LEMBAGA TUNGGAL PENGELOLA REGULASI: DASAR PEMIKIRAN DAN TAWARAN IMPLEMENTASINYA DALAM KETATANEGARAN INDONESIA

In this article the author seeks to answer, within the context of the Indonesia state organizational system, why and how Indonesia should establish a single government authority entrusted with supervising the making of ministerial policy regulations or regional government regulations. To that purpose a comparison with other countries is conducted. It is a fact in Indonesia that regulatory powers or function is shared by and among different ministries and by regional governments. The result of which is the problem of sectoral approach and the existence of numerous overlapping and conflicting regulations. To overcome this problem, in consideration of best practices in other countries, the author suggests the establishment of a single government agency entrusted with, inter alia, previewing ministerial or regional government draft regulations.

TANTANGAN DALAM PENYELENGGARAAN PELAYANAN PUBLIK YANG EFEKTIF PADA PANDEMI COVID 19

State or government affairs shall be conducted in accordance with the principles of good governance. This is considered a must in normal times and more so when the government have to deal with the COVID-19 pandemic. This general obligation is also in line with the theory proposed by Muchsan about the welfare state and the government’s obligation to provide public services. But reality shows a different picture. The Indonesian government seems to fail in providing good and reliable services in health care, public transport, social assistance, economy, and security. One solution proposed is to appoint a person in charge of managing public complaints. The expectation is that this will empower the public, raise public awareness and increase government capacity to provide for public services.

MITIGASI BENCANA PERKAWINAN ANAK SEBAGAI UPAYA MEWUJUDKAN KELUARGA SAKINAH: PERSPEKTIF FIKIH PERLINDUNGAN ANAK

Child marriage, in the final analysis, is denial of childrens basic right. The practice also violates the prevailing law which sets a statutory age limitation for both men and women to marry at 19 years. The author seeks to analyse this legal-societal issue from Islamic law perspective. The analysis starts from the general observation that to prevent future dissent-disolvement of marriages, both parties should consider “rusyd”, in other words, their own or potential partners psychological, biological, and socio-economic maturity. In addition, to prevent child marriage, attention should be given to basic values of benefit (al mashlalah), the general principle of affection (mawaddah wa rahmah) and fulfillment of needs (taufir al-hajat).

IMPLIKASI YURIDIS TRANSFORMASI UNIT SYARIAH PERUSAHAAN ASURANSI/REASURANSI KE DALAM PERUSAHAAN ASURANSI/REASURANSI SYARIAH

In this article the author examines the juridical implications of transforming Units of Insurance/Reinsurance Company into Sharia Insurance/Reinsurance Company. It peruses two different models, the pure model, and the acquisition model. Both have its own strong and weak points. The pure models show its strongest point in being simpler about Sharia compliance. Its weakness, however, is the requirement of priory obtaining permit in principle and business permits. In contrast, the superiority of the acquisition model lies in its simplicity of licensing and conversion permits. Its disadvantage is in the complexity of contract conversion. Regarding assets and liabilities, strict adherence to the Sharia principles, voluntarisms, and avoidance of the mixing of halal and haram, is a pre-requisite

PEMBERLAKUAN KETENTUAN PASAL 21 UNDANG-UNDANG NOMOR 30 TAHUN 2014 DALAM PENANGANAN KORUPSI

This research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court.

URGENSI AUTOPSI FORENSIK DAN IMPLIKASINYA DALAM TINDAK PIDANA PEMBUNUHAN

The court does not always demand or require visum et repertum when examining homicide cases. Forensic autopsy may not be required at all by the criminal court when deciding that the accused is guilty of homicide as charged. The verdict may be reached based on other evidence. The author, using a juridical normative approach, concludes that the absence or presence of a visum et repertum does influence the judge’ consideration and matters to the final verdict. Considering that, regardless of the surviving family’s consent, in cases of unnatural death, forensic autopsy and the making of a visum et repertum should be mandatory.

KOMITMEN INDONESIA DALAM PELINDUNGAN WARISAN BUDAYA BAWAH AIR DI PERAIRAN INDONESIA

This article discusses the extent to which Indonesia provides legal protection to prehistoric and historical object, especially shipwrecks, found within its national waters. It is known that Indonesia has not decide to ratify the UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage (UNESCO 2001 Convention). Legal audit performed to existing national rules and regulations reveals that, legally wise, Indonesia has shown its commitment to ensure that underwater cultural heritage within its maritime zones enjoy protection. In addition, it may be argued that therefore Indonesia is not in a position having to ratify the UNESCO 2001 Convention soon.

LEGALITAS PEMERIKSAAN SIDANG PERKARA PIDANA MELALUI MEDIA TELECONFERENCE DI MASA PANDEMI COVID-19

The focus of this research is to identify regulations governing the implementation of criminal case trials using teleconference media in Indonesia and to analyze the legality of these trials during the COVID-19 pandemic. This research is a normative legal research. Legal materials are obtained through literature study and interviews with legal practitioners, then processed qualitatively. Based on the results, the author obtained two conclusions. First, regulation of criminal case trials using teleconference media in Indonesia has been regulating in several laws in Indonesia. Second, the implementation of the trial during the COVID-19 pandemic, which required the defendant to remain in prison, was contrary to the principle of the defendant's presence at trial as regulated by the Criminal Procedure Code. Besides, the legal-based in the form of a circular cannot override the Criminal Procedure Code. Meanwhile, the legal umbrella in the form of an agreement is not appropriate considering its dimensions are private and only bind the parties. Keywords:criminal trials, teleconference, the COVID-19 pandemic AbstrakFokus pembahasan penelitian ini adalah mengidentifikasi peraturan perundang-undangan yang mengatur pelaksanaan sidang teleconference di Indonesia dan menganalisis legalitas persidangan perkara pidana yang memanfaatkan media teleconference di masa pandemi COVID-19. Penelitian ini merupakan penelitian hukum normatif. Bahan hukum diperoleh melalui studi kepustakaan dan wawancara dengan praktisi hukum yang kemudian diolah secara kualitatif. Berdasarkan hasil penelitian, Penulis memperoleh dua kesimpulan. Pertama, pemeriksaan sidang perkara pidana melalui media teleconference di Indonesia sudah diatur dalam beberapa peraturan perundang-undangan di Indonesia. Kedua, pelaksanaan persidangan tersebut di masa pandemi COVID-19 yang mengharuskan terdakwa tetap berada di Rutan/Lapas bertentangan dengan asas kehadiran terdakwa di persidangan sebagaimana diatur oleh KUHAP. Selain itu, payung hukum berupa surat edaran bukan merupakan peraturan perundang-undangan sehingga tidak dapat mengenyampingkan KUHAP. Sedangkan, payung hukum berupa perjanjian kerja sama tidaklah tepat mengingat dimensinya yang bersifat privat dan hanya mengikat para pihak. Kata Kunci:persidangan pidana, teleconference, pandemi COVID-19

MEKANISME LEGISLATIVE REVIEW PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG DALAM PERSPEKTIF POLITIK HUKUM

With the issuance of Constitutional Court decision No. 138/PUU-VII/2009, a legal conflict arises between the Parliament and Constitutional Court, regarding which state institution possess the authority to review any Government Regulation in lieu of Law. Both institutions declared themselves to be having the sole authority to do just that. The author, using a juridical normative approach, suggest otherwise. In the auhtor’s opinion, it is the Parliament who should be regarded as having the sole authority. This said taking into consideration that – as soon as the emergency justifung the issuance of the government regulation in lieu of legislation ends – both the government and the parliament shall as soon as possible convene to determine whether this government regulation should be declared null and void or elevated to the status of Law.

UPAYA PENCEGAHAN PEMUTUSAN HUBUNGAN KERJA PEKERJA DI SEKTOR FORMAL BERDASARKAN KEADAAN MEMAKSA PANDEMI COVID-19

The business world everywhere including those in Indonesia cannot but felt the brunt of economic slowdown caused by the public health emergency (the COVID 19 pandemic). Quite a few national and local businesses have had to close their operation and lay off all its employees. Although the consensus between the government, workers (individuals and unions) as well as employers is to prevent and avoid termination of employment at all costs, the Law No. 11 of 2020, re. Job Creation allows massive dismissal of employees due to economic necessity or state of emergency. This article shall critically examine how the prevailing law, Law No. 11 of 2020 re. Job Creation regulates termination of employment in case of state of emergency.