Reformulation of the Function of the Board of Directors as an Organ of Persero Company in the Framework of Legal Development

This article discusses the urgency of reformulation of the function of the Board of Directors as an organ of persero company in carrying out the company's business activities to obtain profits that are further deposited to the state as non-tax state revenues. This research is normative research. The results of this study show that the transfer and guarantee actions carried out by Directors against persero's assets are one form of legally valid management as long as it is in accordance with the laws and regulations, its basic budget and the interests of persero. In order to achieve legal certainty, it is necessary to reformulate the function of the Board of Directors of Persero in the laws and regulations into the function of management, ownership and representing persero both in and in court as long as it is in accordance with the laws and/or articles of association of Persero.

Legal Protection for Indonesian Freelance Workers in Law Number 11 of 2020 Concerning Work Creation: Analysis of Changes in Legal Protection for Freelance Workers in Indonesia after the Omnibus Law

This research aims to review the legal protection for freelancers in Indonesia, stipulated in Law Number 11 of 2020 concerning Job Creation. In-Law no. 13 of 2003 concerning Freelance Employment in Indonesia is claimed not to have a clear legal umbrella. The problems examined in this research include the form of freelance legal relations in Indonesia? And the legal protection for freelancers in Indonesia in Law Number 11 of 2020 concerning Job Creation? This research uses normative methods with a statute, case, and historical approach. The results showed that freelance legal relationships in Indonesia were divided into two categories: freelancers who entered into work agreements through platforms that acted as intermediaries and freelancers who entered into work agreements directly without intermediaries. Previously, there were only additional regulations in the form of Kepmenakertrans No. 100 of 2004 concerning the Provisions for the Implementation of a Work Agreement for a Specific Time, and no specific regulation has been found in Law no. 13 of 2013 concerning Manpower. After the enactment of Law Number 11 of 2020 concerning Job Creation and also Government Regulation No. 35 of 2021 concerning Specific Time Work Agreements, Transfer, Working Time and Rest Time, and Termination of Employment, the legal status of freelance workers in Indonesia has a clear legal umbrella, which is classified as a specific time work agreement (PKWT). This finding also answers the concerns of previous researchers who stated that there is no legal protection for freelancers in Indonesia.

Criticism of the War on Terror

The war against terror in the mainstream of approaches and strategies is very stigmatizing towards certain cultures and results in unclear targets. The controversy over the U.S. attack on Iraq during the presidency of G W Bush Jr. was related to the issue of international legitimacy and the mainstream conceptions of terror and terrorism, with their derivative products in the approach and strategy of the war on terror. This research presents critical views from the international community on the conception of terror and terrorism and highlights the policy of the fight against terror. This research is qualitative research, with literature review and analysis method in the form of meta-analysis. The findings of this research are that many experts in the international community criticize the conceptions of terror and terrorism and propose other approaches that are considered fair and reasonable. That approach is cultural identification regarding acts of terror (the act of terror) whose emergence factors are stratified and the scope of ethnicity, nation-state, and the dominance of the giant business sector. This alternative approach can be a more just way of handling terror acts and solid moral, legal, and political basis.

The Covid-19 Pandemic as The Basis for Termination of Employment in Indonesia, Between Force Majeure or Efficiency (Analysis of Decision Number: 781 K/Pdt.Sus-PHI/2021)

The 2019 Coronavirus Disease (Covid-19) pandemic caused a health crisis and caused economic disruption, one of which was companies experiencing decreased sales or orders, decreased revenues, increased losses, and even company closures. One of the steps taken by the company is to terminate the employment relationship (PHK), which often causes debate about the terms and compensation for the layoffs received by workers. Things that are often debated include whether the layoffs due to the Covid-19 pandemic were carried out based on force majeure or efficiency. This research was conducted to determine how the layoffs are arranged due to force majeure and efficiency and to determine the views of the panel of judges who examined cases of industrial relations disputes in Decision Number 781 K/Pdt.Sus-PHI/2021. This study uses a normative juridical method with descriptive characteristics, which uses primary and secondary legal materials. The results of this study indicate that the labor law both before and after the enactment of Law Number 11 of 2020 concerning Job Creation provides space for employers to carry out layoffs based on force majeure or efficiency, and there are significant differences in arrangements before and after the enactment of the Job Creation Act. The view of the Panel of Judges in case Number 781 K/Pdt.Sus-PHI/2021, there is a need for a causal relationship between the Covid-19 pandemic and conditions that force employers to lay off workers. If causality cannot be proven, layoffs are an efficiency measure to reduce the impact of the Covid-19 pandemic.

Optimizing The Role of the General Election Commission in Realizing Democratic Elections in Indonesia

The mechanism for transferring people's sovereignty is carried out through general elections to elect leaders and representatives of the people who will be mandated to carry out state and government affairs in accordance with the provisions contained in the legislation. One of the interesting developments from the point of view of the Indonesian state administration began when Indonesia experienced a transitional period of general elections (elections) which are one of the main pillars of democracy. In Indonesia, the existence of an election management body has existed since the 1955 general election until now. In every course of political history, Indonesia has several different institutional models of election management from time to time. The General Election Commission in Indonesia it is called Komisi Pemilihan Umum (KPU) is an institution that carries out the function of organizing elections in Indonesia. In addition to the KPU, there are institutions that also play an important role in the implementation of elections and are closely related to the existence of the KPU, namely survey institutions that carry out quick count processes. The survey institutions in a number of developing countries, especially those that are actively building democracy, are also not a little doubted by their moral honesty, at least being sued with a critical attitude such as the existence of a poll on the existence of a political survey institution, which has resulted in an attitude of uncertainty about the performance survey agency. This condition makes people less confident in the survey results which are considered no longer independent. It is proven that every time an election is held, a number of survey institutions seem to want to lead public opinion towards certain contestants. This is certainly very unfortunate considering that the survey results are one of the important instruments in democracy.

Does the ‘Two Dogs’ Method of Clandestine Synthesis Use Precursors that are not Legally Regulated on the Australian East Coast?

In the State of New South Wales (NSW), Australia, the prosecution in criminal proceedings is seeking deterrence punishment for offenders manufacturing 3,4-methylenedioxyamphetamine (MDA) from the precursor helional via the ‘Two Dogs’ method (TDM). The reason given by the prosecution is a presumption that the TDM does not use any unrestricted chemicals in the synthesis of MDA. A comprehensive literature search was conducted. The relevant law was searched to fact-check the assertion of the prosecution. It was found that the prosecution was incorrect. Intermediate precursors of the TDM are restricted in NSW. However, the starting precursor helional remains unscheduled in NSW, yet helional is scheduled in some other Australian States. The prosecution’s position may play a significant factor in the sentencing proceedings of offenders. Therefore, as a matter of urgency, the prosecution must review and update its position and its submissions, keeping with the factual position in relation to the legal provisions of precursors used in the TDM.

Law Enforcement on Indonesian Sovereign Wealth Fund to Strengthen the National Economy

As a new institution in Indonesia, Sovereign Wealth Fund need to be equipped with a solid legal basis and supported by international standard governance. As a form of the Government's commitment to accelerate the operationalization of this Institution, the Government has established 3 (three) legal products related to the Investment Management Agency. The first legal product in Government Regulation (PP) Number 73 of 2020, Government Regulation Number 74 of 2020, and Presidential Decree Number 128/P of 2020 concerning the Establishment of the Selection Committee for the Selection of Candidates for the Sovereign Wealth Fund Supervisory Board from Professional Elements. This research aims to identify two aspects related to the position of Sovereign Wealth Fund in Indonesia and assess whether the existence of the above legal products is a form of law enforcement against Sovereign Wealth Fund in Indonesia with international standards. The study results indicate that the legal position of the Sovereign Wealth Fund (LPI) can be equated with similar institutions that have previously been established, such as State-Owned Enterprises and the Investment Coordinating Board. The regulation of investment management institutions in the work copyright law still has weaknesses, namely from supervision.

Comparison of Contractual Liability Patterns in the British Legal System and the Iranian Legal System

No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.

Managing Green Rights in Indonesia: Presenting the Appearance of Excellence

The primary goals of this qualitative article are to both theoretically and practically examine Vasak's concept of third-generation human rights in the Indonesian Constitution. The constitutionality of Vasak's concept of green rights in his third generation of human rights reflects Indonesia's commitment to a healthy and sustainable environment. However, the concept is not applicable in practice because it is only disguised as having environmental merit. Therefore, the green rights mentioned throughout Indonesia's development have a negative environmental impact as this country employs counterproductive environmentally friendly strategic plans but mostly infringes human rights. This study employs the socio-legal method, as well as human rights and statutory approaches. The study is based on a desk review of the Constitution, International Covenant referenced books, legal doctrines, articles, law journals, and environmental rights documents. Along with institutional, implementation, and policy design failures, the Green Rights in the 1945 Constitution have not been applied holistically. To achieve environmentally friendly, sustainable development and the emergence of intergenerational justice and human rights, the country must incorporate the concept of green rights into its constitution in a holistic manner between humans and nature.

The Importance of Community Understanding of Political Ethics and Culture in Developing A Democratic Political Culture in Indonesian Regions

The reformation initiated and marked by President Suharto's fall (21 May 1998) is essentially a demand to carry out democratization in all fields. In the Indonesian context, understanding ethics and political culture in the midst of demands for democratization in all fields is a necessity because the Indonesian nation is, in reality, a diverse nation, from the aspects of ethnicity, religion, race and inter-group (SARA), all of which obviously affect the pattern, style, ethical character, and political culture. This research aims to analyze the importance of the people’s understanding of ethics and political culture in developing a democratic political culture in Indonesian regions. The method used is normative legal research by analyzing norms in the Indonesian constitution, laws, and other legal sources. The result of this research us that the efforts to understand the society's political ethics and culture based on Pancasila in the current reformation era, especially in regional areas, are significant because the Indonesian nation is carrying out reforms in all fields which, of course, require the support of all elements of society to behave in ethical ways and uphold a Pancasila-based culture. Various efforts to form ethical behaviors and culture based on Pancasila should be immediately carried out by both the state and all Indonesian citizens. These efforts, in addition to education, training, workshops and seminars, should be associated with Pancasila ideology, the noble values of Pancasila should be included in every statutory regulation in Indonesia, and which is no less important and in fact the most important, is the examples set by leaders, both at local and national levels, so that democratization which is the ideal of the reformation can be achieved in accordance with the noble values of Pancasila.