scholarly journals Perjalanan Omnibus Law dalam Sistem Hukum di Indonesia (Studi Tentang Penolaka Masyarakat Probolinggo Dalam Perspektif Sosiologi Hukum)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 321
Author(s):  
Delia Intan Hidayah ◽  
Agus Machfud Fauzi

The Omnibus Law Work Creation Bill was passed by the Indonesian Parliament as a new regulation that has the power to overshadow other statutory regulations. Through this law, the government is considered to be siding with entrepreneurs or investors a lot. It is indicated that the articles in this law make people, especially workers, oppressed. Rejection actions appeared in almost all regions in Indonesia, including in Probolinggo Regency. The demonstration took place on October 8, 2020 at the Probolinggo Regency DPRD building. The mass of the action was dominated by students from the Youth Social Organization (OKP), namely HMI, PMII, GMNI, and IMM. This study is to determine the conflicts that occur in demonstrations against the Job Creation Bill and the responses of employers in responding to government policies. This study uses qualitative methods with data collection techniques for literature studies through secondary data from various sources such as articles and journals. The results of this study are, first, the students who demonstrated their 4 demands on government policies because they are detrimental to society. Second, the actions that took place chaotic, led to conflicts in society resulting in social change with deviant behavior. Third, the response of entrepreneurs to government policies, namely the government urged to focus on alleviating poverty and unemployment.

Author(s):  
Glisina Dwinoor Rembulan ◽  
Tony Wijaya ◽  
Desribeth Palullungan ◽  
Kartika Nur Alfina ◽  
Muhammad Qurthuby

Coronavirus disease (COVID-19) is a disease that was only discovered in 2019 and has been reported to have spread to almost all over the world. This pandemic has caused anxiety and fear for all Indonesians because it can be transmitted easily through humans. This study aims to cluster each province in Indonesia into certain clusters so that they can find out the characteristics, movements, and government policies that must be carried out in each cluster. This study uses secondary data regarding COVID-19 cases in Indonesia, which reached 4800 data from March 1 to August 11, 2020, in 34 Indonesian provinces. The four variables used were the number of cases of death, the number of cured cases, the number of active cases, and the number of deaths per one million population. Cluster 1 has a high risk because it has the highest variable number of active cases and the number of deaths per one million population. Cluster 2 has a low risk because it has a variable with the highest number of cured cases and the lowest number of active cases. Cluster 3 has a moderate risk because it has the lowest number of cures variable and the moderate number of active cases. The government policy in cluster 1 should prioritize the variable number of active cases and the number of death cases per one million population, cluster 2 must prioritize the variable number of deaths, and cluster 3 must prioritize the variable number of active cases.


Author(s):  
Isnaini Isnaini

Abstrak: Koalisi dalam sistem pemerintahan presidensial menjadi penting ketika lembaga eksekutif dan lembaga legislatif memiliki ruang intervensi terhadap kerja pemerintahan seperti di Indonesia. Pemerintah merasa perlu membangun koalisi yang mampu menstabilkan dan memuluskan kebijakan dan kerja pemerintahan. Penelitian ini bertujuan menganalisis eksistensi koalisi partai politik dalam sistem pemerintahan presidensial Indonesia. Penelitian ini juga bertujuan mengkaji bagaimana mewujudkan sistem pemerintahan presidensial yang ideal pada sistem multipartai di Indonesia. Penelitian ini menggunakan pendekatan yuridis normatif, pendekatan yuridis normatif digunakan untuk mengkaji atau menganalisis data sekunder yang berupa bahan-bahan hukum, terutama bahan-bahan hukum primer dan sekunder. Metode pengumpulan data dilakukan melalui studi pustaka dalam bentuk deskriptif. Hasil penelitian menunjukan bahwa eksistensi koalisi partai politik dalam praktek penyelenggaraan pemerintahan terjadi perluasan arti, koalisi partai politik secara konstitusi dilakukan dalam rangka pemilihan umum. Koalisi sulit dihindari dalam sistem multipartai di Indonesia. Sistem pemerintahan presidensial dengan sistem multipartai tidak cocok jika dikombinasikan karena dapat menghancurkan demokrasi, bangsa harus menentukan pilihannya antara mempertahankan sistem pemerintahan presidensial murni sesuai konstitusi. Sistem kepartaian harus dimodifikasi menjadi sistem multipartai terbatas. Selanjutnya ada 3 hal yang harus dilakukan untuk mewujudkan sistem pemerintahan presidensial yang ideal bagi demokrasi Indonesia; a] Menyederhanakan partai politik, b] Mengatur koalisi tetap, dan c] Mengatur lembaga oposisi.Abstract:  The presidential government system coalition becomes important when the executive and legislative have an intervention to government work as well as Indonesia. The government needs to build coalitions which are able to stabilize and smooth government policies and work. This study aims to analyze the existence of a coalition of political parties in Indonesia's presidential government system, also to realize an ideal presidential government system in a multiparty system in Indonesia. This study uses a normative juridical approach, used to study or analyze secondary data in the form of legal materials, especially primary and secondary data. Data collection method was done through literature study in descriptive form. The results showed that the existence of a coalition of political parties in the government expanded the meaning, a coalition of political parties constitutionally carried out in the context of general elections. Coalition cannot be avoided in a multiparty system in Indonesia. A presidential government system with a multiparty system is not suitable if it combined, because it can destroy democracy, the nation must make its choice in maintaining a purely presidential government system in accordance with constitution. The party system must be modified to a limited multiparty system. Furthermore, there are 3 things that must be done to realize an ideal presidential government system for Indonesian democracy; a] Simplifying political parties, b] Arranging permanent coalitions, and c] Organizing opposition institutions.


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


2021 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
I Nengah Subadra

The research is aimed at understanding the government policies on cultural tourism and pandemic mitigations in Bali made during the covid-19 pandemic. It uses qualitative method in which the primary data were collected through face-to-face and virtual video interviews to seven informants who were selected using purposive sampling to assure they aware of and understand the researched case; and the secondary data were collected from online publications. The research finds the regional regulation on cultural tourism was amended during the Covid-19 outbreak to strengthen the use of local cultures for tourism adapting both national and international tourism policies to lead to a more responsible tourism designating Bali’s local indigenous cultures of Tri Hita Karana and Sad Kerthi as basis of cultural tourism development in Bali; and more importantly, Bali’s government issued particular policies and  executed immediate measures to reopen tourism in Bali which totally shut down due to pandemic. These policies reacted differently by local people and remains become a hot debate within Balinese communities.


2019 ◽  
Vol 6 (1) ◽  
pp. 153-170
Author(s):  
Havis Aravik ◽  
Nur Rohim Yunus ◽  
Dwi Sulastyawati

The study investigates the government policies in the waqf's regulation in Indonesia and the essence of waqf as an important instrument of economic empowerment in Islam. The study aims to provide solutions to the lack of the benefits of waqf for people's welfare, especially in terms of economic empowerment. It is qualitative research with a normative approach. The research data used is the secondary data from library resources. An analysis of the data is by interpreting the concept. The result of this study shown that waqf has played a major role in citizen empowerment from the time of God's messenger, Muhamad peace be upon him until now, even the benefits of a waqf can still be felt up to today.   Keywords: waqf, political law, legislation.


2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Nurmalia Hasanah ◽  
Sriyani Sriyani

The Covid-19 pandemic necessitates a rapid change to the digital age. Currently, the Directorate General of Treasury continues to make policies that refer to the principles of E-government by developing the direction of transactions that occur in the government. One of them is the launch of SAKTI, which has been specifically designed to simplify and speed up the financial management process from planning to budget accountability, which consists of nine modules integrated into one database (single database) within the scope of the work unit. This study uses qualitative methods, data collection is done by interviewing parties related to the use of the SAKTI application and observations at KPPN Palembang. This research is expected to provide an overview of the implementation of SAKTI at KPPN Palembang. The result of this research is that the Expenditure Treasurer of KPPN Palembang as the operator of the Treasurer Module has implemented the SAKTI Treasurer Module properly according to the laws and regulations and does not mix with SILABI. Since the use of SAKTI desktop, switching to SAKTI Web has made it easier for treasurers to administer the money they manage online. However, the development of increasingly sophisticated technology must be a challenge and motivation in developing SAKTI. In addition, the quality and competence operator SAKTI is also very important and necessary in achieving the successful implementation of SAKTI.


Author(s):  
I Wayan Tagel Eddy

This study aims to determine the social changes in Subak Susuan Karangasem Bali as a result of the implementation of green revolution (revolusi hijau). The method used observation, in-depth interviews equipped with interview guides, recording devices, cameras and stationery. Sampling is done by purposive or direct appointment to a person who is considered to know and be directly involved in the event.The results show that the green revolution has digraded various types of local rice seeds and simultaneously marginalizes local wisdom resulting in social change. Agricultural homogeneity, which in turn has diminished farming culture, professional social organization such as sekaa numbeg, sekaa manyi, sekaa metekap began to decrease and patron client bond is getting worse. The government is advised to pay attention to the values ??of local wisdom that guides the life of farming in Subak Susuan.


2020 ◽  
Vol 27 (1) ◽  
pp. 104-118
Author(s):  
Abdinur Abdirisak Sofe

Purpose Corruption in humanitarian aid is one of the most worried and worst problems around the world. The existence of corruption acts in humanitarian aid delivery can endanger the already susceptible lives of the neediest individuals in the community. Amid serious humanitarian allegation in the country, this study aims to capture meaningful insights in humanitarian aid corruption in Puntland State of Somalia. Design/methodology/approach The study applied qualitative method and used interview as a technique of data collection. The information obtained through the interview was analyzed by quoting and narration forms. Findings The findings indicated numerous acts of corruption in all project stages including corruption in project granting and humanitarian staff employment, distortion of project targets and diversion of humanitarian project from targeted communities. The research also found that governmental and non-governmental actors are involved in the humanitarian corruption such as project managers and support staffs in addition to line ministries, parliament and community representatives. Research limitations/implications Corruption is a taboo and is difficult to research; people do not want to share the information for fear of victimization. Concerned institutions were not willing to provide necessary materials which led to shortage of secondary data. Another problem encountered during the study has been that the humanitarian stakeholders (for instance, government, non-government and private institutions) acted reluctantly to cooperate because of suspicion that disclosing information may lead to negative effect on their business. To overcome the challenges, the study assured the confidentiality of the members and that information collected would be used for research purposes only. The study further combined various tools of data collection so that the weakness of one tool becomes the strength of the other; while the researcher made efforts to build rapport with the research participants. Originality/value This study will contribute to the literature on corruption in the humanitarian aid. Specifically, the findings of this study will benefit academicians/researchers by giving empirical insights of corruption in the humanitarian aid in Puntland. It will benefit the government policymakers in the formulation of policies to combat corruption in the sector. Donors and aid agencies may also find the findings useful as they are key stakeholders who are interested in corruption in the humanitarian sector and finally the findings will benefit the wider society that is the primary victim of corruption in the humanitarian sector.


Author(s):  
Ron Formisano

Almost all studies of the nation’s extreme inequality of income and wealth have overlooked a critical, overarching cause of the creation of The New Gilded Age. The permanent political class has driven and sustained economic and political inequality not only with the government policies it has crafted over the past four decades. It has created inequality by becoming a self-dealing, self-serving nepotistic oligarchy that is enabling the One Percent and the .01 Percent to create an American aristocracy of wealth. American Oligarchy describes a multifaceted culture of self-dealing and corruption reaching into every sector of American society. The political class’s direct creation of economic inequality by channeling the flow of income and wealth to elites, has been described extensively; less exposed has been how its self-aggrandizement indirectly—but hidden in plain sight—creates a culture of corruption that infects the entire society.


Author(s):  
Aristotle Jacob ◽  
◽  
Wakama Ateduobie ◽  
◽  

This study examine how covid-19 has induced social changes and criminality in Nigeria as a result of economic lockdown, restriction on inter-state movement, closure of international borders, restriction of religious worship, restrictions on all forms of marital rites, ban on all burial and funeral activities, suspension of all educational activities, and social interactions replaced by social distancing. Due to this alteration of the normal human life, and since survival is key, hence the issue of criminality. This paper examined cases of criminality in the country during lockdown, government interventions to mitigate the increase in criminality as a result of the pandemic, implication of covid-19 on fashion, determinant, forms and resistance to social change. The paper is qualitative in nature and relied principally on secondary data to achieved the scope of the study, these includes publications sourced from text books, bulletins, journals, government documents, newspapers and internet. The conflict and conspiracy theory of social change was adopted as the theoretical framework for the study. The findings in this study showed that the government with the aim to mitigate the spread of the pandemic in the country restricted the movement of its citizens with compulsory sit-at-home, thus affecting the normal life of its citizens, government intervention at the federal, state and local level is grossly inadequate to cushion the effect of the epidemic on the vulnerable citizens of the country, several structural factors helped triggered Nigeria’s current economic crises such as poor public health infrastructure, institutional corruption, weak and underdeveloped digital economy, lack of social welfare programme, leadership problem, over-dependent on oil sector of the economy, lack of saving culture and, high debt profile of Nigeria. The paper recommends that government should create an enabling environment to increase the standard of living of its citizens as poverty fuels criminality, the government should not politicalize the distribution of relief materials to victims in the face of emergencies, since the protection of the welfare and well-being of the people is the reason for governance, need for good governance and the rule of law, and government should improve capacity-building strategies for adequate security of life and property in Nigeria.


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