overcome two things. First, the problem of the criminalization of state officials. During this time, many government officials are afraid to use discretion in making policies related to the use of the budget, because if proven to suffer losses, they can be charged with criminal acts of corruption.
Second, the omnibus law can be used in Indonesia to harmonize central and regional policies in supporting the investment climate. In this regard, the omnibus law can be a concise solution to conflicting laws and regulations, both vertically and horizontally.
1. Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles;
2. Act Number 12 of 2011 concerning Formation of Regulations and Regulations as amended by Act Number 15 of 2019 concerning Amendment to Act Number 12 of 2011 concerning Formation of Regulations.
1. Bryan A. Garner, et. al. (Eds.).Black's Law Dictionary Ninth Edition. St. Paul: West Publishing Co., 2009;
2. JimlyAsshiddiqie. Regarding the law. Depok: PT. Raja GrafindoPersada, 2017;
3. Muhammad Bakri. Introduction to Indonesian Law Volume I: The Indonesian Legal System in the Reformation Era. Malang: UB Press, 2013.
When entering the change of seasons, it is advisable to increase efforts to maintain health and environmental cleanliness, so you can avoid various diseases of the transition season. At the time of changing the dry season to the rainy season, there are several types of diseases that can strike you and your family.
Children under five years old (under five years old) are among those who are susceptible to contracting the virus during the transition season, although it does not rule out infecting adults.
Types of Transmission Season Diseases
Here are some of the higher risks of viral infections in the transition season:
Although generally transitional diseases are not dangerous, it is better to take preventive measures, such as implementing clean living and keeping the environment clean. This aims to reduce the risk of contracting various diseases that often arise in the transition season.
Human resources (HR) is a central factor in an organization. Whatever its shape and purpose, the organization is made based on a vision for the benefit of humans and in the implementation of its mission is managed and managed by humans.
Nawawi in Sedarmayanti (2007: 287) said there were three definitions of human resources, namely:
Looking at the notions above, it can be concluded that human resources are the most important part in the success of a company. So the human resources should be considered by the company, for example through empowerment.
According to the 1995 Great Indonesian Language Dictionary etymological empowerment comes from the word power which means the ability to do something or the ability to act. To get the prefix to be 'empowered' means to be empowered, capable, powerful, to have reason (ways and so on) to deal with something. Get the prefix and suffix of the message so that it becomes an empowerment that can be interpreted as an effort / process to make it able to make, able to act or do something. Empowerment in English is also called empowerment (Priansa & Suwatno, 2011: 182).
Whereas according to the Dictionary of Management (Quality) (Sugian, 2006: 78) states that "Empowerment (empowerment) is a condition where workers have the authority to make decisions and take action in their work area without asking for prior approval".
A brief understanding of HR empowerment was expressed by Smith which states that empowering people means encouraging them to become more involved in decisions and activities that affect their work. (Wibowo, 2007: 136)
Another definition expressed by Fred Luthans in his book Organizational Behavior 10-th Edition translated by Vivin Andika et al (2006: 492) states that:
Empowerment is "recognizing and exploring for the benefit of the organization, the power that is in someone because of their useful knowledge and internal motivation in themselves". Empowerment is the authority to make decisions in one's area of responsibility without asking for approval from others. Although empowerment is the same as delegation of authority, there are two characteristics that make it unique. First, employees are encouraged to use their own initiative as stated in Cummins Engine. 'Just do it.' Second, empowerment not only gives authority, but also resources so that they are able to make decisions and have the power to implement.
Cook and Macaulay (Wibowo, 2007: 136) also helped define empowerment, namely: "Changes occur in management philosophy that can help create an environment where every individual can use his abilities and energy to achieve organizational goals. An employee has the authority and initiative to do something that is considered necessary, far beyond his daily duties " From the above statement it can be seen, with the empowerment of employees will work to the maximum according to their abilities, without having to be burdened by the existence of a feeling of control.
Supporting the above statement, Robbins (Wibowo, 2007: 136) provides an understanding of employee empowerment: "Putting workers to work is responsible for what they do. Thus, managers learn to stop controlling and workers learn how to take responsibility for their work and make the right decisions. " Empowerment also helps eliminate conditions that cause helplessness while increasing workers' feelings of self-efficacy. Self-efficacy is a feeling that he is able to complete any work given to him.
However, self-efficacy needs to be supported by actual abilities. The employee empowerment process is done by giving employees the authority to make more decisions related to their duties and responsibilities. Employee empowerment can be done through the recruitment of the best qualified people and care about what they do (Kadarisman, 2012: 15).
Another understanding expressed by Kadarisman regarding empowerment is an increase in abilities, knowledge and skills. Empowerment of human resources becomes a very significant, strategic and comprehensive matter for every process of organizational activity in realizing performance as expected (Kadarisman, 2012: 222).
Empowerment is a process to make people become more empowered or more capable of solving their own problems, by providing trust and authority so as to foster a sense of responsibility (Wibowo, 2007: 137).
Another opinion regarding the meaning of empowerment was stated by Sharafat Khan (Usmara, 2002: 123-124) which states that:
"Empowerment is an ongoing interpersonal relationship to build trust and build confidence between employees and management."
In TQM's view (Total Quality Management) empowerment can be interpreted as meaningful (significant) employee engagement. Thus empowerment does not just have input, but also pays attention to, considers, and follows up on these inputs whether they will be accepted or not. (Tjiptono & Diana, 2003: 128)
From the above understanding it can be concluded that the empowerment of human resources is the process of encouraging human resources / employees to be able to develop more involved, in decisions and have initiatives to do something that is considered necessary without asking for the approval of others, so that it will build employee and management trust and in the end employees will be responsible for their work and contribute so that the organization works better.
Source: Kompas.co, Large Indonesian Dictionary, Garnis Blogspot
The Investment Coordinating Board (BKPM) has issued new rules related to investment implementation guidelines, namely Regulation of the Head of BKPM Number 7 of 2018 (Perka BKPM 7/2018) in July 2018. The rule replaces the old rule, namely Regulation of the Head of BKPM Number 14 of 2017.
One of the interesting things about the new regulation is the uniformity of the submission of Investment Activity Reports (LKPM) into the quarter. In addition, this regulation appears as a form of synchronization between the Information Services and Electronic Licensing Service System (SPIPSE) owned by BKPM, including the LKPM system, and the Online Single Submission (OSS) as a single licensing system in Indonesia.
As for the changes in the deadline for submission of LKPM to the quarter, they are as follows:
Furthermore, the submission of LKPM is now no longer limited to foreign investment companies, but also national entrepreneurs who have received business licenses from OSS. Perka BKPM 7/2018 requires every entrepreneur who carries out business activities for each line of business / location with an investment of more than Rp 500 million. The handover was carried out through SPIPSE.
However, until this article was revealed there has been no further information from BKPM regarding the procedure for registration for businesses that have not registered at SPIPSE to register at SPIPSE, considering that BKPM has closed registration and data changes in the SPIPSE system. BKPM has transferred all these matters to OSS, but OSS itself is not yet fully integrated. A possible solution is to propose limited access rights to BKPM to upload LKPM results.
Furthermore, the Foreign Corporate Representative Office (KPPA), the Foreign Trade Corporate Representative Office (KP3A), and the Oil and Gas Foreign Planting Office (KPA Migas) now have the obligation to report their activities twice a year. KPPA, KP3A, KPA Migas must submit semester report no later than the 10th of July of the year concerned and Report semester II no later than the 10th of January of the following year.
BKPM can impose administrative sanctions on entrepreneurs who do not obey BKPM rules related to capital implementation guidelines, including in the case of LKPM submission. Administrative sanctions that can be given by BKPM are: written or online warnings; restrictions on business activities; freezing of business activities / investment facilities; or revocation of business activities / investment licensing / investment facilities.
Pandu Offices as office space service providers and office administrative activities, are ready to help those of you who have the obligation to make an Investment Implementation Report. Contact us at 0361 8449085 or Whatapps 0811 39 91 441.
Source: Smart office
Virtual office or virtual office is a workspace located in the internet world in other words does not have a real or real office, where an individual can complete the tasks needed to conduct business without having a physical business location.
This ability to connect people electronically has opened up new ways of doing office work. Even making office work does not need to be done in the office. Instead, the work can be carried out wherever the employee is. The term given for this capability is virtual office, which means that office work can be carried out in any geographical location as long as the workplace is connected to the company's fixed location through electronic communication.
The use of Virtual Office can provide several conveniences and benefits for entrepreneurs, among others;
Cr: from various sources
Christmas, of course everyone knows Christmas Day which falls on December 25 every year. And of course each country has a quite unique way to celebrate it and of course there are also various special foods that are there for the celebration. What are these foods? Here we show!
Saat ingin berpergian ke luar negeri, tentunya paspor merupakan salah satu dokumen penting yang wajib dimiliki dan dibawa. Jika tidak memiliki dokumen ini tentu perjalanan Anda akan terganggu, Anda akan ditolak oleh pihak imigrasi di bandara ataupun di pelabuhan. Paspor merupakan dokumen resmi yang memuat identidas seseorang atau pemegangnya. Paspor sendiri diterbitkan oleh lembaga atau pejabat yang berwenang di suatu negara dan berlaku untuk digunakan sebagai identitas ketika seseorang akan melakukan perjalanan antar negara. Sehingga apabila Anda akan melakukan travelling ke suatu negara sebaiknya dokumen ini Anda telah siapkan jauh-jauh hari sebelum berpergian. Namun tentu saja masih banyak orang yang belum mengetahui bagaimana cara pembuatan paspor baru? Dan berapakah biaya yang dikeluarkan untuk pembuatan paspor ini? Akan kami beritahu selengkapnya.
Dokumen Persyaratan yang Wajib Dipersiapkan untuk Membuat Paspor Baru
Ketika Anda akan berencana membuat paspor, sebaiknya Anda perlu menyiapkan beberapa dokumen ini. Apa saja dokumennya? Berikut dokumen yang perlu Anda persiapkan sebelum datang ke Kantor Imigrasi:
Proses dan Cara Membuat Paspor Baru di Kantor Imigrasi Wilayah Bali
Setelah dokumen yang Anda siapkan telah lengkap, Anda hanya perlu datang ke kantor Imigrasi terdekat. Pada proses ini kami akan menjelaskan proses pembuatannya pada Kantor Imigrasi Wilayah Bali. Apapun beberapa prosesnya sebagai berikut:
9. Paspor bisa langsung diambil tiga hari setelah pembayaran dilakukan. Jangan lupa membawa
bukti pengambilan serta struk bukti pembayaran saat datang ke kantor imigrasi.
In this digital and practical era, a platform of top necessity that is able to accommodate your productive activities to be more efficient is certainly very much needed. One solution that is currently being warmly developed by using a virtual office (virtual office) that is very effective for business people who need mobility and work.
When businesses require flexible working hours, virtual offices create opportunities for people to work whenever they like from wherever they are. Not only that, virtual offices also allow you to not have to travel, technology costs are low or even non-existent, and costs of overheating are lower. For workers, having a virtual office also saves travel time, increases productivity, and results in lower turnover rates.
Benefits of using a virtual office are:
Eco-Cost Cutting - The use of a virtual office can save a business in terms of costs, whilst additionally helping the environment.
Virtual Office from Pandu Maha Wana is able to create an experience that will work for any business – choose a package today and start saving on costs, as well as your environmental impact. For more information, please click https://panduoffices.com/index.html
Virtual Office is a non-physical office for rent. This can be used as a legal address for business and get office facilities from the tenant. Although it is not a physical office like an office in general, virtual office users get several advantages compared to users who rent a physical office. One of the advantages is that operational costs are cheaper than conventional offices, but get facilities similar to conventional offices. Without a physical office who says people can't do business? By renting a Virtual Office or Virtual Office, you no longer need to feel confused to start your business. Your business will continue to run without a physical office. You will find it easier to work anywhere without fear of being burdened by high office operational rental costs each year.
The facilities obtained from the Virtual Office are as follows:
We Pandu Offices invite all of you to do business without any doubts of having no office. With our facilities, we guarantee you all will find it easier to do business.
Why should you choose Pandu Offices as a place of business?
Is your stay permit in Indonesia going to expire? Or you are still in Indonesia but have only just realised that your visa had already expired for quite some time? What will happen if your visa has already expired?
Make sure to get your visa documentation in order as soon as possible as Indonesia has significantly raised the daily penalty for overstaying a visa in Indonesia.
New regulations for overstaying visas in Indonesia
Effective May 2019 the visa holder will be fined Rp 1,000,000* per day (approx. US70) and may be detained for questioning too. The fine is not a bribe, but is a legal part of the settlement of an overstay. Plan on paying the official fine in full at the immigration office. See Government Regulation No. 28, Year 2019 for the official regulation.
This is an increase from the previous fine of Rp 300,000/day.
Overstaying your Visa for more than 60 Days
With an overstay of more than 60 days, the law says that you will be deported and blacklisted. Surprisingly, you will not have to pay a fine!
Again, you should go to the airport really early with your ticket to exit Indonesia.
Don’t display any expensive watches, jewelry, electronics, or other signs of wealth. Do not bring large amounts of cash. If this is found, officials may pressure you to buy your way out of the situation.
Be ready for questions that officials may ask. Stay calm and gracious, don’t raise your voice. Don’t argue and don’t quote the law at them.
Make sure you can explain the circumstances of your overstay. Especially how you managed financially while staying in Indonesia. Important: Working illegally will make your situation much worse, as that is a criminal offense.
Be remorseful and apologetic. Agree that you have made a mistake and that you are willing to face the consequences.
Prepare yourself for the possibility that officials may try to goad or insult you. They may also threaten you with punishment, possibly citing Article 124. Don’t let this scare you, as that article applies mostly to employers who knowingly hire illegal workers.
If you have an Indonesian spouse, have them go with you. Officials may want to talk to them as well. Be sure that your companion is ready: don’t display any signs of wealth, stay calm, and have an explanation. In addition, you and your companion should both make it clear that s/he had no prior knowledge of the overstay.
Unless officials become suspicious that some other crime has been committed, you will likely be deported on the same day. However they can legally detain you while they conduct an investigation.
Avoid getting deported from Indonesia
Deporting and blacklisting in Indonesia will follow once you fail to pay the fine while being in the country still less than 60 days. The same applies when you are in the country with a stay permit that is no longer valid and exceeds 60 days. However, blacklisting and sending out of the country is something you can prevent.
Note that the Immigration officials in Indonesia are doing an excellent job at keeping their eye on any immigration-related violations. Besides, it is often a case of receiving a tip from someone, which leads the officials to check upon the documents of expats and foreign businesses.
Therefore, always make it a priority to have your documentation in line with the country’s regulations.
What if my overstay was due to an emergency?
If you know that you are going to overstay due to an emergency, you should extend your visa before it expires. At your local immigration office you can ask for an Izin Tinggal Keadaan Terpaksa (Emergency Stay Permit). This stay permit is available for among others, humanitarian reasons and natural disasters. For humanitarian reasons you should include supporting proof, such as medical records or doctor’s recommendation.
The emergency stay permit is valid for 30 days. You can then apply to extend it for an additional 30 days each time.
The relevant statute for the emergency stay permit is Justice and Human Rights Ministerial Decree no 27, 2014.
You Must Apply for the Right Visa in Indonesia
Indonesia has different regulations for nationals from different countries. In general, for most countries a visa is not required (or a free visa will be given) in Indonesia for the purpose of a short visit. Even with a free visa, some foreigners happen to overstay as well.
Therefore, even when you can enter the Indonesia territory without a visa and want to stay longer than 30 days, we advise you to choose the right visa for a longer stay in the country.
This is because a free visa is not extendable. You cannot upgrade your free visa to another type of visa either.
Advice from our visa experts? Always plan ahead and know what your purpose of visit so that you will be able to choose the right visa for the length of period you want to stay in Indonesia.