scholarly journals KUDETA REDAKSIONAL DALAM PROSES LEGISLASI NASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 162-181
Author(s):  
Ni Ketut Wiratny ◽  
Ni Luh Putu Geney Sri Kusuma Dewi
Keyword(s):  
Final Stage ◽  
Plenary Session ◽  
Secondary Data ◽  
Legislative Process ◽  
Constitutional Court ◽  
Special Committee ◽  
Material Defects ◽  
The Third ◽  
The Government ◽  
The Right

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Return of Corruption Assets toward Criminal Actions of Office Abuse

2021 ◽  
Vol 4 (2) ◽  
pp. 2114-2120
Author(s):  
Rahmayanti Rahmayanti
Keyword(s):  
Political Development ◽  
Secondary Data ◽  
Social Institutions ◽  
Public Official ◽  
State Institutions ◽  
Data Source ◽  
The Government ◽  
Important Position ◽  
The Stability ◽  
The Right

Corruption is a serious problem because it can endanger the stability and security of society, destroy democratic values and morality, and endanger economic, socio-political development, and create massive poverty so that it needs attention from the government and society and social institutions. The purpose of this study is to determine and analyze the sanctions arrangements for corruption in the abuse of office and the return of assets resulting from corruption against criminal acts of abuse of office based on Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption Eradication. The research that was conducted was juridical normative, the data source used to support this research was secondary data sources. The return of assets from corruption has occupied an important position in eradicating corruption. a criminal act of corruption is an act directly related to the authority (bevoegheid), the right to rule or act as the power of a public official to comply with the rule of law in the scope of carrying out public obligations. The return of assets is based on the principles of social justice which gives the ability, duty and responsibility to state institutions and legal institutions to provide protection and opportunities for individuals in society to achieve prosperity, so that this is in line with the objectives of the State as specified in UUD 1945. 

From Parliament to Courtroom

2015 ◽  
Vol 30 (1) ◽  
pp. 120-146 ◽  
Author(s):  
Lubomír Kopeček ◽  
Jan Petrov
Keyword(s):  
Transitional Justice ◽  
Judicial Review ◽  
Political System ◽  
Point Of View ◽  
The Political ◽  
Legislative Process ◽  
Constitutional Court ◽  
Lower House ◽  
Strong Position ◽  
The Government

The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.

scholarly journals Schipperen tussen twee rijken: Q en het Romeinse gezag

2012 ◽  
Vol 68 (1) ◽  
Author(s):  
Mark R.C. Grundeken
Keyword(s):  
Roman Empire ◽  
Church And State ◽  
Kingdom Of God ◽  
Small Community ◽  
Imperial Cult ◽  
The Third ◽  
Standing Up ◽  
The Government ◽  
The Right ◽  
Heaven And Earth

Compromising between two powers: Q and the Roman Empire. The study underlying this article investigated the attitude of Sayings Source Q towards the Roman authorities and their representatives. It primarily aimed at contributing to scholarly discussions on the relationships between early Christianity and the Roman Empire, but it also attempted to put the research in a broader context of present-day discussions on the issue of ‘church and state’. The first part of the study dealt with Q’s views on the government. The second part studied Q’s views on the emperor cult. The third and final part aimed at putting Q’s views on the authorities and on the veneration of the emperor in the right context. It concluded that Q compromises between idealism and realism. Its attitude towards the government is quite hostile. It portrays worldly power as demonic (Q 4:5–6; 11:18, 20), it regards God as the only true Lord of heaven and earth (Q 10:21) and rejects the legitimacy of the imperial cult (Q 4:5–8). It fully focuses on the completion of the kingdom of God (Q 6:20; 7:28; 10:9; 11:2b). Yet, as a relatively small community (Q 10:2), the Q people seem to have realised that there was no point in standing up against the Roman authorities and their representatives. Q’s propagated views on Roman power are not characterised by active resistance, but by passive dissidence (Q 6:22–23, 27–32; 12:4–5). Within the context of the Roman Empire, it was better to be a realist than a revolutionist.

scholarly journals Dynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents

2017 ◽  
Vol 2 (2) ◽  
pp. 234
Author(s):  
Winda Wijayanti
Keyword(s):  
Local Governments ◽  
Birth Certificate ◽  
Active Role ◽  
District Court ◽  
Birth Certificates ◽  
Constitutional Court ◽  
The Government ◽  
One Year ◽  
The Right ◽  
Improve State

The state is obliged to protect and recognise the legality of a person’s birth. Registration of birth in the form of a birth certificate is proof of one’s origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.

scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
pp. 28-35
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva
Keyword(s):  
Practical Interest ◽  
Legislative Process ◽  
Information Transparency ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Legislative Activities

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

scholarly journals PELEPASAN HAK ATAS UPAH DALAM PERJANJIAN BERSAMA ANTARA PENGUSAHA DAN PEKERJA/BURUH

2019 ◽  
Vol 3 (1) ◽  
pp. 107-124
Author(s):  
Elizabeth Irianti Mayangsari Runtu
Keyword(s):  
Economic Development ◽  
Minimum Wage ◽  
Minimum Wages ◽  
Constitutional Court ◽  
Collective Agreement ◽  
Community Work ◽  
Work Relationship ◽  
The Government ◽  
The Right ◽  
Binding Power

Humans must work to maintain their survival, without working humans will not be able to maintain their lives well. Economic development is inseparable from the name of employment which covers all aspects of people's lives where labor and employers conduct a work relationship as an effort to meet the economic needs of the community. Work agreements between employers and workers cannot be separated from the discussion of the problem of the amount of wages and the method of payment. In accordance with Law No. 13 of 2003 concerning Manpower Article 88 paragraph (1), paragraph (2) and paragraph (3a), the government establishes wage policies to protect workers in order to obtain income that fulfills decent livelihoods for humanity, including through minimum wages. In this thesis the constituent focuses on releasing the right to wages made by workers / laborers with a joint agreement between the parties, which also discusses sanctions imposed on employers if the employer pays a wage under the minimum wage stipulated by the local governor. And the compilation target in this journal is whether the release of rights in a collective agreement has binding power in the implementation of Constitutional Court No 72 / PUU-XIII / 2015 decision, of course in legal corridors as stipulated in Law Number 13 of 2003 concerning Labor. Hopefully this journal can be a useful reading and add insight to its readers.

scholarly journals NRLM Programme: Progress Of Women Entrepreneurs With Special Reference To Varanasi District

2018 ◽  
Vol 14 (02) ◽  
Author(s):  
Sofia Khan
Keyword(s):  
Women Entrepreneurs ◽  
Growth And Development ◽  
Secondary Data ◽  
Research Paper ◽  
The Third ◽  
Self Help ◽  
Rural Livelihood ◽  
The Government ◽  
Self Help Groups ◽  
Women In India

A lot of research has been carried out and are being carried out for the growth and development of women in India. In light of this, the present research paper tries to study the progress of the Women Self Help Groups (WSHGs) under National Rural Livelihood Mission (NRLM) in Varanasi district. This research paper has been divided into seven sections: the first section outlays the introduction. The second section deals with the brief literature review. The third section explains the detailed research methodology adopted to carry out the study and deals with the objective of the research paper which is to study the progress of women entrepreneurs under NRLM in Varanasi. The study is descriptive in nature and purely based on secondary data obtained from DRDA of Varanasi, which examine the progress of the WSHGs under NRLM programme of the government in Varanasi. The fourth section presents the findings of the research attempted for the study. The fifth section deals with the concluding remarks and would enlighten us to understand the reality of the initiative. The sixth section and seventh section tries to highlights the recommendations/suggestions and limitations of the study respectively.

scholarly journals Kajian Yuridis Tentang Kesadaran Warga Negara Untuk Menggunakan Hak Pilih Dalam Melaksanakan Demokrasi Pada Pemilihan Kepala Daerah

2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah
Keyword(s):  
Secondary Data ◽  
Voting Rights ◽  
State Institutions ◽  
Leadership Management ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Regional Leaders

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.

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