scholarly journals REDESAIN RANCANGAN UNDANG UNDANG OMNIBUS LAW CIPTA LAPANGAN KERJA

2021 ◽  
Vol 5 (2) ◽  
pp. 158
Author(s):  
Basuki Kurniawan
Keyword(s):  
Job Creation ◽  
Investment Climate ◽  
Large Wave ◽  
Regional Autonomy ◽  
The Government ◽  
Laws And Regulations

The investment climate is difficult to develop when there are too many overlapping regulations from the center to the regions, and the old licensing procedure is a source of ongoing problems. Seeing this, President Jokowi made a breakthrough by using the Omnibus Law for Job Creation or often referred to as the Cilaka Omnibus Law Bill. This is something new in Indonesia, but it is a breakthrough in resolving legal chaos in Indonesia. However, the desire of the Government to get a response from a fairly large wave of demonstrations from the workers and society. The demonstration was based on the contents of the articles in the Job Creation Omnibus Law Bill which were deemed to be detrimental to the Indonesian people and workers. Based on the author's opinion, we conclude several things. First, the Job Creation Omnibus Law Bill has several deeper corrections, especially in the paradigm and substance of regulations regarding layoffs, permits, and regional autonomy (decentralization). Second, the Cilaka Omnibus Law Bill intends to reduce the existence of hyper-regulation (the number of laws and regulations), but the bill creates derivative regulations that make more and more new rules emerge. So it is best if the Omnibus Law Job Creation Bill needs to be rearranged while still involving the wider community in providing input and views for the perfection of this Job Creation Bill. Keywords: Omnibus Law, Job Creation

scholarly journals STRATEGI HARMONISASI PENYUSUNAN PERATURAN DAERAH MELALUI MEKANISME EXECUTIVE PREVIEW

2019 ◽  
Vol 3 (2) ◽  
pp. 96-112
Author(s):  
Aditya Syaprillah
Keyword(s):  
Government Regulation ◽  
Central Government ◽  
Regional Government ◽  
Regional Autonomy ◽  
Legal Instrument ◽  
The Government ◽  
Laws And Regulations

AbstrakImplementasi otonomi daerah hendaknya dapat dipahami sebagai suatu kesempatan untuk dapat mengembangkan daerah dengan keleluasaan yang telah diberikan Pemerintah melalui desentralisasi yang berujung pada kewenangan dalam membentuk Perda. Perda merupakan instrumen hukum yang dibuat oleh pemerintah di daerah dalam menyelenggarakan kewenangannya untuk mewujudkan otonomi yang dimiliki, disamping merupakan penjabaran lebih lanjut dari peraturan perundang-undangan yang lebih tinggi. Dengan kewenangan tersebut dimana Perda mengalami peningkatan jumlah yang sangat tidak terkendali, jarang dari Perda tersebut dibatalkan dengan berbagai alasan. Permasalahan Materi muatan Perda yang tumpang tindih dan bertentangan dengan peraturan perundang-undangan yang lebih tinggi. Untuk mengatasi permasalahan tersebut perlu penataan harmonisasi penyusunan Perda melalui mekanisme executive preview oleh pemerintah atasan dalam mengevaluasi Perda yang dibentuk oleh pemerintah bawahan. Kewenangan pemerintah pusat (Menteri) dan Pemerintah Daerah (Gubernur) yang melakukan executive preview dalam bentuk evaluasi Perda dan Keputusan Kepala Daerah Kabupaten/Kota (Bupati/Walikota) Dan Hasil evaluasi dan pemberian nomor register tersebut merupakan langkah pengawasan preventif yang sudah sangat tepat dilakukan oleh pemerintah daerah.Kata Kunci: Pemerintah, Peraturan, Pengawasan.AbstractThe implementation of regional autonomy should be understood as an opportunity to be able to develop regions with the flexibility that has been given by the Government through decentralization which ends in the authority to form a Regional Regulation. The regional regulation is a legal instrument made by the regional government in exercising its authority to realize its autonomy, besides providing further elaboration of the higher statutory regulations. With this authority where the Regional Regulation has increased in an uncontrolled number, it is rare that the Regional Regulation has been canceled for various reasons. Problems the content of local regulations is overlapping and contradictory to higher laws and regulations. To overcome these problems, it is necessary to arrange harmonization of the compilation of local regulations through an executive preview mechanism by the superior government in evaluating the regional regulations established by subordinate governments. The authority of the central government (the Minister) and the Regional Government (the Governor) conducting the executive preview in the form of an evaluation of the Regulations and Decisions of the Regency / City Regional Head (Regent / Mayor) regional government.Keywords: Government, Regulation, Supervision.

scholarly journals Hilangnya Sendi Demokrasi Dan Otonomi Daerah Melalui Korporatokrasi RUU Omnibus Law

2020 ◽  
Vol 3 (2) ◽  
pp. 131
Author(s):  
Adithya Tri Firmansyah ◽  
Ema Sarila Sinaga ◽  
Fenia Aurully Aisyah
Keyword(s):  
Economic Growth ◽  
Community Participation ◽  
Investment Climate ◽  
Regional Autonomy ◽  
Regulatory Issues ◽  
Limited Space ◽  
National Economic ◽  
The Government ◽  
Central Level

One of the factors hampering the improvement of the investment climate in Indonesia is due to regulatory issues. The government is making various efforts in manifesting people's welfare, as per the Pancasila paradigm. The government is trying to increase economic growth through investment. In its implementation, the government envisages a Draft Omnibus Law that, with reasons for cutting and simplifying various regulations which are considered to be too numerous and overlapping, there are 8,451 regulations at the central level and 15,985 regional regulations. Where it makes the government confined and limited space so that the speed of government in making decisions becomes too late and not right. For the Government Omnibus law has a goal to encourage national economic growth. But there was a polemic in the process of forming this Omnibus Law Bill. Various rejection of various elements, especially the community. The Omnibus Law Bill that is in the spotlight is the work copyrights then the environment and also the principle of regional autonomy that is trying to be disturbed. The problem point of this Omnibus Law product is that it does not reflect community participation.

scholarly journals The Omnibus Law in the Perspective of Responsive Law and its Impact on Indonesia's Economy

2021 ◽  
Vol 2 (1) ◽  
pp. 13-26
Author(s):  
Renaldy Eka Putra
Keyword(s):  
Content Analysis ◽  
Legal Theory ◽  
Job Creation ◽  
Secondary Data ◽  
Conceptual Approach ◽  
National Media ◽  
Principle Of Justice ◽  
The Government ◽  
Laws And Regulations

The government passed the Job Creation Law using the Omnibus Law concept, to be used to build the Indonesian economy to attract investors to invest in Indonesia. The Job Creation Law has several clusters in it, one of which regulates employment. Therefore this paper aims to analyze in-depth the ratification of the Omnibus Law policy using a responsive legal approach (Based on Law No.12 of 2011 concerning the Formation of Laws and Regulations) and looking empirically at the obstacles in creating employment in Indonesia, the correlation between the Job Creation Law and the principle of justice in the era of the Covid-19 pandemic. The method used in this paper is normative-juridical with a statute approach and a conceptual approach, then content analysis, which describes and analyzes the scope of legal theory. This paper's type of data is secondary data obtained from literature, books, journals and articles, official reports of National Media related to Omnibus Law in Indonesia.

scholarly journals Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation

2021 ◽  
Vol 21 (4) ◽  
pp. 459
Author(s):  
Henry Lbn Toruan Donald
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Descriptive Analysis ◽  
Job Creation ◽  
Creation Process ◽  
Analysis And Evaluation ◽  
The Supreme Court ◽  
The Government ◽  
Settlement Mechanism ◽  
Laws And Regulations

The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and horizontally under the law, the settlement mechanism is done through the judiciary, namely the Supreme Court. This research concludes that the settlement of the disharmony regulation is resolved through executive review or analysis and evaluation.

scholarly journals Pengawasan Pelaksanaan Otonomi Daerah

Wajah Hukum ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 146
Author(s):  
Mhd Ansori
Keyword(s):  
Central Government ◽  
Local Level ◽  
Regional Government ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Historical Approach ◽  
Unitary State ◽  
The Government ◽  
Laws And Regulations ◽  
Regional Governments

Supervision is a part of the overall authority of the government, because at the last level the Central Government must be responsible for the whole administration, justifying the holding of supervision of all regional actions, because the integrity of the Unitary State must be maintained. Regional autonomy as autonomy for regional people and not "regional" autonomy in the sense of a particular region / territorial at the local level, if the implementation of regional autonomy is carried out by the Regional Government, that authority must be managed fairly, honestly and democratically. In administering the government, the central government uses the principles of decentralization, co-administration and deconcentration in accordance with the prevailing laws and regulations, while the regional governments in administering the government use the principles of decentralization and co-administration. The purpose of this paper is to find out, analyze the supervision of regional autonomy. The type of research used is normative juridical research, using a conceptual approach, a legislative approach and a historical approach.

scholarly journals Maju Mundur Transformasi Aturan Mengenai Analisis Mengenai Dampak Lingkungan Hidup di Indonesia

2020 ◽  
Vol 8 (2) ◽  
pp. 144-166
Author(s):  
Ivan Wagner
Keyword(s):  
Job Creation ◽  
Transformation Process ◽  
Investment Climate ◽  
Forward Movement ◽  
Economic Interests ◽  
A Value ◽  
Starting Point ◽  
Global Discourse ◽  
Approach Method ◽  
The Government

Law Number 11 of 2020 concerning Job Creation  has been legally enacted. The government claims that Law Job Creation is to improve the investment climate, especially in the global conditions that are being hit by the Covid-19 pandemic and are predicted to have a correlation with job creation for the peoples. However, from the time the law was proposed, discussed, endorsed, until it was signed, this law has resulted in problems, one of which is about Environmental Impact Assessment (EIA). The research questions formulated are: First, what is the historical trail of the birth and development of the EIA instrument? Second, based on the historical traces of its birth and development, is Law Job Creation a forward movement or is it a backward movement on the discourse of environmental protection? By focusing on the legal history side of EIA, using a socio-legal approach method, it can be conveyed that the traces of regulation on EIA from global discourse to national regulations are actually capable of capturing a value-based transformative vision of environmental awareness and justice. However, the transformation process was mostly carried out by the interests of foreign funding institutions that carried a vision of economic interests that reduced a value-based transformative vision. Law Job Creation is the next milestone in the transformation of regulations regarding EIA and environmental permits. If the vision for the transformation of environmental regulations is about a value-based vision towards a more environmentally aware and environment justice, it is clear that Law Job Creation is like bringing back to the starting point again.

scholarly journals Omnibus Law Dalam Tinjauan Hifdzul Mal

eL-Mashlahah ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 31-46
Author(s):  
Mohammad Farid Fad
Keyword(s):  
Analytical Method ◽  
Qualitative Method ◽  
Investment Climate ◽  
The Government ◽  
The Stability ◽  
Concise Solution ◽  
Laws And Regulations

The government has initiated the omnibus law nomenclature which was triggered by the overlapping and disharmonious implementation of laws and regulations regarding licencing in various sectors which aims at resolving business licencing constraints to lure investors and resolve taxation issues in Indonesia. However, the implementation of omnibus law needs to be reviewed on its benefits in perspective of maqashid syari’ah particularly hifdzul mal concept mainly related to the effectiveness of using the budget to create a conducive tax and investment climate. The qualitative method was used in this research. Descriptive-analytical method was then used to analyze collected data. The results showed that the purpose of establishing omnibus law is to fulfil an urgent need for a concise solution to conflicting laws and regulations, both vertically and horizontally for the benefits and consistency of such conflicting laws. Omnibus law is needed in order to maintain the stability of the State's economy (hifdzul mal) since it is time consuming and costly to address the laws one by one.Keywords: omnibus law, investment, taxation, hifdzul mal. AbstrakBelakangan ini, nomenklatur omnibus law digagas oleh pemerintah yang bermula dari fenomena tumpang tindihnya atau disharmoni peraturan perundang-undangan yang disebut di atas yaitu terkait perizinan di berbagai sektor, yang bertujuan untuk menyelesaikan hambatan perizinan usaha sehingga menarik para investor untuk menanamkan investasinya dan persoalan perpajakan di Indonesia. Namun penggunaan omnibus law ini perlu ditinjau dari sisi kemaslahatannya, dalam perspektif maqashid syari’ah, khususnya konsep hifdzul mal, utamanya terkait efektivitas penggunaan anggaran demi tercapainya iklim investasi dan perpajakan yang kondusif. Jenis metode yang dipakai dalam penelitian ini adalah metode kualitatif. Setelah data terkumpul, akan dilakukan analisis dengan menggunakan metode deskriptif-analitis. Hasil penelitian menunjukkan bahwa tujuan dari pembentukan RUU omnibus law adalah dikarenakan ada kebutuhan mendesak untuk teknik merumuskan undang-undang yang mengubah lebih dari satu peraturan yang relevan, demi menciptakan kemaslahatan dan konsistensi berbagai undang-undang. Omnibus law diperlukan karena berdasarkan pertimbangan kemaslahatan demi menjaga kestabilan perekonomian Negara (hifdzul mal), sebab bila dibenahi satu persatu maka akan memerlukan waktu yang lama dan biaya yang banyak.

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.

The Investment Climate in Russia

2006 ◽  
pp. 48-77
Author(s):  
Article Editorial
Keyword(s):  
Money Demand ◽  
State Level ◽  
Decision Making Process ◽  
Investment Climate ◽  
Operational Environment ◽  
Gdp Growth Rate ◽  
External Conditions ◽  
Potential Gdp ◽  
The Government ◽  
Economic Boom

During the last six years, exceptionally favourable external conditions for an upsurge of the domestic economy have been developed. However, they failed to result in an economic boom, which has been estimated by the authors as quite possible. One of the reasons for this - deterioration of the investment climate in the country that caused a decline of business activities and money demand decrease thus leading to reduction of potential GDP growth rate. The accumulated modernisation problems cannot be resolved without increasing the economic dynamics. But this requires an economic policy able to facilitate predictability of Russian business operational environment, to protect it legally, to secure a system of partnership relations with the government and to respect the interests of the main participants in the state level decision-making process concerning business undertakings and investment climate.

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. 

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