scholarly journals IMPLIKASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA BAGI KEMAJUAN INDUSTRI PERTAHANAN INDONESIA (Implication of Law No. 11 of 2020 on Job Creation for the Advancement of Indonesian Defence Industry)

2021 ◽  
Vol 3 (1) ◽  
pp. 23
Author(s):  
Bernhard Ruben Fritz Sumigar
Keyword(s):  
Private Sector ◽  
House Of Representatives ◽  
Job Creation ◽  
Territorial Integrity ◽  
Industry Sector ◽  
Defence Industry ◽  
The Future ◽  
The Republic ◽  
The Government

<p><em>The superiority of a country in defending its sovereignty and territorial integrity can no longer be directly measured by the amount of military infrastructure it has, however it should also be viewed from the aspect of a country’s ability to build a domestic defence industry that can be useful for meeting national and other countries’ needs. As an effort to develop the defence industry ecosystem in Indonesia, in 2020 the Government of the Republic of Indonesia and the Indonesian House of Representatives enacted Law No. 11 of 2020 on Job Creation (Job Creation Law), one of which regulates the opening of opportunities for the private sector to participate in the development of defence industry sector, thereby automatically changing previous arrangement in Law No. 16 of 2012 on Defence Industry. In this article, the author considers that the changes in the Job Creation Law provisions can bring four advantages to the improvement of the Indonesian defence industry in the future.</em></p>

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
Keyword(s):  
House Of Representatives ◽  
Government Regulation ◽  
Job Creation ◽  
Secondary Data ◽  
Civil Society Organizations ◽  
The Rule Of Law ◽  
The Republic ◽  
The Government ◽  
The Impact ◽  
Accurate Reporting

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.

scholarly journals The Legal Protection for Female Workers in the Perspective of Islamic Law and Law No. 11 Year 2020 on Job Creation

2021 ◽  
Vol 2 (4) ◽  
pp. 524-534
Author(s):  
Ismail Koto ◽  
Ida Hanifah
Keyword(s):  
House Of Representatives ◽  
Islamic Law ◽  
Job Creation ◽  
Legal Protection ◽  
Literature Study ◽  
Conceptual Approach ◽  
Female Workers ◽  
The Republic ◽  
The Government ◽  
Special Rights

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.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals ANALISIS IMPLEMENTASI PROGRAM JAMINAN PERSALINAN DI PEMERINTAH DAERAHKOTA TANJUNGBALAI TAHUN 2019

2021 ◽  
Vol 29 (2) ◽  
pp. 57
Author(s):  
Heri Rahman ◽  
Matius Bangun
Keyword(s):  
Swot Analysis ◽  
City Government ◽  
Implementation Evaluation ◽  
Education And Health ◽  
Insurance Program ◽  
The Future ◽  
The Republic ◽  
The Government ◽  
The Relationship ◽  
North Sumatra

Law of the Republic of Indonesia No.36 of 2009 concerning Health, article 17 paragraph 1 states that the government is responsible for the availability of access to information, education and health service facilities, one of which is the Maternity Insurance Program (Jampersal). This is what researchers do about how it is implemented in the Municipality of Tanjungbalai, North Sumatra. Implementation evaluation is carried out on the objectives, accountability and input provided for improvement in the future. The results showed that the implementation of childbirth insurance in Tanjungbalai City has not been running optimally so it needs improvement in the future both in structural synergy, namely the relationship between central and regional as well as in harmony, namely functionally between other related agencies in the Tanjungbalai City Government. From the SWOT analysis carried out, namely analyzing the Internal Strengths and Weaknesses and the External Opportunities and Threats factors, it shows the position of the Tanjungbalai City Government is in Quadrant I (first) with an Aggressive Strategy, namely using existing strengths to take advantage of the opportunities available.

scholarly journals CONSTRUCTION RIPPLE PHENOMENON AND THE RISE OF ‘GENERIC BUILDINGS’ IN YOGYAKARTA

2019 ◽  
Vol 12 (2) ◽  
pp. 87
Author(s):  
Trias Mahendarto
Keyword(s):  
Private Sector ◽  
Rapid Development ◽  
Unique Characteristic ◽  
Planning Stage ◽  
The Past ◽  
The Future ◽  
The Government ◽  
The City ◽  
Economic Modernization ◽  
Urban Characteristics

Abstract: Starting from the past decade, Indonesia is growing rapidly in the construction of infrastructures that are being fully supported by the government in order to reach the goal of becoming one of the leading countries in the future. Such development created the construction ripple phenomenon that was instigated by the private sector to fill the construction voids left by the rapid development of infrastructure, and it pressurizes cities to grow or change in order to coup with the infrastructure advancements. This phenomenon has affected the cities in Indonesia, even those that are not considered as the planned centers of developments, such as Yogyakarta. Yogyakarta is experiencing the effects of the ripple in the form of the rising number of generic buildings that are spreading fast around the city. This will, in turn, dictate the future of Yogyakarta’s ever-evolving Genius Loci. This research will see how much the construction ripple phenomenon has affected the city of Yogyakarta by conducting surveys on the generic buildings that have been built or in the planning stage of construction. A thorough analysis will be then made, also by conducting literature studies, to conclude the ways and steps to try maintaining Yogyakarta’s unique characteristic as a city in the ever-growing pressure of economic modernization that is currently spreading throughout Indonesia. If these steps are being done correctly, then Yogyakarta can become one of the examples of how cities in Indonesia coup with the construction ripple phenomenon without can losing its unique urban characteristics. Keywords: construction ripple phenomenon, Yogyakarta, Generic buildings, Genius LociAbstrak: Semenjak decade terakhir, Indonesia sedang mengalami perkembangan signifikan di bidang pembangunan infrastuktur yang didukung penuh oleh Pemerintah agar dapat mengejar target untuk menjadi salah satu negara maju di masa depan. Perkembangan tersebut memunculkan fenomena ‘construction ripple’, yang didorong oleh sektor swasta untuk mengisi kekosongan pembangunan karena pemerintah hanya berkonsentrasi pada pembangunan infrastuktur, dan hal tersebut menekan kota-kota untuk berkembang atau berubah. Fenomena ini telah terjadi di berbagai kota di Indonesia, bahkan di kota yang tidak menjadi pusat perkembangan infrastuktur, seperti kota Yogyakarta. Yogyakarta sedang mengalami efek dari fenomena ini dalam bentuk munculnya bangunan generik yang tersebar luas di seluruh kota. Perkembangan ini akan mempengaruhi masa depan Genius Loci kota Yogyakarta, yang terus berevolusi. Penelitian ini melihat sejauh mana bangunan generik mempengaruhi kota Yogyakarta, melalui survey bangunan generik yang terbangun atau sedang dalam proses pembangunan. Analisis mendalam dilakukan, dengan disertai studi literatur, untuk melihat cara menjaga keunikan kota Yogyakarta terhadap tekanan pembangunan yang terus terjadi. Diharapkan kota Yogyakarta menjadi contoh kota-kota di Indonesia menerima efek fenomena ‘construction ripple’ tanpa kehilangan kekhasan.Kata kunci: construction ripple phenomenon, Yogyakarta, bangunan generik, Genius Loci

scholarly journals The Political Process in the Preparation of Public Policy A Case Study on the Preparation of the Constitution of Oil and Gas in the Republic of Indonesia’s House of Representatives

2019 ◽  
Vol 10 (1) ◽  
pp. 88-111
Author(s):  
Julizar Idris ◽  
Abdul Hakim ◽  
Sarwono Sarwono ◽  
Bambang Santoso Haryono
Keyword(s):  
Public Policy ◽  
House Of Representatives ◽  
Oil And Gas ◽  
Political Process ◽  
Secondary Data ◽  
Policy Formulation ◽  
The Political ◽  
The Public ◽  
The Republic ◽  
The Government

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.

scholarly journals Menakar Konstitusionalitas Syari’at Islam dan Mahkamah Syar’iyah di Provinsi Aceh

2019 ◽  
Vol 16 (3) ◽  
pp. 606
Author(s):  
Hani Adhani
Keyword(s):  
House Of Representatives ◽  
Historical Study ◽  
Constitutional Court ◽  
High Court ◽  
Technical Management ◽  
Aceh Province ◽  
The Law ◽  
The Republic ◽  
The Government

Salah satu point penting yang diatur dalam perjanjian Helsinki terkait dengan penegakan hukum di Aceh adalah diberlakukannya Qanun dengan tujuan untuk menghormati tradisi sejarah Islam dan adat istiadat rakyat Aceh yang mayoritas muslim. Selain itu, untuk mensinergikan antara Qanun dengan pengadilan, maka di Provinsi Aceh dibentuk suatu sistem peradilan Syar’iyah yang tidak memihak dan independen, termasuk pengadilan tinggi yang tetap merupakan bagian dari sistem peradilan Republik Indonesia. Pembentukan Pengadilan Syar’iyah di Provinsi Aceh merupakan salah satu upaya untuk membuat kekhususan sebagaimana diatur dalam perjanjian Helsinki pada tahun 2005.  Namun, dalam dataran teknis pengaturan manajemen pengadilan Syar’iyah juga masih terkendala khususnya oleh karena adanya dua aturan hukum yang berlaku yaitu Qanun yang dibuat oleh Dewan Perwakilam Rakyat Daerah Provinsi Aceh dan undang-undang yang dibuat oleh Dewan Perwakilan Rakyat beserta Presiden. Hal tersebut berakibat Undang-Undang Pemerintahan Aceh yang mengatur tentang teknis pengaturan pengadilan Syar’iyah dan pembuatan Qanun juga banyak di lakukan judicial review ke Mahkamah Konstitusi. Tulisan ini bertujuan untuk melakukan analisa tentang efektifitas pemberlakukan Qanun dan pengadilan Syar’iyah di Provinsi Aceh pasca di undangkannya Undang-Undang Pemerintahan Aceh. Adapun tulisan ini dibuat dengan menggunakan metode penulisan normatif dengan pendekatan studi historis dan pendekatan studi kasus. Hasil penelitian menunjukkan bahwa pengadilan Syar’iyah yang telah dibentuk di Provinsi Aceh meski pada awalnya mengalami kendala namun dapat berjalan baik. Adanya kekhususan yang diberikan kepada Provinsi Aceh merupakan bagian dari upaya untuk menjalankan amanat konstitusi khususnya Pasal 18B UUD 1945.Kata kunci: Qanun, Pemerintahan Aceh, Mahkamah Syar’iyah, Mahkamah Konstitusi. Abstract One crucial point stipulated in the Helsinki agreement related to law enforcement in Aceh is the enactment of the Qanun with the aim of respecting Islamic historical traditions and the customs of the Acehnese people who are predominantly Muslim. Besides, to synergise between the Qanun and the court, in the Province of Aceh a Syar'iyah justice system was formed which was impartial and independent, including a high court which remained part of the judicial system of the Republic of Indonesia. The establishment of the Shariah Law in Aceh Province was one of the efforts to make it specific as stipulated in the Helsinki agreement in 2005. However, in the field of technical management of the Syariah court management is also still constrained especially due to the existence of two applicable laws namely the Qanun made by the Aceh Province Regional People's Representative Council and laws made by the House of Representatives and the President. This resulted in the Law on the Government of Aceh governing the Syar'iyah court and the Qanun being judged by the Constitutional Court. This paper aims to analyse the effectiveness of the implementation of Qanun and the Syar'iyah court in Aceh Province after the enactment of the Law on the Governing of Aceh. The writing is made using normative writing methods with historical study approaches, and case study approaches. The results of the study showed that the Syar'iyah court which had been formed in the Aceh Province even though initially had problems but could work well. The specificity given to the Aceh Province is part of an effort to carry out the mandate of the constitution, especially Article 18B of the 1945 Constitution. 

scholarly journals KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Vice President ◽  
Executive Branch ◽  
Constitutional Court ◽  
State Institutions ◽  
The Supreme Court ◽  
Election Results ◽  
The Republic ◽  
The Government

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

scholarly journals The Development of Village Authority in the History of the State of the Republic of Indonesia (Study on Village Level Autonomy)

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Maurice Rogers ◽  
Keyword(s):  
House Of Representatives ◽  
Secondary Data ◽  
The Political ◽  
Government Regulations ◽  
History Of ◽  
Special Concern ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
The Village

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).

scholarly journals Legal Policy in Village-Owned Enterprises After the Enactment of the Law on The Job Creation In The Framework of Village Society Welfare

2021 ◽  
Vol 9 (3) ◽  
pp. 567
Author(s):  
Fatkhul Muin
Keyword(s):  
Rural Communities ◽  
Government Regulation ◽  
Job Creation ◽  
Social Engineering ◽  
Community Empowerment ◽  
Village Community ◽  
The Republic ◽  
Legal Policies ◽  
The Government ◽  
The Village

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

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