JURIDICAL REVIEW OF THE FORMATION OF LAWS AND REGULATIONS IN THE AGRICULTURAL SECTOR IN LAW NUMBER 6 OF 2023 CONCERNING THE STIPULATION OF GOVERNMENT REGULATIONS INSTEAD OF LAW NUMBER 2 2022 CONCERNING JOB CREATION IS ASSOCIATED WITH THE GENERAL PRINCIPLE OF GOOD GOVERNANCE

Abstract

Indonesia is an agricultural country with its biodiversity. As an agricultural country, Indonesia can meet the community’s food needs. The state must achieve the general welfare as stipulated in the constitution. It is noted that regulations in agriculture are spread across various laws and regulations. The results showed that the establishment of the Job Creation Law was considered contrary to the general principles of good governance such as the principle of legal certainty, prudence, not abusing interests, and openness. The Job Creation Law formed using  theomnibus law approach method  is also considered less representative of the principle of expediency in terms of formal aspects. The Job Creation Law has substantially changed various main provisions of laws and regulations in agriculture. These changes have an impact on the welfare of farmers. This condition makes the Job Creation Law considered unable to achieve public welfare and does not reflect the value of legal expediency. The advice for the government is to always base on the general principles of good governance when forming laws and review the substances of regulations in agriculture so that they are more directed towards the welfare of farmers.