scholarly journals EXAMINING THE DRAFT CIPTA KERJA BILL IN THE PERSPECTIVE OF HUMAN RIGHTS TO ACHIEVE RESPONSIVE, ASPIRATIONAL AND PROGRESSIVE NATIONAL LAW DEVELOPMENT

2021 ◽  
Vol 12 (2) ◽  
pp. 1
Author(s):  
Rama Halim Nur Azmi

Abstract:President Joko Widodo in 2018 revealed the government's target of making a law by means of the omnibus law to overcome the existence of regulatory obesity and overlapping regulations in Indonesia. One of the sectors the government has targeted for the enactment of the omnibus law is the employment sector. The drafting of the omnibus law bill on labor began in 2019 with the target completed within 100 days. At that time the draft law was called the Draft Cipta Lapangan Kerja Bill. However, in the draft last in February 2020 the draft law was named the Draft Cipta Kerja Bill. According to the Chairperson of the People's Legislative Assembly, Puan Maharani, in the DraftCipta Kerja Bill, which was made in an omnibus law, consisted of 79 laws. In the Draft Cipta Kerja Billnotonly includes the employment sector but also other sectors such as the environment. However, the Cipta Kerja Bill has so far drawn rejection from the public, laborers, activists, academics, and practitioners because it is considered in the drafting of the Cipta Kerja Bill that it has problems both formally and materially, even according to some experts the Cipta Kerja Bill has the potential to violate human rights if authorized. In this paper, we will discuss the existence of the omnibus law as one of the mechanisms for the formation of laws and regulations and how the problems in the Draft Cipta Kerja Bill. The method used in this research is a normative juridical method with the statutory and comparative approach. The results of this study are an analysis of the existence of the omnibus law as one of the mechanisms for the formation of legislation and the existence of a picture and a critical attitude towards the issue of the Cipta Kerja Bill. So that through this paper, it can be seen whether the drafting of the Cipta Kerja Bill is intended for the interests of the people or only for the sake of investment which will certainly sacrifice human rights and harm national interests.   Keywords: omnibus law, Draft CiptaKerja Bill, employment, human rights.   Abstrak:Presiden Joko Widodo pada tahun 2018 mengungkapkan target pemerintah yakni membuat suatu undang-undang dengan cara omnibus law untuk mengatasi adanya obesitas regulasi dan tumpang tindihnya regulasi di Indonesia. Salah satu sektor yang menjadi target pemerintah untuk dibuatkan undang-undang omnibus law adalah sektor ketenagakerjaan. Penyusunan rancangan undang-undang omnibus law tentang ketenagakerjaan dimulai sejak tahun 2019 dengan target selesai dalam waktu 100 hari. Saat itu rancangan undang-undang tersebut dinamakan Rancangan Undang-Undang Cipta Lapangan Kerja. Namun, dalam draft terakhir pada Februari 2020 rancangan undang-undang tersebut bernama Rancangan Undang-Undang Cipta Kerja (RUU Cipta Kerja). Menurut Ketua Dewan Perwakilan Rakyat Puan Maharani dalam RUU Cipta Kerja yang dibuat secara omnibus law tersebut terdiri dari 79 undang-undang. Dalam RUU Cipta Kerja tersebut tidak hanya memuat tentang sektor ketenagakerjaan saja tetapi juga sektor-sektor lainnya seperti lingkungan hidup. Tetapi, RUU Cipta Kerja tersebut hingga saat ini menuai penolakan baik dari masyarakat, buruh, aktivis, akademisi, dan praktisi karena dinilai dalam penyusunan RUU Cipta Kerja tersebut memiliki masalah baik secara formil maupun materiil bahkan menurut sebagian ahli RUU Cipta Kerja berpotensi melanggar hak asasi manusia apabila disahkan. Dalam tulisan ini akan dibahas mengenai bagaimana keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan bagaimana permasalahan dalam RUU Cipta Kerja. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan peraturan perundang-undangan dan pendekatan perbandingan. Adapun hasil dari penelitian ini adalah adanya analisis terhadap keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan adanya suatu gambaran dan sikap kritis terhadap permasalahan RUU Cipta Kerja. Sehingga melalui tulisan ini dapat terlihat apakah penyusunan RUU Cipta Kerja memang diperuntukkan kepentingan rakyat atau hanya demi kepentingan investasi semata yang tentunya akan mengorbankan hak asasi manusia dan merugikan kepentingan nasional.   Kata Kunci:omnibus law, RUU Cipta Kerja, ketenagakerjaan, hak asasi manusia.  

2019 ◽  
Vol 6 (2) ◽  
pp. 92-113
Author(s):  
Ismail Angkat

Abstract: The purpose of this research is to know the factors underlying the conflict about the Pajangan sub-district in Bantul, and how to resolution conflicts involving the Pajangan sub-district by the government and the community. The informants in this study were mass organizations, civil society, community leaders, traditional leaders, and security forces in Pajangan District related to these cases. The research used in this research is descriptive qualitative research. The results of this study reveal the facts that occurred in the Pajangan sub-district was motivated by several factors in it is the socialization of the government related to the policy of setting the Pajangan sub-district head. The government is less open to the public regarding the policies issued. The policies issued by the government are not quite right. The policy is not in accordance with the culture of the people in the Display, although the Regent's policy does not violate the laws and regulations for the election of the camat. In addition, the community also understands the Regent's policy that can consider the cultural conditions in Pajangan, especially the people in Pajangan which are full of Muslims, and also supports the differences which are the main reason for the Pajangan community to reject the camat. The government and the community have taken several actions to resolve the conflict over the conflict, such as negotiation, mediation, and finally arbitration.Keywords: Leadership, Non-Muslim, and Bureaucracy


2017 ◽  
Vol 20 (2) ◽  
pp. 117
Author(s):  
Yogi Suprayogi Sugandi

Joko Widodo (Jokowi) is a leader that is widely expected to transform Indonesia into a better country. Hopes and wishes were rising when he was elected as the president of Indonesia. This paper will describe various innovations undertaken before and after his presidential inauguration as well as the assorted innovations made in reforming the administration of his cabinet. As the president of Indonesia, Joko Widodo is required to realize the aspirations of the people in freeing the government from corruption, collusion, and nepotism. The management of ministerial and non-ministerial institutions becomes the very first crucial issue undertaken by Joko Widodo. This led to a polemic in regards to reducing or increasing the number of institutions, as the Jokowi administration actually increased the amount. In Susilo Bambang Yudhoyono's administration, several policies were made systematically and based on legislations that had been approved by the lagislature. Joko Widodo's administration in more partial in nature. The administrative reform program that is highly anticipated is the continuation of the Public Service Act. This law is a step forward from the administrative reform program that aims at the creation of good governance. Changes is career path, salary system, pension and benefits for civil servants, performance-based staffing are various efforts of sustainability carried out by Joko Widodo's administration.


1999 ◽  
Vol 5 (1) ◽  
pp. 36-42
Author(s):  
David MAK

LANGUAGE NOTE | Document text in English; abstract also in Chinese.There has been tremendous progress made in the provision of recreation and sports facilities and programmes for the public in Hong Kong in the last 25 years, since the establishment of the former Recreation and Sports Service by the government in 1974 to organize recreation and sports activities for the public in the districts. This paper attempts to review the development of recreation and sports in Hong Kong in the last 25 years from 1974 to 1999 and make suggestions to improve the leisure delivery system in order to provide a better service for the people of Hong Kong.自從康樂體育事務處於一九七四年在本港地區推行康樂體育活動計劃後,香港的康體發展一日千里,獲得美滿成績。本文將探討由一九七四年至一九九九年過往二十五年來的康體發展,並建議如何改善現有推行康體事務機構的政策,從而爲香港市民提供一個更有效的服務。


2020 ◽  
Vol 1 (1) ◽  
pp. 23
Author(s):  
Yesi Nurmantiyas Sari ◽  
Rizal Nugroho ◽  
Al Khanif

Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation. 


2021 ◽  
Vol 9 (8) ◽  
pp. 226-229
Author(s):  
Mangal Sing Kro

The public representatives have often spoken on the change as well as about New India. What is New India? The answer to this question will depend on the result or the outcome of their actions. The ruling government has been changing and modifying some existing laws and regulations through the parliament imbibing their ideologies. The government which was influenced by neo-liberalists has already privatized some public running enterprises. Many people criticize this ruling government and have called it the less liberal and less democratic style of governance. The questions of freedom associated with religion, expression etc. are often raised by the people during this government.    


2021 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Orias Reizal De Rooy ◽  
Hendrik Salmon ◽  
Reny Heronia Nendissa

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.


FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 129
Author(s):  
Zulkarnain Ridlwan ◽  
Zainal Arifin Mochtar

The evaluation of the DPR's oversight function always considered not to represent the will of critical supervision of the people in almost every DPR's performance satisfaction survey. The DPR Committees institutionally the main actor of supervision, but has not been effective. 11 DPR committees compared to 113 work partners suspected to be one of the causes. Committees formed by DPR and can be adjusted according to needs. Based on a comparative approach on regulations in the US Congress and the British Parliament, it is recommended to narrow the oversight work by increasing the number of DPR committees to balance a large number of partners. The division of supervision work into more committees makes the scope of work narrow so that supervision is more focused. Changes in the arrangement of the number of committees in Law 17/2014 and the DPR 2014 Rules of Conduct need to be done by stating the maximum number of five working partners for each committee. The creativity of the committee to form sub-committees in accordance with needs must also be confirmed in the 2014 DPR Rules of Conduct. Such regulation is expected to make the performance of checks and balances between the DPR and the Government be better assessed by the public as a unitary presidential government system, namely a presidential system that better represents the will of the people's supervision. 


Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries


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