scholarly journals Questioning Open Governance Principle within the Law-Making Process of Omnibus Law

2021 ◽  
Vol 11 (2) ◽  
pp. 143-154
Author(s):  
smail Khozen ◽  
Keyword(s):  
Open Data ◽  
Qualitative Approach ◽  
Alternative Route ◽  
Alternative Option ◽  
Open Process ◽  
Daily Process ◽  
New Business ◽  
The Law ◽  
The Government ◽  
Law Making

The convoluted issuance of permits for opening a new business or the daily process of running a business due to overlapping regulations is one of the reason for the government to take an alternative route in the form of the Omnibus Law, which can replace several rules at once. However, suppose that the alternative option through the omnibus law can work as expected, but it does not mean that every process will be appropriate with the applicable regulations. Using a qualitative approach, this study aims to analyze the fulfilment of open governance principles in omnibus law's promulgation process. Our analysis shows that Indonesia's omnibus law-making process in 2020 still ignores the principle of openness mandated under Law Number 12/2011. The government's neglectful attitude, especially concerning open data and open process, indicates that the government has not paid enough attention to the open governance principle.

The Concerns of the Founders

2020 ◽  
pp. 21-42
Author(s):  
Howard Gillman ◽  
Erwin Chemerinsky
Keyword(s):  
North America ◽  
Religious Diversity ◽  
Bill Of Rights ◽  
Free Exercise ◽  
Religious Doctrine ◽  
The Law ◽  
The Government ◽  
British Colonies ◽  
Law Making

In the century after the founding of the British colonies in North America, the traditional governing model of establishment (of an official religion) plus conformity (to government-approved religious doctrine and practice) was replaced by a view that the government should be secular and tolerant of religious diversity. The Constitution and the Bill of Rights constructed a government that claimed no relationship to any particular religion, insisted on no test for religious office, vested in the law-making body no authority to legislate on matters of religion, and specifically prohibited the passage of any law respecting an establishment of religion or prohibiting the free exercise thereof. Even with these historic changes, the Constitution left unresolved some basic questions about the meaning of the Religion Clauses.

scholarly journals Analisa Terbentuknya Negatif Opini Publik Undang-Undang Cipta Kerja di Provinsi Kalimantan Selatan

2021 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Irwansyah ◽  
Ahmad Alvin Ferdian ◽  
Zulfiana Enni Rizqa ◽  
Muzahid Akbar Hayat
Keyword(s):  
Public Opinion ◽  
Job Creation ◽  
Qualitative Approach ◽  
Community Leaders ◽  
Religious Leaders ◽  
The Public ◽  
Public Figures ◽  
The Law ◽  
The Government ◽  
Almost All

The Job Creation Act which was ratified on 5 October 2020 was met with the agitation of rejection in the form of demonstrations in almost all parts of Indonesia. There are many misunderstandings in the interpretation of this law, one of which is the assumption that the law will harm workers and society. This study aims to identify the causes of negative public opinion on the Job Creation Act, what forms of socialization are carried out by the government, and how the public gets information about the law. This research uses a qualitative approach. The data was taken through a questionnaire distributed to 22 respondents who were randomly selected from the Job Creation Act demonstrators in November 2020 in front of the DPRD Building of South Kalimantan Province. The results showed that respondent’s negative opinion on the Job Creation Act was caused by a lack of knowledge about the contents of the law and the lack of government socialization to the public. The strategy that can be taken by the government to create positive public opinion is to involve community groups, students, public figures, religious leaders, community leaders, and influencers as communicants or messengers in the socialization of the Job Creation Act.

scholarly journals An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa

2021 ◽  
Vol 25 ◽  
pp. 1-36
Author(s):  
Ntokozo Sobikwa ◽  
Moses Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Public Participation ◽  
Legal Framework ◽  
Constitutional Democracy ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Law Making

The purpose of this article is to critically assess the constitutionality of the COVID-19 regulations against the backdrop of the constitutional mandate to facilitate public participation in the law-making process in South Africa. This assessment is conducted by outlining the scope and content of public participation. This will be followed by an exposition of the legal framework that provides for the duty to facilitate public participation in South Africa. Thereafter, the scope and content of the duty to facilitate public participation is assessed against the conduct of the government in promulgating the COVID-19 regulations. The authors argue that the disregard for and limited nature of public participation during the process leading up to the enactment of the COVID-19 regulations amount to a material subversion of the core tenets of our constitutional democracy and largely renders the COVID-19 regulations unconstitutional for lack of procedural compliance with the demands of the Constitution. The authors provide a few recommendations to remedy the unconstitutionality of the regulations and further propose guidelines to facilitate public participation in cases of future pandemics and/or disasters of this nature.

scholarly journals The Meaning of the Expansion of Administrative Court that Covers Factual Actions

2019 ◽  
Vol 1 (1) ◽  
pp. 177-192
Author(s):  
Fellista Ersyta Aji
Keyword(s):  
Data Collection ◽  
Qualitative Approach ◽  
The State ◽  
The Public ◽  
Government Administration ◽  
Research Material ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Administrative Justice

The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to the Law of the State administrative justice. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard. This study aims to find out and understand the meaning of factual actions in Article 87 letter (a) of Law Number 30 of 2014. This study uses a qualitative approach to the type of research Normative Juridical. Data collection techniques are Library study is to collect data conducted by reading, quoting, recording and understanding various literature that have to do with research material. The object of the state Administration disputed in Law Number 5 of 1986 and its amendment has expanded on Law Number 30 Year 2014 on Government Administration. When the object of the dispute expands, it will affect the decision taken by the legal practitioner in this case is the state Administration judge.

scholarly journals PERGESERAN NILAI PILAR DEMOKRASI DALAM KERANGKA OTONOMI DAERAH

Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 45-55
Author(s):  
Saeful Kholik
Keyword(s):  
Political Life ◽  
Executive Power ◽  
Regional Government ◽  
Main Function ◽  
Role Of Government ◽  
Regional Autonomy ◽  
Government Organizations ◽  
The Law ◽  
The Government ◽  
Law Making

In a government organization, the expertise of the law making is most accumulated. It enables the law making process to be easily done by law the enforcers. This fact causes the role of government to be central. It also lead to an access of government organizations to become very powerful over the functions of organizations that exist within and outside the government. Therefore, to avoid concentration of power in the hands of government organizations, the idea arises to hold a separation and division of powers. The emergence of a constitutional idea of ​​a rule of law basically changes the power of the government. It makes their existence is not too dominant to see the Indonesian government system recognizing regional government and regional autonomy which are basically capable of impacting in the system of pillars of the democratic legal order. The shift of legislative and executive power within the framework of regional autonomy has indeed occurred with the dynamics of a structurally structured and infrastructural political life. It has an authority over each of the institution's committees. It acts an important function and even considered as the main function of the parliamentary institution. Important function is the legislative institution that is the institution legislators or institutions that determine the making of the law.

scholarly journals KESADARAN HUKUM MASYARAKAT TERHADAP PERKAWINAN DIBAWAH UMUR DITINJAU DARI UNDANG-UNDANG NO. 16 TAHUN 2019 TENTANG PERUBAHAN UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN

2021 ◽  
Vol 4 (1) ◽  
pp. 34-52
Author(s):  
Neng Hilda Febriyanti ◽  
Anton Aulawi
Keyword(s):  
Qualitative Approach ◽  
Economic Factors ◽  
Marriage Law ◽  
Legal Compliance ◽  
School Dropouts ◽  
Village Community ◽  
Is Research ◽  
Low Education ◽  
The Law ◽  
The Government

ABSTRACT This study aims to determine the level of legal awareness of the community in Pamengkang Village, Kramatwatu District, Serang Regency about underage marriage in terms of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. The approach used in this study is a qualitative approach. Qualitative research is research that describes, describes what is seen, heard, felt, and asked. The data collection techniques that will be carried out by researchers in this study are structured observation, interviews and documentation. The results of this study are that underage marriages in Pamengkang Village, Kramatwatu District, Serang Regency are still occurring due to several factors, namely, traditional factors or local customs, concerns about community gossip when their daughter becomes an old maid (late in marriage) if not married at a young age, weak economic factors, unemployment, low education and school dropouts. This shows that the Pamengkang Village Community is not aware of the law or the level of awareness and legal compliance is still low, especially awareness of the age limit for marriage as regulated in the Marriage Law by not having an underage marriage. Factors that contribute to the lack of awareness and legal compliance of the Pamengkang Village community with the Marriage Law and not having underage marriages are due to factors of education, habit of disobeying the law and lack of socialization and legal counseling of the Marriage Law and the risks of underage marriage by the Government concerned. . Keywords: legal awareness, underage marriage

scholarly journals MEMBANGUN BUDAYA HUKUM PANCASILA SEBAGAI BAGIAN DARI SISTEM HUKUM NASIONAL INDONESIA DI ABAD 21

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Sunaryati Hartono
Keyword(s):  
Law Enforcement ◽  
Daily Life ◽  
Legal Culture ◽  
The State ◽  
Proper Place ◽  
The Law ◽  
The Government ◽  
Law Making

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

scholarly journals Ribka Tjiptaning's Provocative Speaking Action in Social Media: Forensic Linguistic Study

2021 ◽  
Vol 7 (4) ◽  
pp. 670-678
Author(s):  
Sarifuddin Kamaruddin ◽  
Tadjuddin Maknun ◽  
Ery Iswary
Keyword(s):  
Social Media ◽  
Content Analysis ◽  
Data Collection ◽  
Qualitative Content Analysis ◽  
Qualitative Approach ◽  
Linguistic Study ◽  
The Social ◽  
The Law ◽  
The Government

This study aims to: (1) explain the lingual form of inciting Ribka Tjiptaning on social media and (2) explain the meaning of denotation and the incitement connotation of Ribka Tjiptaning on social media. The data in this study are language that contains the crime of incitement by Ribka Tjiptaning on the social media YouTube. While the source of data in this study is the social media youtube. The method used in this research is descriptive with qualitative approach, data collection techniques in the form of look-see and take notes. Data were analyzed using qualitative content analysis (qualitative content analysis). The results of this study indicate that: the data containing denotative and connotative meanings in Ribka Tjiptaning's utterances on social media YouTube amounted to 7 denotative meanings and 5 connotative meanings. Ribka Tjiptaning's speech contained rejection and accusations that the government was playing with the Covid 19 vaccine. This speech is an act against the law by disseminating information that can provoke / incite.

7. Rule of law

2019 ◽  
pp. 143-163
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Key Terms ◽  
Core Meaning ◽  
External Measure ◽  
Law Making

This chapter assesses the rule of law. The rule of law is a constitutional value or principle which measures good governance, fair law-making, and applying law in a just way. It acts as a protecting mechanism by preventing state officials from acting unfairly, unlawfully, arbitrarily, or oppressively. These are also key terms in judicial review. The rule of law is also regarded as an external measure for what a state does; if the rule of law breaks down in a state, it will fail to function in an internationally acceptable way. Ultimately, the core meaning of the rule of law is that the law binds everyone. This includes those in government, who must obey the law. Moreover, any action taken by the government must be authorised by law, that is, government needs lawful authority to act.

8. Parliament

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
House Of Commons ◽  
House Of Lords ◽  
The Law ◽  
The Government ◽  
Law Making

This chapter discusses the functions, structure, and procedures of Parliament. Parliament's main functions are to be the forum for debate on the main issues of the day; to represent citizens; to enact legislation; and to hold the government to account. Parliament has three elements: the House of Commons, the House of Lords, and the monarch. The chapter focuses on the two Houses, often referred to as ‘chambers’. The main output of Parliament is legislation. There are two forms of legislation. Primary legislation, referred to as Acts of Parliament, which are the exercise of Parliament's legal supremacy to change the law, either by making new law or amending or abolishing existing law. Parliament also has the power to delegate its law-making power to others, usually to the government, allowing them to make delegated legislation according to the terms set out by Parliament.

Sign in / Sign up

Export Citation Format

Share Document