scholarly journals Liberalisasi Importasi Produk Pertanian dalam UU Cipta Kerja dari Pemikiran Hukum Progresif

2020 ◽  
Vol 15 (2) ◽  
pp. 136-168
Author(s):  
Kessa Hendriyanto
Keyword(s):  
Public Policy ◽  
Job Creation ◽  
Small Farmers ◽  
Right To Life ◽  
The Law ◽  
The Government ◽  
Food Imports

Regulations are chosen as a means to realizizing public policy by the Government. Law Number 11 of 2020 concerning Job Creation (Job Creation Law), as an omnibus law, was formed to create a conducive climate for investment by reforming regulations in the field of business licensing. In its journey, the Job Creation Law is inseparable from various polemics, starting from the reporting stages of the material regulated in it, including efforts to liberalize food import policy. Allegedly, the presence of the Job Creation Law is injustice and negates the little people. The progressive law put forward by Satjipto Rahardjo adheres to the understanding that law is said to be progressive when the law favors the weak, the law must be pro-justice and pro-people. Based on the study and analysis of progressive law on the Job Creation Law, it can be said that the content of the Job Creation Law in agriculture which is an effort to liberalize food imports is also not in line with progressive law because it does not pay attention to the interests of small farmers because it reduces farmers' right to life.

scholarly journals IMPLIKASI PERUBAHAN UNDANG-UNDANG PEMERINTAHAN DAERAH TERHADAP KEWENAGAN TATA KELOLA PEMANFAATAN ENERGI DAN SUMBERDAYA MINERAL OLEH PEMERINTAHAN DAERAH DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rizky Setiawan
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Policy Making ◽  
Mineral Resources ◽  
Regional Government ◽  
Public Policy Making ◽  
State Revenue ◽  
The Law ◽  
The Government ◽  
Environmentally Sound

This paper attempts to examine the authority of the Regional Government following the amendment of the Regional Government Law Number 32 of 2004 to Law No. 23 of 2014. The compilation of this paper is based on a review of Library and Legislation. One of the important points in the amendment of the Law on Regional Government relates to the authority of the Regional Government in the Management of Mineral Resources. The implications of the amendments to the Law on Regional Government include the decreasing authority of the Government of Tinggua II related to the granting of permits and supervision of the utilization of energy and natural resources in the area of regencies / cities in Indonesia. public policy making (public policy making). Energy and Mineral Resources have now played a very important role in the development of the Indonesian economy, which serves as one of the backbone of state revenue. The management of Natural Resources needs to be done optimally, efficiently, transparently, sustainably and environmentally sound, and equitable in order to gain the greatest benefit for the people's sustainable prosperity.  

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 KONSTITUSIONALITAS KEBIJAKAN NEW NORMAL DALAM PERLINDUNGAN HAK HIDUP WARGA NEGARA

2020 ◽  
Vol 8 (1) ◽  
pp. 52
Author(s):  
Ruth Crista Vanesa Hariyanto
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Natural Law ◽  
Right To Life ◽  
Economic Rights ◽  
New Normal ◽  
Existing Problems ◽  
Natural Law Theory ◽  
The Government ◽  
The Right

<p align="center"><strong><em>Abstract</em></strong><strong></strong></p><p><em>This study aims to answer two problems: first, outlining the correlation of the Right to Life with Economic Rights in New Nornal Policy; and  secondly, analyzing theConstitutionality of New Normal Policy</em>. <em>The policy created during the Covid-19 Pandemic not infrequently reaping contracdictions. Especially the last one echoed by the governments is the existence of a New Normal Policy which is actually considered unconstitutional because with this policy the government is felt to have ignored the right of Right to Life of citizen and priorited Economic Right. For this reason, this article uses natural law theory as a means of interpretation of two existing problems. In accordance with this, this acricle argues that the New Normal Policy is a constitutional policy because it is in accordance with the spirit of Article 28A UUD NRI 1945. </em></p><p><em>Keywords</em>: <em>Human Rights, New Normal, Public Policy, Constitutionalism</em><em>.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk menjawab dua permasalahan: pertama, menguraikan korelasi Hak untuk Hidup dengan Hak Ekonomi dalam Kebijakan Nornal Baru; dan kedua, menganalisis Konstitusionalitas Kebijakan Normal Baru. Kebijakan yang dibuat saat Pandemi Covid-19 tak jarang menuai kontradiksi. Terlebih yang terakhir digaungkan oleh pemerintah adalah adanya New Normal Policy yang justru dinilai inkonstitusional karena dengan kebijakan ini pemerintah dirasa telah mengabaikan hak atas Hak Hidup warga negara dan mengutamakan Hak Ekonomi. Untuk itulah, artikel ini menggunakan teori hukum kodrat sebagai alat interpretasi dari dua masalah yang ada. Sejalan dengan hal tersebut, acricle ini berpendapat bahwa New Normal Policy merupakan kebijakan konstitusional karena sesuai dengan semangat Pasal 28A UUD NRI 1945.</p><p>Kata Kunci: Hak Asasi Manusia, Normal Baru, Kebijakan Publik, Konstitusionalisme.</p>

scholarly journals PRO KONTRA PROSES PENGESAHAN UU NO. 16 TAHUN 2017, SERTA IMPLEMENTASI DAN IMPLIKASINYA TERHADAP ORGANISASI MASYARAKAT

2021 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Fadli Afriandi ◽  
Fachriza Ariyadi
Keyword(s):  
Public Policy ◽  
Qualitative Methods ◽  
Policy Process ◽  
Community Organization ◽  
Community Organizations ◽  
Library Research ◽  
Public Policy Process ◽  
Party Ideology ◽  
The Law ◽  
The Government

This paper looks at how a public policy process is issued, implemented, and its implications. The policy issued was the stipulation of Law no. 16 of 2017 (Law on community organizations) in lieu of Perppu No. 2 of 2017 (Perppu for community organizations). The main thesis proposed in this paper is that the policy of passing the law on community organizations is an attempt by the state to protect the Pancasila ideology, which is the sole ideology in Indonesia. This paper is prepared using qualitative methods by collecting data through Library Research. The findings of this study are that the issuance of the first law on community organizations cannot be separated from debates in parliament. The parties in parliament are inconsistent with their party ideology. Supporting or rejecting the law on community organizations is based on the pragmatic interests of the party. Secondly, the existence of the Community Organization Law makes it difficult for community organizations to stand and makes it easier for the government to dissolve community organizations that are not under Indonesian ideology. Third, the first community organization that was dissolved after the law on community organizations took effect was the Islamic Defenders Front (FPI).

scholarly journals The Authorities of Province and District Governments Regarding Spatial Planning in Aceh

2021 ◽  
Vol 10 ◽  
pp. 1578-1587
Author(s):  
Arnita Arnita ◽  
Faisal A. Rani ◽  
Ilyas Ismail ◽  
Efendi Efendi
Keyword(s):  
Foreign Policy ◽  
Spatial Planning ◽  
Job Creation ◽  
Central Authority ◽  
Aceh Province ◽  
The Law ◽  
Public Sectors ◽  
The Government

Article 7 of the Law Number 11, 2006 on Aceh Governance states that the Aceh Province and districts or municipalities Governments have the authority to regulate and manage government affairs in all public sectors except for government affairs which are under the authority of the Government. It is further stated that the central authority includes government affairs of national issues that are foreign policy, defense, security, judiciary, monetary and fiscal matters, and certain affairs in the field of religion. It can be concluded that the Job Creation Act in its approach contradicts the principle of autonomy because the regulation is centralized.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

EFFECT OF DIGITAL COMMUNITY TOWARDS DEMOCRACY PROCESS: DIGITAL PARTISIPATION ANALYSIS IN INDONESIA

2020 ◽  
Vol 15 (2) ◽  
Author(s):  
Alih Aji Nugroho
Keyword(s):  
Public Policy ◽  
Social Media ◽  
Political Participation ◽  
Public Space ◽  
Rapid Development ◽  
Critical Mass ◽  
Digital Society ◽  
Digital World ◽  
Digital Community ◽  
The Government

The world is entering a new phase of the digital era, including Indonesia. The unification of the real world and cyberspace is a sign, where the conditions of both can influence each other (Hyung Jun, 2018). The patterns of behavior and public relations in the virtual universe gave rise to new social interactions called the Digital Society. One part of Global Megatrends has also influenced public policy in Indonesia in recent years. Critical mass previously carried out conventionally is now a virtual movement. War of hashtags, petitions, and digital community comments are new tools and strategies for influencing policy. This paper attempts to analyze the extent of digital society's influence on public policy in Indonesia. As well as what public policy models are needed. Methodology used in this analysis is qualitative descriptive. Data collection through literature studies by critical mass digital recognition in Indonesia and trying to find a relationship between political participation through social media and democracy. By processing the pro and contra views regarding the selection of social media as a level of participation, this paper finds that there are overlapping interests that have the potential to distort the articulation of freedom of opinion and participation. - which is characteristic of a democratic state. The result is the rapid development of digital society which greatly influences the public policy process. Digital society imagines being able to participate formally in influencing policy in Indonesia. The democracy that developed in the digital society is cyberdemocracy. Public space in the digital world must be guaranteed security and its impact on the policies that will be determined. The recommendation given to the government is that a cyber data analyst is needed to oversee the issues that are developing in the digital world. Regulations related to the security of digital public spaces must be maximized. The government maximizes cooperation with related stakeholders.Keywords: Digital Society; Democracy; Public policy; Political Participation

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

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