This game isn't DND, and doesn't have to follow the ruleset and it's their choice. Larian have creative freedom, and after playing DOS2 quite a lot i think they know what they are doing and have faith. Trust the method behind the madness, but understand no matter which way they go, not everyone will be happy and if you come to the game expecting a 1:1 DND clone you've already set yourself up for disappointment.
I mean last I checked Baldur's Gate is a setting in Wizards of the Coast's D&D 5e setting of Farune. It is marketed as a sequel to BG2 by about 500 years I think was what they said. Marketed to use the D&D 5e ruleset. Sure they have creative freedom, but that's not what we were promised. If they can do it in BG 1 & 2 and make them a clone of D&D 2nd edition then Larian can make a clone of 5e for BG3. I have faith in that.