scholarly journals Transplantation, Legal Adoption, Harmonization of OMNIBUS LAW and Investment Law

2021 ◽  
Vol 21 (4) ◽  
pp. 507
Author(s):  
Syprianus Aristeus
Keyword(s):  
Conflict Of Interest ◽  
Political Process ◽  
Job Creation ◽  
Scientific Paper ◽  
Legal Policy ◽  
Legal Norms ◽  
Investment Law ◽  
Regulatory Barriers ◽  
The Government ◽  
Corrupt Behavior

The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a “practical and pragmatic” solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.

scholarly journals Legal Policy of The Government of Indonesia for the Protection of Non-Permanent Workers’ Rights

2017 ◽  
Vol 3 (4) ◽  
pp. 34-40
Author(s):  
Jelly Leviza ◽  
T. Keizerina Devi
Keyword(s):  
Government Policy ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Policy ◽  
Daily Work ◽  
Legal Norms ◽  
Employment Agreement ◽  
The Government ◽  
Permanent Workers ◽  
Ministerial Decree

Legal protection against a daily work is very urgent today given the increasing number of them. Governments have an obligation to ensure the protection of the rights of them. This study discusses two subjects. The first is the inventory of labour rights according to the constitution and rules of normative and the implementation for daily work. The second is the substance of the government’s policy to accommodate the protection of the rights of workers based on the Ministry of Manpower and Transmigration Republic of Indonesia Number: Kep.100 / Men/VI/2004 about the Provisions in the Implementation of Given Time Employment Agreement. The purpose of this study was to determine the protection of the constitutional and normative rights for daily workers. Next to determine the legal policy of the Indonesian government in providing protection to daily workers through Ministerial Decree No. 100/2004. Normative methods used to analyze the legal norms applicable in Indonesia governing the protection of daily workers. Based on this method, the portion of the protection of the rights of workers will be known. The results of this research are that the rights of an employee still do not fulfil the rights of workers constitutively and normatively. Government policy in the protection of daily workers was still not enough to provide legal certainty, usefulness, and fairness for workers. The government’s policy regarding the rights of daily workers still needs to be improved in order to accommodate the rights of daily workers.

scholarly journals CORRUPTIBILITY OF LEGAL RULES:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Tuyana Ch. Sharakshinova ◽  
Ravia F. Stepanenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Legal Norm ◽  
Legal Norms ◽  
Legal Rules ◽  
State Coercion ◽  
The Russian Federation ◽  
The Government ◽  
Corrupt Behavior

The article considers the problem of corruptibility of legal rules. The author proceeds from the fact that some legal norms stimulate illegal corrupt behavior of participants in public relations. The task is to explain how corruptibility affects the generally recognized properties of the legal rules. The author describes the distortion of such properties of a “healthy” legal norm as formal certainty, general obligatoriness, systemic interconnection and provision with the state coercion power. We analyzed the “Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” approved by the Government of the Russian Federation. We established the correspondence of corruptibility factors given in the Methodology to negative modifications of the properties of a “healthy” legal norm. We specifically considered various aspects of systematicity in the context of the concept of corruptibility. We revealed the interdependence of the properties of a corruptogenic norm. It is concluded that the primary textual uncertainty creates uncertainty in the consequences, destinations and systemic relationships of the corruptogenic norm, which is eliminated in the course of interaction between the corrupt person and the corrupt official. The corruptogenic norm, while not being essentially legal, continues to be provided by the state coercion power and remains connected with other norms and institutions that are part of the legal system until it is identified as corruptogenic, distorting their meaning and adoption purpose

The Agrarian Question in Contemporary Zimbabwe

2019 ◽  
Vol 49 (1) ◽  
Author(s):  
Toendepi Shonhe
Keyword(s):  
Capital Accumulation ◽  
Crop Production ◽  
Job Creation ◽  
Food Crop ◽  
Contract Farming ◽  
Agrarian Question ◽  
Food Crop Production ◽  
The Government ◽  
Agrarian Transition ◽  
Depth Interviews

The reinvestment of rural agrarian surplus is driving capital accumulation in Zimbabwe's countryside, providing a scope to foster national (re-) industrialisation and job creation. Contrary to Bernstein's view, the Agrarian Question on capital remains unresolved in Southern Africa. Even though export finance, accessed through contract farming, provides an impetus for export cash crop production, and the government-mediated command agriculture supports food crop production, the reinvestment of proceeds from the sale of agricultural commodities is now driving capital accumulation. Drawing from empirical data, gathered through surveys and in-depth interviews from Hwedza district and Mvurwi farming area in Mazowe district in Zimbabwe, the findings of this study revealed the pre-eminence of the Agrarian Question, linked to an ongoing agrarian transition in Zimbabwe. This agrarian capital elaborates rural-urban interconnections and economic development, following two decades of de-industrialisation in Zimbabwe. 

Frozen Negotiations: The Peace Process in Chiapas

2006 ◽  
Vol 22 (1) ◽  
pp. 131-152 ◽  
Author(s):  
Raúúl Beníítez Manaut ◽  
Andrew Selee ◽  
Cynthia J. Arnson
Keyword(s):  
Armed Conflict ◽  
Democratic Transition ◽  
Political Process ◽  
Peace Process ◽  
Democratic Society ◽  
The Political ◽  
Peace Agreement ◽  
The Past ◽  
The Government ◽  
Better Than

Mexico's democratic transition has helped reduce, if not eliminate, the threat of renewed armed conflict in Chiapas. However, absent more active measures from the government and the Ejéército Zapatista de Liberacióón Nacional (EZLN) to seek a permanent peace agreement and come to terms with the legacies of the past, the conflict will linger on in an unstable déétente, which we term ““armed peace.”” While this situation is far better than the open hostilities of the past, it also belies the promise of a fully democratic society in which all citizens are equally included in the political process. La transicióón democráática en Mééxico ha contribuido a reducir, si no eliminar, la posibilidad de que el conflicto armado en Chiapas se reanude. Sin embargo, sin esfuerzos mas activos por parte del gobierno y del Ejéército Zapatista de Liberacióón Nacional (EZLN) para buscar un acuerdo de paz permanente y saldar cuentas con el pasado, el conflicto permaneceráá en un estado inestable que llamamos ““paz armada””. Aunque esta situacióón es mucho mejor que las tensiones y agresiones del pasado, no cumple los requisitos de una sociedad plenamente democráática en que todos los ciudadanos participan en condiciones de igualdad en el proceso políítico.

CARNIVAL POLITICAL TECHNOLOGIES: MASKS OF LOCAL AUTHORITIES IN MODERN RUSSIA

2021 ◽  
Vol 16 (3) ◽  
pp. 53-68
Author(s):  
A.V. SKIPERSKIKH ◽  
Keyword(s):  
Political Process ◽  
Political Class ◽  
Current State ◽  
Cultural Specificity ◽  
The Russian Federation ◽  
The Government ◽  
Social Organism ◽  
High Degree ◽  
Game Forms ◽  
Positive Effect

The purpose of the research is to present how the carnival element in the regional policy is associated with the legitimating of power. Also made of the current state of the regional political process in some constituent entities of the Russian Federation, characterized by a high degree of carnivalization. As a result, the importance of the practices of the regional elite, resorting to game forms of their own positioning. The legitimacy of the regional power to depend on festive discourse. A routine political process in the constituent entities of the Russia does not evoke public emotions that have a positive effect on the legitimation of power. The demand for the politics of spectacle is also present in municipal political practices in a very dangerous epoch of COVID-19. A social organism that needs emotions, as well as control, does not experience serious transformations. In society penchant for spectacle, as well as the political class in the production of carnival events, there are deep historical roots, as well as the cultural specificity of a particular region. The points out that in the regional political process one can increasingly see accents on festivals. So, the government solves two important problems: the first one is a public request for a show, it is resolved in conditions of a rather unpleasant and unpromising accumulation of negative for the authorities due to the deterioration of the socio-economic situation in general, the second one is the production of the play solves the issues of legitimation regional and municipal authorities.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.

scholarly journals UPAYA PENCEGAHAN PEMUTUSAN HUBUNGAN KERJA PEKERJA DI SEKTOR FORMAL BERDASARKAN KEADAAN MEMAKSA PANDEMI COVID-19

2021 ◽  
Vol 7 (1) ◽  
pp. 139-161
Author(s):  
Steven Suprantio
Keyword(s):  
Public Health ◽  
Job Creation ◽  
Public Health Emergency ◽  
State Of Emergency ◽  
Business World ◽  
The Public ◽  
Economic Slowdown ◽  
The Government ◽  
Economic Necessity ◽  
Government Workers

The business world everywhere including those in Indonesia cannot but felt the brunt of economic slowdown caused by the public health emergency (the COVID 19 pandemic). Quite a few national and local businesses have had to close their operation and lay off all its employees. Although the consensus between the government, workers (individuals and unions) as well as employers is to prevent and avoid termination of employment at all costs, the Law No. 11 of 2020, re. Job Creation allows massive dismissal of employees due to economic necessity or state of emergency. This article shall critically examine how the prevailing law, Law No. 11 of 2020 re. Job Creation regulates termination of employment in case of state of emergency.  

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

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 Social and Legal Technologies in the System of Legal Policy

2019 ◽  
Vol 12 (5) ◽  
pp. 48
Author(s):  
Maxim Valerevich Voronin ◽  
Igor Vladimirovich Przhilenskiy
Keyword(s):  
Main Property ◽  
Transition To Democracy ◽  
Legal Policy ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Proceedings ◽  
Political Processes ◽  
Social Technologies ◽  
Legislative Changes ◽  
Legal Technology

The article considers the problem of implementing of legal policy as a social technology. The authors compare the concepts of social and legal technology as a set of elements in achieving the goal, and also consider systematicity as the main property of these technologies. The systematic approach is presented both at the decision-making level and at the stages of its legislative execution and practical application in the process of implementing of legal norms. The implementation of legal policy led to the dynamics of legislative changes in recent years. Various state institutions have been reformed and actually reorganized to work on the basis of new principles. Moreover, the reforms of recent years are determined not only and not so much by objective ideological transformations associated with the transition to democracy, the implementation of international law, but also by a change in the technological paradigm of management and implementation of political processes. The actions of the executive and legislative branches, as well as the entire process of legal proceedings in courts of various levels, are considered in the article as unique social technologies, all of which are systemic in nature. The authors conclude that the consistency of power, social and legal technologies serves as a vehicle for political legal strategy, and also allows you to express the functionality of the main legal institutions.

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