scholarly journals Politics of Law in the Establishment of a National Regulatory Body: A New Direction for Legal Reform

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Irfan Jamallullail
Keyword(s):  
Research Method ◽  
Legal Reform ◽  
The Body ◽  
Regulatory Body ◽  
Legal Research ◽  
Official Gazette ◽  
The Republic ◽  
The Government ◽  
Draft Bill ◽  
Or Task

Amendment to Law Number 12 of 2011 concerning Formation of Laws and Regulations through Law Number 15 of 2019 which came into force since it was promulgated on October 4, 2019 (Amendment to the PPP Act) has given rise to a new nomenclature of institutions that conduct government affairs in the field of legislation formation. The name of the body is the National Regulatory Body. The research method used is a qualitative research method that is normative legal research with a focus of research that is discussing the politics of law of forming a national regulatory body. The substance in Law number 15 of 2019 is the existence of a new institution that organizes government affairs in the field of the formation of legislation. The agency in the Amendment to the PPP Act, among others, has the function or task of coordinating the preparation of Prolegnas within the Government, coordinating the planning of the drafting of PPs, coordinating the harmonization, rounding up, and consolidating the conception of a draft bill originating from the President, coordinating the preparation of deliberations for the Draft Bill with the Parliament, coordinating the harmonization, rounding up, and consolidating the conception of the bill originating from the President and strengthening the conception of the RPP, coordinating the harmonization, rounding and consolidation of the draft Perpres, enacting legislation in the Official Gazette of the Republic of Indonesia or the Official Gazette of the Republic of Indonesia.

scholarly journals ANALISIS YURIDIS TERHADAP KEBIJAKAN PEMERINTAH MENGENAI PENANGANAN PANDEMI VIRUS CORONA DISEASE 2019 (COVID-19) DI INDONESIA

2021 ◽  
Vol 6 (2) ◽  
pp. 46-58
Author(s):  
Anwar Hidayat ◽  
Budiman
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Social Impact ◽  
Virus Disease ◽  
Legal Research ◽  
Conceptual Approach ◽  
Corona Virus ◽  
The Republic ◽  
The Government ◽  
The Impact

Perkembangan pandemi Covid-19 saat ini sangat mengkhawatirkan dimana terjadinya suatupeningkatan kasus corona khusus di Indonesia. Penelitian ini bertujuan untuk mengetahuidan menganalisis kebijakan yang diambil pemerintah dalam penanganan pandemi Covid-19serta langkah-langkah yang diambil pemerintah untuk menganggulangi dampak-dampak, terutama dampak dari segi ekonomi dan sosial akibat pandemi Covid-19. Metode penelitianhukum yang digunakan yakni metode penelitian hukum normatif. Adapun pendekatan yangdigunakan dalam penelitian ini adalah pendekatan perundang-undangan dan pendekatankonseptual. Penelitian ini berlandaskan pengaturan perundang-undangan yang mengaturmengenai penanganan dan penganggulangan pandemi Covid-19 serta analisis atas konseppenetapan peraturan perundang-undangan tersebut. Hasil dari penelitian ini adalah dalamrangka penanganan Covid-19, berawal dari pemerintah tmengeluarkan kebijakan tentangPembatasan Sosial Berskala Besar yang merujuk pada Undang-Undang Nomor 6 Tahun2018 tentang Kekarantinaan Kesehatan. Peraturan pelaksanaannya yaitu PeraturanPemerintah Nomor 21 Tahun 2020 tentang Pembatasan Sosial Berskala Besar, sertaKeputusan Presiden tentang Kedaruratan Kesehatan sampai dengan saat ini pemerintah telahmengeluarkan kebijakan PPKM yang dimana dilakukan secara berkala. Untukmenganggulangi dampak Covid-19 dari segi ekonomi dan sosial pemerintah mengambilbeberapa kebijakan-kebijakan, yang diantaranya adalah: Peraturan Menteri KeuanganRepublik Indonesia Nomor 23/Pmk.03/2020 tentang Insentif Pajak Untuk WajibPajakTerdampak Wabah Virus Corona; Peraturan Otoritas Jasa Keuangan Republik Indonesia Kata Kunci : Kebijakan, Penanganan, Covid-19 The current development of the Covid-19 pandemic is very worrying where there is anincrease in special corona cases in Indonesia. This study aims to identify and analyze thepolicies taken by the government in handling the Covid-19 pandemic and the steps taken bythe government to mitigate the impacts, especially the economic and social impacts of theCovid-19 pandemic. The legal research method used is the normative legal research method. The approach used in this research is a statutory approach and a conceptual approach. Thisresearch is based on the legislation governing the handling and handling of the Covid-19pandemic as well as an analysis of the concept of establishing these laws and regulations. The results of this study are in the context of handling Covid-19, starting with thegovernment issuing a policy on Large-Scale Social Restrictions which refers to Law Number6 of 2018 concerning Health Quarantine. The implementing regulations are GovernmentRegulation Number 21 of 2020 concerning Large-Scale Social Restrictions, as well as thePresidential Decree on Health Emergencies. Until now, the government has issued a PPKMpolicy which is carried out regularly. To address the economic and social impact of Covid- 19, the government has taken several policies, including: Regulation of the Minister ofFinance of the Republic of Indonesia Number 23/Pmk.03/2020 concerning Tax Incentives forTaxpayers Af ected by the Corona Virus Outbreak; Regulation of the Financial ServicesAuthority of the Republic of Indonesia Number 11 /Pojk.03/2020 concerning NationalEconomic Stimulus as a Countercyclical Policy for the Impact of the Spread of Corona VirusDisease2019; and Instruction of the President of the Republic of Indonesia Number 4 of2020 concerning Refocussing of Activities, Reallocation of Budgets, and Procurement ofGoods and Services in the Context of Accelerating Handling of Corona Virus Disease 2019(Covid-19). Keyword : Policy, Handling, Covid-19

scholarly journals Koalisi Partai Politik di Kabinet: Antara Penguatan Lembaga Kepresidenan atau Politik Balas Budi

2020 ◽  
Vol 9 (1) ◽  
pp. 111
Author(s):  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
The Political ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
The Government

The political party's position as a determinant of government head nomination in Indonesia made the political party a central and strong role in the determination of the Cabinet in the presidential government of Indonesia and allowed the political party to determine the Cabinet domination established by the President elected. This research aims to determine the model of the presidential institution strengthening in the multi-party era in Indonesia and to know the political and juridical construction of the presidential institution in determining the cabinet in Indonesia. The method used is a normative legal research method with a conceptual approach. The results of this research are, firstly that the strengthening of the presidential institution in the multi-party era can occur when done with the restriction of political parties through the mechanism of the parliamentary threshold. Secondly, that the political construction of the cabinet determination by the President is based on the coalition of political party supporters of the government, and the juridical construction of the President may elect the Minister of the party proposal because it is based on article 6A paragraph (2) The Constitution of the Republic of Indonesia 1945. Kedudukan partai politik sebagai penentu pencalonan kepala pemerintahan di Indonesia menjadikan Partai Politik memiliki peran sentral dan kuat dalam penentuan kabinet di Pemerintahan Presidentiil Indonesia dan memungkinkan partai politik untuk menentukan dominasi kabinet yang dibentuk oleh Presiden terpilih. Penelitian ini bertujuan untuk mengetahui model penguatan lembaga kepresidenan pada era multi partai di Indonesia, dan untuk mengetahui konstruksi politis dan yuridis lembaga kepresidenan dalam menentukan kabinet di Indonesia. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan konseptual. Hasil penelitian memperlihatkan bahwa pertama, penguatan lembaga kepresidenan di era multi partai dapat terjadi apabila dilakukan dengan pembatasan partai politik melalui mekanisme parlementary threshold. Kedua, bahwa konstruksi politis penentuan kabinet oleh presiden didasarkan atas koalisi partai politik pendukung pemerintahan, dan konstruksi yuridis presiden dapat memilih menteri dari usulan partai karena didasarkan pada Pasal 6A ayat (2) UUD 1945.

scholarly journals Pelaksanaan Undang-undang Nomor 28 Tahun 2014 tentang Hak Cipta Terkait Penggandaan Buku pada Usaha Fotokopi Cahya Printing Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 320-325
Author(s):  
Ni Luh Dwi Ega Mileniawati ◽  
Nella Hasibuan OLeary ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Method ◽  
National Development ◽  
Legal Protection ◽  
Human Being ◽  
Legal Research ◽  
Legal Provisions ◽  
The Republic ◽  
The Government ◽  
Illegal Copying

The essence of national development is the development of the whole human being and the development of the entire Indonesian society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Development is not only pursuing physical or mental progress, but also pursuing harmony, harmony and balance. The purpose of this study is to determine the implementation of Law Number 28 of 2014 concerning Copyright related to illegal copying of books in the Cahya Printing Bali photocopy business and to find out legal protection for book creators related to illegal book duplication in the Cahya Printing Bali photocopy business. The research method used is to use the empirical legal research method, which is to study the legal provisions that apply or what happen in reality in society. The results of the study show that the implementation of Law Number 28 of 2014 concerning copyright related to illegal book duplication in the Cahya Printing Bali photocopy business has not been carried out due to lack of support from related parties, namely still weak policing and lack of socialization. Legal protection for book creators related to the copying of illegal books in the copy business of Cahya Printing Bali in protecting creators' rights, the government does not provide direct legal protection.

scholarly journals Pengaturan Penyelesaian Sengketa Penanaman Modal dalam Peraturan Daerah Nomor 7 Tahun 2018 tentang Penanaman Modal Provinsi Riau

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 20
Author(s):  
Evi Deliana
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
International Arbitration ◽  
Legal Research ◽  
Investment Activity ◽  
Foreign Investors ◽  
The Republic ◽  
The Government

Investment is any form of investment activity, both by domestic investors and foreign investors to do business in the territory of the Republic of Indonesia. Riau Province has issued Regional Regulation No. 7 of 2018 concerning Investment in Riau Province (PMPR). But there are weaknesses and disharmony with the higher regulation, the 2007 Investment Act. The research method used is normative legal research. The regulation in the PMPR regulation is still unclear, especially if there is an obligation to resolve disputes that occur between the government and foreign investors through national arbitration. Whereas in accordance with the 2007 Investment Act, dispute resolution between the government and foreign investors is carried out through international arbitration institutions based on the agreement of the parties.

scholarly journals PERAN JAKSA AGUNG REPUBLIK INDONESIA TERHADAP PEMBENTUKAN DAN PELAKSANAAN TUGAS TIM PENGAWALAN, PEMERINTAH DAN PEMBAGUNAN DAERAH

2019 ◽  
Vol 1 (2) ◽  
pp. 127
Author(s):  
Muhammad Taufiqurrahman
Keyword(s):  
Regional Development ◽  
Research Method ◽  
Attorney General ◽  
National Development ◽  
Legal Research ◽  
Development Team ◽  
Government Administration ◽  
The Republic ◽  
The Government

This discussion dealt with The Role of the Attorney General of the Republic of Indonesia in the Formation and Implementation of the Duty of the Guards, Safeguards of Government and Regional Development Team (TP4D). The problems of the study discussed in this research were what the legal arrangement of the Guards, Safeguards of Government and Regional Development Team (TP4D) was and what the role of the prosecutors in Guards, Safeguards of Government and Regional Development Team (TP4D) was. The research method used with the type of research used was empirical legal research. Empirical legal research is a legal research method that functions to be able to see the law in the real sense and examine how the law works in a community environment. The specification of this research is descriptive, with the intention to describe the existing conditions by using scientific research methods and solving problems based on data and facts collected as they were at the time the research was conducted. The conclusion in the discussion was that the President Instruction No. 1 of 2016 concerning the Acceleration of the Implementation of National Strategic Projects was not only addressed to the Ministers of the Work Cabinet, Cabinet Secretary, the Chief of the President Staff, the Heads of Non-Ministry Government Agencies, Governors and Regents / Mayors, but also instructed to the General Attorney of the Republic of Indonesia and the Head of the Indonesian National Police. To fight the stigma of criminalizing the policy that made the bureaucratic officials and businessmen afraid and hesitant in making decisions on accelerating the development and the strategies of national development programs, the Guards, Safeguards of Government and Regional Development Team (TP4D) was formed based on the decision of the Attorney General of the Republic of Indonesia No. KEP-152 / A / JA / 10/2015 dated October 1, 2015 concerning the establishment of the Guards, Safeguards of Government and Regional Development Team (TP4D) of the Republic of Indonesia which have the duties: to guard, secure and support the success of the running of the government and development through prevention / preventive and persuasive efforts in the jurisdiction of the Prosecutor's Office. While it was expected that the budget absorption was running normally for the benefit of the programs of national development. It was expected that resolutions of the existing problems with policies and officials will use the Government Administration process in accordance with the provisions of Law No. 30 of 2014 concerning Government Administration,

scholarly journals The Changing of Political Orientation of Masyumi Party During 1950-1959

2017 ◽  
Vol 1 (1) ◽  
pp. 52
Author(s):  
Alfi Hafidh Ishaqro ◽  
Alamsyah Alamsyah ◽  
Dewi Yuliati
Keyword(s):  
Political Orientation ◽  
The Body ◽  
Behavioral Changes ◽  
General Election ◽  
Native Communities ◽  
Historical Method ◽  
Political Struggles ◽  
The Republic ◽  
The Government ◽  
First Time

Through historical method, this article studies the Shifts in Political Ideological Orientation of Masyumi Party during the Liberal Democracy Era 1950–1959. The shifted orientations of Masyumi Party included a shif of orientation in its principle, form of government and the government executive system.The establishment of Masyumi Party was the apex of the Japanese concern in trying to map the axis of the powers of various groups in Indonesia. The formations of PUTERA, which bore the nationalist inclination and MIAI, which tended to accommodate urban Muslims were not attractive enough to win the hearts and empathy from the Indonesian native communities for its occupation in Indonesia. Masyumi Party made Islam as a its struggling principle, not only as a symbol  but also tha ideology and spirits in conducting the various siyasah preaches within the scope of political struggles. Numerous internal dynamics were then occuring in the body Masymi Party. The Party’s change in its orientation began to be visible, indicated by the idea suggested by M. Natsir to formulate the Constitution or Law of General Election.The formation of the General Election Law made M. Natsir and Masyumi the symbol of the establishment and growth of democracy in the Republic of Indonesia, which became more evident when M. Natsir was ousted and the subsequent working cabinet heads failed to hold a General Election. And finally, at the end of 1955 under the leadership of Burhanuddin Harahap, who was himself a Masyumi figure, a general election was held for the first time. The political attitude shown by Masyumi indicated that Masumi Party had shifted its political orientation. Masyumi Party, which originally struggled to implement Islam by employing the Syura in forming a government was helplessly compromising its principle by following and combining itself into a democracy model the initiator of which was the leader of Masyumi Party itself. Such political behavioral changes were associated with the reasoning of the then leaders of Masyumi Party, who tended to accommodative and excessively compromising. 

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

scholarly journals MERINTANGI PENGUBURAN JENAZAH COVID-19 DITINJAU BERDASARKAN PASAL 178 KITAB UNDANG-UNDANG HUKUM PIDANA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 104
Author(s):  
Muhammad Rezky Rinaldy Dan Syamsudin
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Code ◽  
The Body ◽  
Legal Research ◽  
Corona Virus ◽  
The World ◽  
Law Enforcement Officials ◽  
The Impact

Indonesia and even the world now feel the impact of the Corona virus outbreak (covid-19), in connection with it hindering the burial of the bodies of victims who died. The phenomenon of corpse rejection of corona virus patients (covid-19) continues to occur in various regions. In fact, the body must be buried immediately no later than 4 hours after being declared dead. The main reason people are reluctant to accept the bodies of patients co-19 because of fear of contracting. While the medical ensure that the body will not transmit the virus. The body in the coffin has been wrapped and declared sterile. The type of research used in this study is the type of normative legal research, which is a legal research method that uses a statutory approachThe results of the study showed that obstructing officers who will carry out official burials could indeed be convicted. Law enforcement officials can use Article 178 of the Criminal Code. not a complaint offense. Law enforcement officials can immediately take action without anyone complaining. "If the incident fulfills the elements contained in Article 178 of the Criminal Code, the perpetrators can be charged. However, it must look at intentions and actions as a condition for imposing a crime on someone.

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