Problematika Penerapan Sistem Omnibus Law Ke Dalam Sistem Hukum Nasional Indonesia Melalui Undang-Undang No.11 Tahun 2020 Tentang Cipta Lapangan Kerja

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Ahmad Azharil

AbstractThe obstruction of national economic growth due to the long bureaucratic process for business licensing is one of the reasons for the government to create an omnibus law concept in Indonesian Act concerning Job Creation No. 11 of 2020 (JC Act). In fact, the noble ideals outlined in the creation of the JC Act have received a lot of harsh criticism from among the public, workers, academics, and activists in the field of manpower and the environment. Some of the fundamental problems in the creation of the JC Act lie in the absence of public participation in the drafting and deliberation of the Indonesian Parilement, and one of them has the potential to damage environmental sustainability. The omnibus law of the JC Act is a legal model in countries adhering to the common law system that was born due to overcoming regulatory problems in the country caused by the number of regulatory barriers and problems in a field such as the economy. The omnibus law is the concept of simplifying the rules so that they can be implemented properly in order to create an effective, efficient, and stimulating government bureaucracy for national economic progress. Indonesia as a country based on a civil law system is not an obstacle to implementing the omnibus law concept as long as its development and application follows the provisions of the formation of statutory provisions. The concept of the omnibus law contained in the JC Act in the Indonesian national legal system has many substance problems in its articles, including the simplification of the Environmental Impact Assessment (EIA) preparation process by not involving the community as the party whose function is to provide input and correction to the EIA initiator. This will have the potential to sustain the environment as an ecosystem that cannot be separated from people's lives.Keywords : Obstructed, Economy, Creation, Work, Environment

Author(s):  
AHMAD FIRDAUSE MD FADZIL ◽  
MOHD RAFI YAACOB ◽  
FAUZILAH SALLEH ◽  
AHMAD SHUKRI YAZID ◽  
ZAINUDIN AWANG

A number of intensive studies on entrepreneurs which consider entrepreneurship as one of the mostimportant elements in business have been conducted within the past few years. An entrepreneur isresponsible for every aspect of a new venture’s creation considering that they are usually the lead personin every business decision. To date, researchers have tended to ignore the issues related to the qualitiesof entrepreneurs in the creation of new e-commerce ventures. While entrepreneurial competencies havebecome extremely important recently, as a complementary study, the personality traits of the entrepreneurcould also be studied. Much uncertainty still exists; hence, this study set out to determine the role ofpersonality and entrepreneurial competencies in the creation of new e-commerce ventures in Malaysia.This research uses a case studies approach in which data was collected by interviewing twelve e-commerceentrepreneurs from May 2013 until December 2014. The fi ndings have identifi ed that seven personalitytraits are most prevalent; namely, creativity, risk taking, inspiration, need for autonomy and freedom,tolerance of ambiguity, a hardworking and persistent attitude, and optimism, all of which vigorously havecontributed to new e-commerce venture creation in Malaysia. In the case of entrepreneurial competencies,it was deemed crucial for entrepreneurs to be equipped with both computer and communication skills tofacilitate the creation of new ventures. Therefore, it is best for the government to promote entrepreneurialactivity by highlighting the elements of entrepreneurs in terms of personality traits and entrepreneurialcompetency aspects. Finally, through a better understanding of our entrepreneurs, we will amplify theemergence of new ventures to strengthen the economic progress of the country.   Kajian lepas secara intensif telah melihat keusahawanan adalah sesuatu elemen yang penting dalamperniagaan sejak kebelakangan ini. Usahawan adalah bertanggungjawab terhadap segala aspekkeputusan dalam perniagaan yang dijalankan. Para penyelidik kini telah cenderung mengabaikan isuisu yang berkaitan dengan kualiti dimiliki usahawan terutamanya dalam konteks peniagaan e-dagangyang diketahui telah memberikan sumbangan besar terhadap nilai ekonomi kepada negara. Walaupunelemen kompetensi dimiliki usahawan menjadi kajian yang penting, sebagai pelengkap, personalitiusahawan turut menjadi keutamaan untuk dikaji oleh para penyelidik. Dengan ketidakpastian yangmasih wujud; objektif kajian ini adalah melihat peranan personaliti dan kompetensi usahawan terhadapproses penciptaan perniagaan baharu e-dagang di Malaysia. Kajian ini menggunakan pendekatan secarakajian kes iaitu seramai dua belas usahawan e-dagang telah ditemubual bermula Mei 2013 sehinggaDisember 2014. Penemuan kajian ini telah mengenal pasti terdapat tujuh ciri-ciri personaliti; iaitu kreativiti,mengambil risiko, inspirasi, keperluan autonomi dan kebebasan, toleransi terhadap kekaburan, sikapyang rajin dan cekal, dan optimistik adalah menyumbang kepada proses penciptaan perniagaan baharu e-dagang di Malaysia. Dalam konteks kompetensi, ia dianggap penting bagi usahawan untuk dilengkapidengan kemahiran komputer dan kemahiran berkomunikasi bagi memudahkan mereka semasa prosespenciptaan perniagaan baharu tersebut. Oleh itu, adalah terbaik bagi kerajaan mempromosikan aktivitikeusahawanan dengan menonjolkan espek personaliti dan kompetensi diri perlu dimiliki oleh usahawan.Akhirnya, penerapan pemahaman yang lebih baik berkenaan keusahawanan akan mengukuhkan nilaiekonomi di sesebuah negara melalui peningkatan KDNK, penciptaan peluang pekerjaan, dan nilai tambahmelalui kemunculan perniagaan baharu. 


Author(s):  
Belachew Mekuria Fikre ◽  
Menberetsehai Tadesse

Though one of the key organizing principles that underpin the current constitution is the creation of a single economic community, the country’s long history of legal transplantation does not necessarily complement this aspiration. This chapter examines how the state-managed developmental enterprise continuously negotiates with the rather ‘foreign’ legal elements, usually to the former’s detriment. The chapter takes a closer look at some of the key elements of the constitution and legal institutions vital for economic growth. Ethiopia’s federal state system together with the developmental state approach can only positively contribute to the creation of a single economic community when some of the key areas in the country’s legal development are revisited to align with its economic development model. The various areas examined in this work demonstrate the dilemmas faced when using law as instrument to achieve economic progress under the developmental state policy of the government in power.


2017 ◽  
Vol 49 (2) ◽  
pp. 177
Author(s):  
Atikah Nurhayati ◽  
Agus Heri Purnomo

The design of national economic development should never ignore three important aspects, namely integration, and sustainably and local contexts. Insufficient comprehension over these three aspects has caused delays of economic progress in several regions like Maluku. This region is characterized with archipelagic geo-profile where marine and fisheries resources are abundant but economic progress is sluggish. To catch up with the achievement shown by regions in the western part of the country, there must by effective efforts done in Maluku. This research is aimed at analyzing the three aspects mentioned above as related to acceleration of marine and fisheries economic development based on the region’s maritime geo-profile. In line with it, primary and secondary data were applied on a SWOT Analytical Approach. Based on the analysis, it was concluded that acceleration of marine and fisheries economic development in Maluku can be carried out through both local and national policies focused on facilitating prospective economic players in making massive investment in the marine and fisheries sector. Among others, this should be done by improving the capacity of Maluku marine ports and directing them to be local economic transmiters, through more effective functions as hubs for ships carrying commodities and products for both national and international markets. This research found that in line with it, a pre-requirement that has to be advanced by the government is detailed zoning of marine and fisheries resources, which is supported by a legal umbrella.


2020 ◽  
Vol 43 (1) ◽  
pp. 31-42
Author(s):  
Laura Colket

Academic and public discourses often oversimplify the complex historical, social, and discursive forces that have created the current realities in Haiti. These discourses ignore or distort the role that foreign governments and international agencies have played and continue to play in the creation of the Haitian state. They portray the Haitian government as singular and static, corrupt and incapable, and fail to acknowledge changes in leadership and the diversity of individuals who exist within the government. This “single story” about Haiti privileges the international community and overlooks the stories from Haitians who are working to rebuild and reimagine their own country. This article examines the personal stories of Haitians in order to better understand the nature of Haitian leadership in a neocolonial, post-disaster context.


ARISTO ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Vindhi Putri Pratiwi ◽  
Muhammad Eko Atmojo ◽  
Dyah Mutiarin ◽  
Awang Darumurti ◽  
Helen Dian Fridayani

The purpose of this research is to see the open selection mechanism in the government of Bantul district. Because the success of bureaucratic reform is a part of human resources within the government bureaucracy. Therefore it is necessary to have human resource management to realize a state of civil apparatus with integrity, professionalism and competence. In this study, researchers used qualitative approach methods. Where in the technique is done in-depth interviews to get information and gather other supporting documents on this research. Human resource management could be done by structuring employees through an open selection mechanism. The Government of Bantul District has conducted an open selection in structuring employees who are in their government. Because the open selection is considered a solution in the screening of the state civil apparatus. Moreover, the Bantul Government in the open selection process uses several stages including administration selection, competency tests, interviews, and paper presentations. With the existence of several stages carried out in the open selection process by the Bantul Government, it is expected to capture and create a state civil apparatus who are professional and competent in running of bureaucracy in the government. So the existence of the state civil apparatus competent then will be influenced in its performance.


Author(s):  
Indriyati Kamil ◽  
Oekan S Abdoellah ◽  
Herlina Agustin ◽  
Iriana Bakti

This article highlights the dynamics of geothermal energy in the Kamojang nature reserve in Indonesia. A nature reserve is a conservation area that must be protected and preserved, because it has unique flora and fauna, and rare ecosystems whose existence is threatened with extinction. After going through a long study process by an integrated team, the government finally made a policy to change the function of the nature reserve into a Nature Tourism Park. Changes in policy changes to the function of nature reserves cause pros and cons in the community, and cause conflicts between government and environmental activists. The purpose of this study is to identify the factors that cause changes in the function of nature reserves into natural tourism parks in the Kamojang conservation area of Indonesia, as well as to identify appropriate communication models in the management of geothermal energy through communication and environmentally sustainable approaches. Research findings show that the factors that cause changes in the function of nature reserves into tourist parks include; the interests of geothermal energy to meet national energy needs and electricity infrastructure, accommodate the needs of surrounding communities that utilize water resources in conservation areas, and restore ecosystems. The communication model for geothermal energy management that we propose at the same time is also a novelty namely; ecopopulism approach, negotiation approach, collaboration, and equating meaning and orientation to environmental sustainability. Type of Paper: Empirical Keywords: Geothermal Energy, Nature Reserves, Conservation Policies, Communication Models and Sustainable Development.


SUHUF ◽  
2015 ◽  
Vol 4 (2) ◽  
pp. 341-357
Author(s):  
Jonathan Zilberg

This article describes the conflicted genesis of the Museum Istiqlal, the history of  the creation of the collection, and the state of the institution relative to other Indonesian museums. It emphasizes both  positive developments underway and the historical problems facing the institution. Above all, it focuses on the role the museum was originally intended to serve for the Indonesian Muslim public sphere and the significant potential the museum has to better serve that mission in the national and international sphere. In short, the article emphasizes that in the context of the Government of Indonesia’s current four year plan to revive the museum sector, the problems and opportunities presented at the Museum Istiqlal are symptomatic of endemic national challenges for both the museum and the education sector.


2020 ◽  
Vol 140 ◽  
pp. 34-68
Author(s):  
Delphine Ackermann ◽  
Clément Sarrazanas

Abstract:No ancient source indicates when the agōnothesia, attested for the first time in 307/6 BC, was introduced in Athens. Scholars have long attributed its creation, along with the abolition of the liturgical chorēgia, to the government of Demetrius of Phalerum (317–307 BC), motivated by oligarchic ideology and a desire to preserve the wealth of rich citizens. This traditional thesis has recently been challenged, with some scholars attributing the creation of the agōnothesia to the restored democratic government of 307 BC and others to the government of Phocion (322–318 BC). A new look at epigraphical and literary documents hitherto neglected or imperfectly understood (especially from the Attic demes) allows the authors to establish that the liturgical chorēgia disappeared at the beginning of the government of Demetrius of Phalerum, around 316 BC. The institution of the agōnothesia had a precedent (hitherto overlooked) in Lycurgan Athens with the new festival of the Amphiaraia of 331 BC. Both measures were in fact consensual and must not be interpreted as strictly oligarchic in inspiration. The creation of the agōnothesia was above all a pragmatic response on Athens’ part to the major changes that occurred in the agonistic world in the late fourth century.


Processes ◽  
2021 ◽  
Vol 9 (6) ◽  
pp. 972
Author(s):  
Muhammad Mohsin ◽  
Qiang Zhu ◽  
Sobia Naseem ◽  
Muddassar Sarfraz ◽  
Larisa Ivascu

The mining industry plays a significant role in economic growth and development. Coal is a viable renewable energy source with 185.175 billion deposits in Thar, which has not been deeply explored. Although coal is an energy source and contributes to economic development, it puts pressure on environmental sustainability. The current study investigates Sindh Engro coal mining’s impact on environmental sustainability and human needs and interest. The Folchi and Phillips Environmental Sustainability Mathematics models are employed to measure environmental sustainability. The research findings demonstrated that Sindh Engro coal mining is potentially unsustainable for the environment. The toxic gases (methane, carbon dioxide, sulfur, etc.) are released during operational activities. The four significant environment spheres (atmosphere, hydrosphere, biosphere, and lithosphere) are negatively influenced by Thar coal mining. The second part of the analysis results shows that human needs and interests have a positive and significant relationship except for human health and safety with Sindh Engro coal mining. Environmental pollution can be controlled by utilizing environmentally friendly coal mining operations and technologies. Plantation and ecological normalization can protect the species, flora, and fauna of the Thar Desert. The government of Pakistan and the provincial government of Sind should strictly check the adaptation of environmental standards. Furthermore, the researchers should explore the environmental issues and solutions so that coal mining becomes a cost-efficient and environmental-friendly energy source in Pakistan.


Author(s):  
Suppanunta Romprasert ◽  
Korakot Kataboonyaruk ◽  
Natthacha Tangnititham ◽  
Tanyaluk Suwanthaijaroen ◽  
Maytavee Soonthornwattanachai ◽  
...  

Paper focuses on the renewable energy in Thailand. Objective is to compare risk on renewable energy and transportation consumption on biodiesel. It is using SWOT analysis and sustainable development theory as the tools. Besides, collecting data via questionnaire to investigate behaviors of people in having the ideas relating to biodiesel. The 52 responses from survey launching have returned. According to the results, the current consumption of biodiesel is still low because insufficient is on awareness of the consumers' trusts about biodiesel. Moreover, government's policy is not in good quality control. Biodiesel price has not been confirmed or set up in a clear standard that shows confidence in biodiesel to consumers. Remains adherence to diesel as it has been used for a longer period of time. Therefore, the risk of renewable energy in biodiesel is a relatively high risk. At the same time, in terms of environmental sustainability development, research results show that the use of biodiesel can help reducing air pollution at either PM 2.5 or global warming. Also, it would distribute an income to palm farmers. The results can be implemented for making improvements and suggesting recommendations to the government. A strengthening policy on renewable energy security and implement strategies is for solving various energy problems. With the concept of supporting research and development, it can create a wide range of knowledges, and the production of biodiesel as renewable energy. There should control the price structure, and the well quality practices to be fairly suitable in the nearly future. Keywords: Biodiesel, Consumption, Renewable Energy, Risk, Transportation


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