scholarly journals Impact of the Omnibus Law/Job Creation Act in Indonesia

2020 ◽  
Vol 8 (`10) ◽  
pp. 266-281
Author(s):  
Hadry Harahap ◽  
B. F. Sihombing ◽  
Adnan Hamid

The purpose of this research is to analyze the impact of the Omnibus Law/Job Creation Act related to the discussion process and post-endorsement by the legislature, the House of Representatives of the Republic of Indonesia. This research uses the normative juridical method, which is a legal research conducted by examining library materials. or secondary data and carried out with descriptions, measurements and accurate reporting of the characteristics of some of the phenomena under study. The findings of this study are that the government and legislature in the process and discussion tend to conflict with the 1945 Constitution article 1 paragraph (3), article 27 paragraph (1), and article 28 paragraph (5) and Law No.12 of 2011. regarding the Formation of Legislative Regulations as updated by Law No.15 of 2019 . Pancasila as a philosophische grondslag is stated in the Preamble of the 1945 Indonesian Constitution which means that Pancasila is positioned as a source of constitutional law in Indonesia, is an inspiration for the formation of the rule of law in Indonesia.  As a result, civil society organizations oppose and reject this regulation so that it is hoped that President Joko Widodo can issue a Government Regulation in Lieu of Law.

2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.


2019 ◽  
Vol 10 (1) ◽  
pp. 88-111
Author(s):  
Julizar Idris ◽  
Abdul Hakim ◽  
Sarwono Sarwono ◽  
Bambang Santoso Haryono

Abstract Public policy formulation as a political process is a dynamic formulation of policies involving many actors, ranging from the executive, legislative, academic, to non-governmental organizations. The purpose of this study was to find out the political process of drafting the Oil and Gas Law and determine the model for the formulation of the Oil and Gas Law in the Republic of Indonesia’s House of Representatives. This research method uses a qualitative approach, through observation, in-interview techniques and documentation of secondary data in the process of collecting data. Data analysis using the Interactive Model method by Miles & Huberman's. The results of the study indicate that the political process of drafting the Constitution of Oil and Gas takes place in the following stages: planning, drafting and discussion. Politically, the planning of the Constitution of Oil and Gas comes from several sources: (1) the bill from the President; (2) the bill from the House of Representatives; and (3) the bill from the Regional Representative Council. The long political process in the public policy formulation in the House of Representatives starts from the process of inventorying input from factions, commissions, and the public to be determined as a Legislative Body decision, then the decision is to be consulted with the Government; afterwards, the results of the consultation are reported to the Plenary Session to make the decision.


Author(s):  
Maurice Rogers ◽  

This study examines the development of village authority arrangements, since the independent Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and Implementing Government Regulations. The purpose of this study is to understand the legal basis of village authority in Indonesia after the independence of the Republic of Indonesia until the issuance of Law Number 6 of 2014 concerning Villages and to find out the development of the political direction of the government's law regarding village regulations related to the authority of the village government. The research method uses the type of research that researchers use is normative legal research. Obtaining data from library materials or secondary data, then the technique of collecting data or legal materials in this research is carried out by literature/documentation studies. This research uses a statute approach and a historical approach, which is carried out to track the history of legal institutions from time to time. This research produces an overview of the journey of regulating village authority, the ups and downs of village authority can be seen from the successive Laws of Regional and Village Governments, relating to the existence of village governments within the framework of the Unitary State of the Republic of Indonesia. The conclusions that can be drawn from this research are regarding. These include: The existence of ups and downs regarding the regulation of village authority, both at the level of law and at the level of government regulations, the existence of the political will of the government to restore the existence of the village, which actually existed before the birth of the Republic of Indonesia, as well as the growing recognition of village autonomy and Traditional villages are of special concern to legislators (the President and the House of Representatives).


2021 ◽  
Vol 9 (3) ◽  
pp. 567
Author(s):  
Fatkhul Muin

The essence of law is to provide welfare to the society. Law as a tool of social engineering for society makes people obey it. Dynamic legal developments encourage progress towards society from various aspects of people's lives. One of them, the enactment of Law No. 11 of 2020 on Job Creation, encourages changes to the order of setting norms that affect other laws that are affected by it. One of those affected by the Job Creation Act is the establishment of BUMDes (Village-Owned Enterprises). Through the provisions of Article 117 and Article 185 b of Law Number 11 of 2020 concerning Job Creation, the government needs to establish a derivative norm that regulates Village-Owned Enterprises. In 2021, the Government issued a regulation related to Village-Owned Enterprises, which is Government Regulation of the Republic of Indonesia Number 11 of 2021 concerning Village-Owned Enterprises. In this provision, it is stated that Village Owned Enterprises, hereinafter referred to as BUMDes, are legal entities established by the village and/or together with villages to manage businesses, utilize assets, develop investment and productivity, provide services, and/or provide other types of business for the maximum welfare of the Village community. In a nutshell, the existence of Village-Owned Enterprises aims to prosper the village community, with the type of business sector owned and support the productivity of rural communities based on village community empowerment. In this study, a legal approach was used with the aim of exploring legal policies towards BUMDes with the enactment of the Job Creation Act. Keywords: Job Creation Act, BUMDes, welfare


2019 ◽  
Vol 3 (3S) ◽  
pp. 107-109
Author(s):  
Azwar Azwar ◽  
Nur Hidayah ◽  
Andi Adriana Amal ◽  
Syamsiah Rauf

The high number of nurses who work can illustrate that nurses have an important role in improving health status so that strategic steps are needed in managing nursing staff in a better direction. As for the impact caused by uncontrolled nursing staff is dissatisfaction with nurses nurses so that the decline in nurse performance in providing nursing care to patients so that nurse satisfaction is an indicator that must be considered by all parties concerned. The solution to this problem is the issuance of the Government Regulation of the Republic of Indonesia through the ministry of health which has issued a policy regarding nurses' career paths as an embodiment in improving the quality of nursing staff and is expected to be able to increase nursing staff satisfaction. The writing of this article aims to see how the career path influences the satisfaction of nurses in the hospital. Literature and research review was carried out using several databases: 12 articles from Google Scholar and Pubmed with key words in nurse careers, performance, nurses and nurse satisfaction with career paths. From the results of a review of several journals included in the inclusion criteria, it was found that nurses' career paths had good effectiveness towards increasing nurse satisfaction, this can be seen by the existence of a continuous education system and work rewards that are owned by the career level system.


Subject The impact of the Nicaraguan Investment Conditionality Act. Significance In late September, the US House of Representatives approved a new legislative proposal called the Nicaraguan Investment Conditionality Act (NICA). The NICA is designed to prevent the government of President Daniel Ortega from gaining access to international financing until he introduces reforms "that promote democracy, strengthen the rule of law, respect human rights, and celebrate free, fair, and transparent elections supervised by electoral observers." Impacts US-Nicaragua relations will deteriorate further, particularly if Washington criticises an Ortega victory in November. The lack of international observers at the polls will exacerbate concerns, lending weight to US efforts to curtail international funding. Protests against the Nicaragua canal will increase, with many using them to express their general opposition to the Ortega government.


2021 ◽  
Vol 20 (1) ◽  
pp. 11-23
Author(s):  
Sofiri Joab-Peterside

After half of a century as a major oil producer, the Nigerian economy is yet to diversify; thus, remains dominated by primary activities. Whereas oil and gas activities directly employ a negligible number of Nigerians, the industry impacts on the overall economy of the country. However, with large resource windfalls, limited technical capacity, and weak check and balances, the scope for inefficiency, corruption, and elite capture of Nigeria‘s oil-driven economy is substantial. Consequently, the arrival of COVID-19 further exposed the fragility of the economy. As a theoretical paper, the researcher relied on data from secondary sources which yielded quantitative and qualitative information. The secondary data were derived mainly from journals, books and empirical case studies on the impact of pandemics on global production of petroleum, the Nigerian economy, and the overall social sector. News media analysis, government bulletins, and relevant data from civil society organizations, State Security Forces, and Corporate organizations on the debilitating consequences of the COVID-19 pandemic were also reviewed. The paper revealed that the socio-economic implications of the pandemic derived from fall in global oil price, policy interventions by the government such as bans on certain types of activities, closure of borders, state lockdowns, school closure and social distancing policies, all of which resulted in disruptions felt in all the sectors of the economy and society. Thus, it is suggested here that efforts must be made to address poverty just as there is an urgent need to improve on the healthcare sector. Unemployment should be tackled positively while government should place greater emphasis on technology and other modern methods of imparting knowledge.


2021 ◽  
Vol 17 (1) ◽  
pp. 67-72
Author(s):  
Ultach Enri ◽  
Eka Puspita Sari

Since the positive case of covid-19 in Indonesia, the government has taken several policies with the purpose of controlling the spread of the covid-19 virus, which has been regulated in Government Regulation No. 21 of 2020.  The purpose of research is to obtain a model of government policy in controlling cases of covid by using data mining classification techniques, and obtain attributes that have the greatest weight, as well as look at the impact of policies that have been carried out by the government on the cases of covid-19 in Indonesia. The methodology used in the research is Knowledge Discovery In Database (KDD). Based on the research that has been done, it can be concluded that the policies that have been done by the government in controlling cases of covid-19 can be said to be successful, the C4.5 algorithm is the algorithm that gives the best results compared to the Deep Learning algorithm, as well as the attribute that has the greatest weight is cancel public events. Secondary data will be used in this research.


2019 ◽  
Vol 7 (12) ◽  
pp. 1-18
Author(s):  
Theo Negoro ◽  
Demson Tiopan ◽  
Haykal Hassanain

A community organization who contradicts the constitution will obviously disturb the common order and also disturb the system of Indonesian people and the nation itself, especially if such organization aims to change the Indonesian constitution. In Chapter XVII of Law Number 17 of 2013 regarding Community Organization, later known as the Community Organization Law, it is stated that the disbanding of community organization must go through a procedure which consist of a warning, temporary suspension and then the disbanding by the court of law. In the Community Organization Law, the disbanding of an organization is done by a Judicative Institution which is through the decision of a judicial board. However, the Government Regulation in Lieu of Law Number 2 of 2017 regarding the Amendment on Law Number 17 of 2013 regarding Community Organization, later known as the Government Regulation in Lieu of Community Organization Law states that the disbanding of a Community Organization contradicting the constitution only goes through the administrative admonition, temporary suspension of activity, and later the revocation of listed certification or the revocation of lawful institution status by the Government. The purpose of this research is to discover the authority of National Institution in disbanding Community Organization that contradicts the 1945 Constitution of the Republic of Indonesia and also the authoritative obstacle faced by the national institution in dissolving such organizations. This research is a normative one which researched existing secondary data as a literary data supported by empirical data acquired from interview processes. Result of the research shows that the governmental institution which in this case are the Ministry of Law and Human Rights and Judicative Institution which in this case the Supreme Court has authority to disband Community Organizations that contradicts the 1945 Constitution of the Republic of Indonesia based on normative terms. However, in order to establish justice on said organization, the disbanding must be done by Judicative Institution so that it is more objective, but not by the Supreme Court, but by the Constitutional Court, due to the existence of Public Organizations being closely related to the Constitutional Right the way it is for the Political Parties. This research suggests that the disbanding of Community Organizations that contradicts the 1945 Constitution of the Republic of Indonesia should be done by the Constitutional Court, preceded by material check on the applicable positive law.   Keywords: Authority; National Institution; Community Organization; Constitution


2021 ◽  
Vol 2 (4) ◽  
pp. 524-534
Author(s):  
Ismail Koto ◽  
Ida Hanifah

On Monday, 5 October 2020, the Draft Law on Job Creation was ratified by the House of Representatives of the Republic of Indonesia and the manuscript was signed by the government on November 3, 2020. Therefore, since November 3, 2020, the Draft Law on Job Creation promulgated in Law Number 11 Year 2020 on Job Creation. Based on the existing official text, the researcher intended to compare the rights of female workers as regulated in Law Number 13 of 2003 on Manpower with Law Number 11 of 2020 on Job Creation. The research method used in this study was a normative juridical research, with a statutory and conceptual approach, descriptive analytical research specifications, data collection by literature study, and qualitative data analysis. The protection of female workers as referred to in the previous labor law was still valid and was not discussed at all in Law Number 11 of 2020 on Job Creation. Therefore, it could be ascertained that the refusal of workers during the process of the Draft Law on Job Creation is wrong. The article which was amended related to the protection of female workers did not change the substance of the protection of female workers as previously regulated through Law Number 13 Year 2003 on Manpower. The Qur'an has been explained that people need to provide special rights for female workers. Explicitly, there is no verses in the Qur'an that mentioned the word 'special rights for female workers'. However, implicitly, there were general arguments based on the verses in the Qur'an that could be used as a basis for granting this right. Some of the special rights of female workers were implicitly communicated in Islamic teachings.


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