scholarly journals Constitutional court rejection on omnibus law

2021 ◽  
Vol 5 (S1) ◽  
pp. 1659-1670
Author(s):  
Hotma P. Sibuea
Keyword(s):  
Mass Media ◽  
Job Creation ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Information ◽  
Environmental Destruction ◽  
Other Information ◽  
Customary Rights ◽  
Data Collections ◽  
Derivatives Of

The purpose of this legal and constitutional study was to deeply understand the causes and impacts of rejection of the ratification of the Omnibus Bill and its derivatives of the Job Creation Bill by demonstrators consisting of students and laborers throughout Indonesia. To make it easier for us to understand the above problems, we have carried out a series of data collections since the Omnibus Bill was discussed until it was passed by Parliament and rejected by demonstrators. For data, secondary legal information in the form of legal publications, textbooks, journals, and court decisions related to the Omnibus Law and other information in the form of articles published in the mass media has also been used as data. Finally, we can conclude that the findings include: Several laws originating from the Omnibus law have legitimized environmental destruction, ignoring customary rights that are more environmentally friendly and sustainable. The majority of the Omnibus Law committee comes from the elite who do not think about the civilian element, including the new law derivative people.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals KONSEKUENSI YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XV/2017 TERHADAP TENAGA KERJA YANG MEMILIKI IKATAN PERKAWINAN DENGAN SESAMA TENAGA KERJA DALAM SATU PERUSAHAAN

2019 ◽  
Vol 14 (1) ◽  
pp. 36
Author(s):  
I Nyoman Agus Trisnadiasa ◽  
Dewa Putu Tagel
Keyword(s):  
Constitutional Court ◽  
Court Decisions ◽  
The Right

<p>The Problems that emerged in a marriage in Indonesia, visible seen in arrangement marriage in tje workplace, each worker / laborers in one company will undertake ongoing marriage, some companies both by the governmenr, and private, establishes a clause that limits the right to undertake ongoing marriage between workers/laborers in one company. That the existence of a clause the termination of employment, so that constitutional court thought the regulation contraty contrary constitutional the art 28D paragraph 1 the contitution of 1945 that everyone is entitled to form family and to survive through marriage legitimate. Expected for<br />company follow the constitutional court decisions.</p>

scholarly journals Model Pelaksanaan Putusan Mahkamah Konstitusi yang Eksekutabilitas Dalam Pengujian Peraturan Perundang-Undangan di Indonesia

BESTUUR ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 36
Author(s):  
I Gusti Ayu Ketut Rachmi Handayani ◽  
Lego Karjoko ◽  
Abdul Kadir Jaelani
Keyword(s):  
Secondary Data ◽  
Time Limit ◽  
Data Type ◽  
Constitutional Court ◽  
Court Decisions ◽  
Grace Period ◽  
The Future

<p><em>This research is motivated by the number of unimplemented Constitutional Court decisions, although the nature of the Constitutional Court 's rulings is final and binding. This form of work is ethical normative. That investigation is descriptive. The data type used is the secondary data. Secondary techniques for the processing of data were obtained through library work. Primary and secondary data were qualitatively analysed. The results of the study show that, first, the decision of the Constitutional Court, which is not implementing the compilation of its decision, does not include a time limit for its implementation, while the decision of the Constitutional Court, which contains a grace period, is quickly followed through the establishment of an invitation regulation. Second , the model of the future functional decision of the Constitutional Court is the decision of the Constitutional Court which contains a period of grace and the institutionalization by constitutional permit of constitutional questions.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Constitutional Court, time of grace and Issue of the Constitution.</em></p>

scholarly journals Conflict of Civil Society Movement and Government in the Process of Developing of The Job Creation Bill

PROPAGANDA ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 12-22
Author(s):  
M. Masad Masrur
Keyword(s):  
Conflict Resolution ◽  
Civil Society ◽  
Interest Groups ◽  
Judicial Review ◽  
Job Creation ◽  
Violent Conflict ◽  
Constitutional Court ◽  
Community Groups ◽  
Public Facilities ◽  
The Government

The discussion room for the Work Creation Bill is officially located at the DPR RI Building. The discussion, which involved various interest groups, was deemed insufficient to accommodate the “rejecting” aspirations expressed by various community groups. Several community groups who are members of various civil society movements, held demonstrations outside the DPR RI Building as a venue for discussion of the Job Creation Bill. Demonstrations that also took place in these areas have caused damage to public facilities. According to Habermas's opinion, this condition is the result of structural domination, where the ruling group directs various forms of policy with instrumental communication that will not create understanding. In agreement with Gramsci, in this case, there is a political hegemony between one group against another. The government, which has an interest in immediately completing the deliberation of the Job Creation Bill, through the power of political domination, seeks to exercise hegemony against the civil society movement, causing violent conflict. Conflict resolution in the discussion of the Work Creation Bill is structurally carried out by using the state law approach in accordance with the prevailing laws and regulations. In accordance with the mandate of the constitution, all matters relating to regulations, a judicial review can be carried out at the Constitutional Court.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018

2020 ◽  
Vol 26 ◽  
pp. 134-160
Author(s):  
Alexander Paterson
Keyword(s):  
South Africa ◽  
Natural Resources ◽  
Protected Area ◽  
Marine Protected Area ◽  
Customary Law ◽  
Constitutional Court ◽  
Eastern Cape ◽  
Customary Rights ◽  
The Republic ◽  
Law And Legislation

The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.

Indonesia

2019 ◽  
pp. 231-252
Author(s):  
Simon Butt ◽  
Prayekti Murharjanti
Keyword(s):  
Judicial Review ◽  
Pollution Control ◽  
Environmental Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Implementation Framework ◽  
Judicial Decisions ◽  
Waste Air ◽  
Judicial Reasoning

This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.

scholarly journals SOME NEWER CONCEPTS OF THE NATURAL DERIVATIVES OF HEMOGLOBIN

Blood ◽  
1946 ◽  
Vol 1 (2) ◽  
pp. 99-120 ◽  
Author(s):  
CECIL JAMES WATSON
Keyword(s):  
Pernicious Anemia ◽  
Diazonium Salt ◽  
Diagnostic Value ◽  
Total Serum ◽  
Bile Pigment ◽  
Essential Difference ◽  
Fundamental Interest ◽  
Erythrocyte Protoporphyrin ◽  
Other Information ◽  
Derivatives Of

Abstract The transition of hemoglobin to bile pigment, at least under normal conditions, is believed to occur via an intermediate biliverdin-globin-iron (verdohemoglobin) and not over the stages of hematin and protoporphyrin. It is probable that the next step is a reduction to bilirubin with splitting off of iron. There is much reason to believe that the globin remains attached until the bilirubin passes through the liver cell, bilirubinglobin exhibiting a delayed or indirect van den Bergh reaction and not being excreted in the urine; the sodium bilirubinate of the bile exhibiting a prompt (1') van den Bergh reaction and being readily excreted in the urine. The former type is characteristic of retention, the latter of regurgitation jaundice. The appearance of bilirubin in the urine is believed to be related to the concentration in the blood of the 1' or prompt bilirubin, rather than that of the total bilirubin. It is evident that the threshold may be considerably lower at the onset of jaundice, as, for example, in hepatitis, than during its defervescence. This undoubtedly accounts for the appearance of bilirubinuria prior to recognizable jaundice in certain instances, likewise for its presence in the cases of so-called "hepatitis without jaundice." In retention jaundice marked elevation of the total serum bilirubin is unassociated with bilirubinuria; in these cases the increase of bilirubin is mainly of the delayed or indirect reacting type. Further evidence is presented of the essential difference between the 1' or prompt, and the T minus 1', or delayed and indirect reacting bilirubins. This consists of a change of the order of reaction at one minute after adding the diazonium salt. The normal upper limit of the 1' bilirubin has been shown to be in the neighborhood of 0.2. mg. per 100 cc.; figures well below this value are usually obtained. Further experience with the erythrocyte protoporphyrin in the anemias has revealed that this determination, quite apart from its fundamental interest, is at times of diagnostic value. Thus in several instances a significant elevation of the erythrocyte protoporphyrin has indicated that the initial impression of pernicious anemia was incorrect, and has led to the search for other information. Conversely, a low normal value in the presence of anemia has often correctly indicated or confirmed the diagnosis of pernicious anemia. Marked elevations have aided in confirming the presence of iron deficiency and have given some insight into the degree of its severity and chronicity. In certain cases, high values for the erythrocyte protoporphyrin have suggested the possibility of heavy metal toxicity, the existence of which has then been borne out by subsequent study.

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