The 1st Proceeding International Conference And Call Paper
â€Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Reviewâ€
Strength And Weaknesses Of Omnibus Law In Indonesia
Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). And when the regulation is enacted the consequence is to revoke some of the rules resulting from the merging and its substance subsequently declared invalid, both in part and as a whole. So Omnibus Law wants to answer two things at once, there are namely legal efficiency and harmonization of the law.In the description of writing, the problem is how are the strengths and weaknesses of the omnibus law in Indonesia?As for some of the benefits of establishing an Omnibus Law which is at the same time a force in the realm of positive law in Indonesia, among others: 1. Omnibus Law can overcome conflicting laws and regulations quickly, effectively and efficiently; 2. Omnibus Law can be able to uniform government policies both at the central and regional levels to support the investment climate; 3. Licensing management is more integrated, efficient and effective with the existence of Omnibus Law; 4. Omnibus Law can break the long bureaucratic chain; 5. Omnibus Law can improve coordination relationships between related agencies because it has been regulated in an integrated omnibus regulation policy; 6. With the Omnibus Law can guarantee legal certainty and legal protection for policy makers with existing. As for some of the issues raised in the Omnibus Law as well as its weaknesses are as follows: 1. Drafting of bills that are not participatory; 2. Omnibus Law has great potential in terms of environmental damage; 3. Omnibus Law is the centralization of licensing
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OMNIBUS LAW BETWEEN JUSTICE AND BENEFITS
President Joko Widodo wants to cut regulations in various sectors specifically in the economic and investment sectors through the omnibus law approach (repealing many laws and regulations with one law). However, whether the simplification of regulations in all sectors must and must be done through the omnibus law approach and it is also natural to ask omnibus law for whom. This is due to the many regulations that have been cut, so there are also many risks that will be faced in the future, both from the environmental sector, workers’ welfare, so that this will lead to mass layoffs in many companies. In the description of writing, the problem is how is the Omnibus Law review viewed in terms of justice and expediency? The existence of the omnibus law is believed to provide justice and a number of benefits. The concept of the omnibus law can be used by the Indonesian government to overcome two things; First, the problem of the criminalization of state officials. During this time, many government officials are afraid to use discretion in making policies related to the use of the budget, because if proven to suffer losses, they can be charged with corruption. Second, the omnibus law can be used in Indonesia to harmonize central and regional policies in supporting the investment climate. In this regard, the omnibus law can be a concise solution to conflicting laws and regulations, both vertically and horizontally
JURIDICAL REVIEW OF THE FORMATION AND IMPLEMENTATION OF OMNIBUSLAW IN LAW SYSTEM
Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). For some people, it still feels strange to hear the term Omnibus Law. Even some legal academics are still debating the concept of the Omnibus Law if it is implemented it is feared that it will disrupt the Indonesian legal system because it is allegedly the cause of the legal system adopted in Indonesia, which is the dominant Civil Law, while the Omnibus Law comes from the Common Law system. In the description of writing, the problem is how is the juridical review of the implementation of the Omnibus Law in the Indonesian legislative system? Can it be applied in the Indonesian legislative system? Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate and as a guarantee of legal certainty and legal protection for policy makers. In the hierarchy / sequence of laws and regulations in Indonesia, the concept of Omnibus Law has not been included as a principle in legal sources, but harmonization of laws and regulations in Indonesia is continuously carried out to minimize conflicts of laws and regulations. The law that will later be produced from the Omnibus Law concept can be referred to as the Umbrella Law because it regulates thoroughly and then has power over other rules. However, in Indonesia it does not adhere to the Umbrella Law because the position of all Laws is the same, so its position must be given legitimacy in Law No. 12 of 2011 needing to be amended.
IMPACT OF LAW OMNIBUS APPLICATION IN INDONESIA IS POSSIBLY HAPPENING TO ENVIRONMENT DEGRADATION
Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). As a consequence, regulations regarding environmental protection appear to be the main targets to be changed and simplified. Therefore, the potential for environmental neglect that develops into a criminal direction is very likely to occur because in the process of environmental degradation that is detrimental to various parties. In the writing of the problem, the problem is: What is the potential for environmental degradation as a result of the omnibus law and its relation to the crime of environmental destruction? Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate. Eliminating AMDAL in national projects is one form of serious risk to the environment. AMDAL according to Article 24 paragraph 1 of Law No. 32 of 1999 states that AMDAL is a source of eligibility in environmental testing. The AMDAL document will include a business impact assessment, evaluation of activities in the vicinity of the affected location, input suggestions and responses from the affected communities forecasts of the magnitude of the impact, evaluation of management and environmental monitoring.
Omnibus Law in Progressive Law Views in Indonesia
Omnibus law is a method or concept of making regulations that combines several rules with different regulatory substance, into a large regulation that functions as a legal umbrella (umbrella act). As for the phenomenon relating to laws and regulations that are now surfacing and reaping debates, when the government submits the Draft Bill on the Employment Copyright to the House of Representatives the debate on the matter arises not without reason, because the Draft Bill on the Employment Copyright it was formed by the government through Omnibus Law. Not only that, even of the 50 Draft Laws included in the 2020 National Legislation Program (Prolegnas), four of them are omnibus law which consists of a Bill on the National Capital, a Bill on Pharmaceuticals, a Bill on Copyright on Employment, and a Bill on Provisions and Tax Facilities for Strengthening the Economy. In the description of writing, the problem is how is Omnibus Law viewed from the view of progressive law in Indonesia? In the hierarchy / sequence of laws and regulations in Indonesia, the concept of Omnibus Law has not been included as a principle in legal sources, but the harmonization of laws and regulations in Indonesia is continuously carried out to minimize conflicts of laws and regulations. Professor Satjipto Rahardjo gave an example of legal means and a person who is a maverick to realize greater legal and social goals. Discretion in the police. In a condition where the police are given the authority not to apply the law that should be based on consideration of saving the situation. This often happens in traffic settings. In addition there is also deponeering or overriding the ongoing legal process.
OMNIBUS LAW WAS REVIEWED FROM THE EXCESS AND LACKS OF THE LEGAL CODIFICATION SYSTEM IN INDONESIA
Pros and cons of opinion that enlivened the government’s plan related to the omnibus law, among those who supported the government’s plan, stated that the omnibus law was the right solution to address the overlapping issues of several laws and regulations in Indonesia. But the opponents or contra think that the omnibus law plan is considered as an effort to delegitimize the rights of each sector of the nation’s life, especially concerning labor and other sectors that can be affected due to their enactment. The problem in writing this paper is how is omibus law in terms of advantages and disadvantages of the legal codification system in Indonesia? Codification and omnibus law systems are systematic and integrated written patterns of norms for written regulations based on the principle of popular sovereignty with the formation of laws as a product of political approval or the highest legislative act under the law basis through people’s representative institutions whose elaboration is further stipulated by executive acts by the implementing agency of the law or branch of executive power. Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate and as a guarantee of legal certainty and legal protection for policy makers. Even though the aim is good, it must still be considered in terms of advantages, that is, there are efficiencies and shortcomings that allow for legal deviations in our legal codification system in Indonesia.
OMNIBUS LAW AS SIMPLIFICATION OF LEGISLATION IN INDONESIA
At present, the application of the Omnibus Law or “Omnibus Lawâ€ has become the political will of the President because it has been officially presented before the Plenary Session of the MPR-RI at the inauguration ceremony of President Joko Widodo on October 20, 2019 ago. However, the omnibus law policy is only for 2 bills, namely the bills related to Job Creation and bills related to Empowerment of Micro, Small and Medium Enterprises. However, the mention of the two Laws in the President’s official speech can be considered only as an example or as a “pilot projectâ€. The problem in this paper is how is the omnibus law in the process of simplifying legislation in Indonesia? To overcome the tendency towards less productive national legislation, several changes in national legislation and policies are needed. First, the legislative mechanism can be made simpler, including the format of the law can be arranged to be simpler. Second, each law has an equal position with other laws. Therefore, to ensure that there is integration in every agenda for the formation of laws, the practice of ‘omnibus law’ as a custom formed in the ‘common law’ system since 1937 can be applied in Indonesia, even though Indonesia adheres to the tradition of ‘civil law’ system
PREROGATIVE RIGHTS OF PRESIDENTS IN OMNIBUS LAW
Omnibus Law can be interpreted as a law (Act) created to target a major issue that might be able to revoke or change several laws at once so that it becomes simpler. Some people think that the President’s actions are still in the corridor of the constitution, because they are seen as part of the President’s prerogative. Some other groups have different views, which the President’s actions are not within the framework of the President’s prerogative rights, but rather violations or arbitrariness. The problem in this paper is the question that arises, whether the 1945 Constitution guarantees prerogative rights to the president, especially in relation to the omnibus law? In general it can be understood that the 1945 Constitution grants prerogative authority to the President through Article 10 through Article 15 and Article 17, so that the President in exercising his authority does not need to seek approval from other institutions, such as the DPR (House of Representatives). However, with the Omnibus Law plan in Indonesia, including the Omnibus Law for Employment and Omnibus Law, Taxation needs to be reviewed and approved by the DPR (HOUSE OF REPRESENTATIVES). In the future, the power of the President must be explicitly regulated in the constitution or law so that its implementation can be easily controlled. For this reason, the DPR (HOUSE OS REPRESENTATIVES) must actively oversee the administration of the government by using its rights optimally and proportionally.
OMNIBUS LAW AND IT’S IMPLEMENTATION OF INDONESIAN COUNTRY MARITIME DEFENSE AND ISLAMIC LAW VIEWS ABOUT STATE DEFENSE
President Joko Widodo stated that the enforcement of maritime sovereignty is one of the main programs to realize Indonesia as a global maritime foundation. One area, which is complicated and requires serious attention from the government, is the maritime security sector. At present, Indonesia has at least 17 laws governing law enforcement at sea with nine law enforcement agencies operating. At present, various laws regulate various law enforcement agencies at sea. Each institution has a different mandate in a particular maritime zone. For example, the Indonesian Navy and BAKAMLA and the Ministry of Maritime Affairs and Fisheries have the authority to carry out law enforcement through the Exclusive Economic Zone (EEZ). Water police only have authority in the waters of the Indonesian archipelago, internal water, and territorial sea. In practice, there is no single ideal model for law enforcement at sea. From the background description above, the formulation of the problem that the author wants to analyze is how is the implementation of the omnibus law in Indonesia’s maritime national defense as well as the Islamic legal perspective on national defense? In Islam, International Relations are characterized as Mua’malat taken from Arabic or also in Islamic law as Syiar which is International Islamic law. In addition, Islam also has the principle of International Relations that regulates relations between nations in other countries both Muslim and non-Muslim. The form of the relationship is mu’minun and mu’ahidun or mu’minun with people without an agreement. Defending the country is one form of patriotism; patriotism must be proven by practice as has been carried out by the Prophet Muhammad in personal and social life. With the existence of the omnibus law, it is hoped that there will be no overlap and conflict in maritime defense in Indonesia in particular, so that a full state defense can also be realized.
OMNIBUS LAW AND PROBLEMATICS LABOR IN INDONESIA
Omnibus Law is a merging of several laws into one regulation. The purpose of the government to create an omnibus law is to combine 1,244 articles and 79 laws in one regulation. One of the laws which are incorporated in the omnibus law is the Manpower Act. In the Draft Omnibus Law Employment Copyright will create 11 changes including simplifying licensing, investment requirements, foreign workers, working hours, workers’ rights and protection, adding to the types of layoffs, and strengthening social security. The problem in this paper is how are the problems surrounding labor law as a rule of law included in the omnibus law agenda?Basically, this omnibus law is one of the opportunities seen by the president where this could be the answer to the problems that exist in Indonesia. Because he is tackling convoluted policies, but in the eyes of the people, especially the affected people, actually judge by the loss of rules this even eliminates the certainty set out in Law No. 13 of 2003 concerning Manpower. In addition there are rules which are not abolished, but are conceptually replaced, which can have implications that lead to other conflicts, especially related to the rights of local workers who are Indonesian citizens who must be protected by a just law.
OMNIBUS LAW IN INDIGENOUS LAW VIEWS IN INDONESIA
Omnibus law Bill of Employment Creation contains many problems in many ways, from legal conventions to sectored articles. More and more criticism is directed at the omnibus law, a draft regulation that aims and simplifies overlapping rules. In Indonesia, the Cipta Karya omnibus law will be used to facilitate investment. The government under President Joko Widodo believes that the overlapping of regulations makes investments not go in so that the economy does not go fast. In writing this paper, the problem is how is Omnibus Law viewed from the view of customary law in Indonesia? Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate and as a guarantee of legal certainty and legal protection for policy makers. In the hierarchy / sequence of laws and regulations in Indonesia, the concept of Omnibus Law has not been included as a principle in legal sources, but harmonization of laws and regulations in Indonesia is continuously carried out to minimize conflict of laws and regulations. The assumptions and perspectives on the problem are not comprehensive, such that since the beginning of the idea of forming the Omnibus Law, the Government has failed to examine the facts that occur in the field and also failed to put the Indigenous Peoples in the right position. Excessive worship of large scale investment so far has shown facts that are very detrimental to Indigenous Peoples. On top of this worship, customary territories were seized and then given permission to invest in the forestry, plantation, mining and other sectors.
Indonesia is currently experiencing obesity regulations, so that at the level of implementation of the legislation raises problems. President Joko Widodo in his first speech after being appointed president in the second period, last October 2019, said that the omnibus law would simplify regulatory constraints. The government believes that the omnibus law will improve Indonesia’s investment ecosystem and competitiveness so that it can strengthen the national economy. The problem in writing this paper is how is the omnibus law in criminal law reform? In the view of criminal law, the enactment of omnibus law uses the principle of lex specialist derogat legi generalis (a special rule that overrides general rules, because with the existence of omnibus law, then automatically regional level regulations must also comply with new rules of the omnibus law concept). So if the omnibus law is to be applied in the legal system in Indonesia, it is usually in the form of a law, because the substance of the law is a further arrangement of the provisions of the 1945 Constitution of the Republic of Indonesia. If the omnibus law is made as a renewal of the criminal law, then all the Laws and even the Criminal Code must be thoroughly dismantled and revised to later be made into a new law in the form of an omnibus law. Because if it is not done so, then there cannot be two laws that govern the same thing. And this does not solve the initial problem experienced by Indonesia, namely regulatory obesity
Countries that uphold the law must be based on law that is steady, strong and provides a sense of justice. The law is indeed made by the state not merely as a social engineering tool, but more than that to uphold justice and protect human dignity. Not a few human rights are entrusted to the law to be protected or protected, because without legal protection, there will be many violations of law. Law interpreted as a legal system has a very important position as the basis for government action. The application of the Omnibus law is also not new, in the United States, which is characterized by the Anglo-Saxon legal system, the Omnibus law has often been used as a cross-sectoral law. This makes the ratification of the Omnibus law by the DPR can directly amend several laws at once. That is, Omnibus law is a method or concept of making regulations, which combines several rules, the substance of which is different arrangement into one rule in one legal umbrella. The problem in writing this paper is how is the urgency of the Omnibuss law bill? The application of the omnibus law can be done immediately because it is very good to form leaner rules and harmonization as long as the material (substance) regulated in the Omnibus Law is contrary to the Pancasila and the Constitution. Therefore in the process of course the concept of the Omnibus Law must still refer to the conditions in the formation of a statutory regulation. The principle of transparency is communicated with those who will be directly and indirectly affected, as well as the existence of moral ethics in the formation of the Laws and Regulations themselves. Because the omnibus law bill is not only aimed at harmonizing and ending overlapping regulations that have occurred so far, the omnibus law scheme will also be able to boost improvements in regulatory quality in Indonesia so that it is expected to create a pro-investment climate and ease of business licenses.
THE APPLICATION OF OMNIBUS LAW IN THE EFFECT OF LEGAL REFORM IN INDONESIA
Pros and cons of opinion that enlivened the government’s plan among those who supported the government’s plan stated that the Omnibus Law was the right solution to address the problem of overlapping laws and regulations in Indonesia. But the opponents or contra think that the omnibus laws plan is considered as an effort to delegitimize the rights of each sector of the nation’s life, especially concerning Labor and other sectors that can be affected due to its validity. The problem in this paper is how should the concept of the omnibus law be applied in an effort to reform regulations for the better? Laws that will be revised and / or repealed through the omnibus law need to be properly reviewed. In this case, what needs to be understood is that there are no perfect laws. However, in terms of correcting these imperfections also must pay attention to other aspects. If laws are perfected in one sector, the other sectors must not be ignored or sacrificed. For the record, referring to many reports, the government is reported to have removed the EIA and IMB obligations in the licensing process in order to facilitate investment. In this case, it certainly will not be a problem if the government already has other alternatives to prevent environmental damage that is better than EIA and IMB, so this discourse is raised. Conversely, if in a case like this the government abolished the EIA solely to facilitate investment in the presence of better alternatives for controlling environmental impacts; it would certainly be a danger alarm. Things like this that must be wary of. It should also be understood, economic and investment issues are the problems that most intersect with the interests of the community. Not infrequently, investment actually causes conflicts that cause human rights violations and environmental damage by investors.
OMNIBUS LAW IN ECONOMIC DEVELOPMENT CONTEXT IN INDONESIA
One of the objectives of the state contained in the Preamble to the 1945 Constitution is the achievement of the welfare of the Indonesian people. For this reason, the foundation of the Indonesian economy needs to be strengthened, one of which is by attracting investors to the maximum possible investment in Indonesia. The entry of investment in Indonesia is expected to encourage the creation of employment opportunities to the fullest extent for all Indonesian people. There needs to be innovation from the Government to attract investors. The problem in writing this paper is how is Omnibus Law in the context of Indonesia’s economic development? Legal reform in the concept of the Omnibus Law to increase investment in Indonesia must be carried out effectively and accountably. Omnibus Law in its instrumentalist-democratic understanding, that on the one hand can be used as a “toolâ€ and oriented to the fulfillment and strengthening of long-term oriented rule of law while creating a sustainable participatory democracy-climate. In the instrumentalistdemocratic understanding, the legal tradition of law (common law and civil law) is not seen as a separate system. Due to the fact, the two traditions have long borrowed from each other experiences (conventions), concepts, and practices of constitutional borrowing. Omnibus law can play an effective role in reducing disharmony and norm conflicts in legislation, but on the other hand also has democratic legitimacy that is accountable through public testing mechanisms and broad public participation and is carried out with the precautionary principle. In order to guarantee the principle of prudence in the formulation of legislation, the Omnibus Law must be formulated by first making efforts to consolidate norms, conceptual definitions, and determine the subject who will carry out the Omnibus Law.
IMPLEMENTATION OF OMNIBUS LAW IN LAW OF WORK FIELD IN INDONESIA
In a speech delivered after his inauguration as President of the Republic of Indonesia 2019- 2024 term at the MPR Plenary Session of the Republic of Indonesia on October 20, 2019, President Joko Widodo alluded to the plan to implement the Omnibus Law which aims to simplify regulatory issues related to investment in Indonesia that are complicated and overlapping. . The problem in this research is how is the implementation of Omnibus Law in the Employment Copyright Act in Indonesia? The idea of the Omnibus Law immediately got a polemic in the community because in the drafting of the Employment Copyright Bill, the sociological foundation was made up and did not reflect the actual needs of the community. It can even be said that in the formation of the Employment Creation Bill it is most likely that there is a paradigm difference that is the paradigm for the sake of the people or for the sake of the country. Paradigm for the sake of the people prioritizes the things that are needed by the community while the paradigm of the government in the establishment of the Employment Copyright Bill is more to the creation of rapid economic growth. This can be seen from various government statements which state that the Employment Creation Bill is a means of simplifying and harmonizing regulations aimed at facilitating investment in Indonesia in the hope of having a positive impact on increased investment.
OMNIBUS LAW OPPORTUNITIES AND CHALLENGES IN THE INDONESIAN LEGISLATION SYSTEM
Omnibus Law can be interpreted as a law (Act) created to target a major issue that might be able to revoke or change several laws at once so that it becomes simpler. The problem in this paper is how are the opportunities and challenges of the omnibus law in the Indonesian legal system?Opportunities for omnibus law in the Indonesian legislative system in Indonesia are open, bearing in mind that the formation of the omnibus law technique has previously been done even though it is not exactly the same, which relates to Accessing Financial Information for the Interest of Taxation into Law. Besides the opportunities, there are at least 6 (six) major challenges for the adoption of omnibus law in Indonesia, namely: (i) complex Indonesian regulatory issues; (ii) each law whose provisions are changed by the omnibus law has a philosophical basis; (iii) the principle of supremacy of the constitution sets limits on the authority to regulate each type of legislation and regulations; (iv) legal uncertainty due to the dominance of sectional egos among state administrators; (v) the parameters determine when a material must be with omnibus law and when with ordinary law; and (vi) public participation in the formation of laws has been guaranteed at all stages of formation. A number of requirements must be met if the omnibus law is adopted in the legal system in Indonesia, namely the fulfillment of the principles of openness and public participation since the drafting stage, when discussions in the DPR must be done transparently, carefully and unhurriedly, then the substance must be ensured not to be ensured beyond the constitution and continue to accommodate the philosophical aspects of various amended laws
OMNIBUS LAW IN COMPLETION OF LAND REGULATION PROBLEMS
The change of President and cabinet of government resulted in the birth of many laws and regulations in accordance with the wishes of each government in power at that time. This then raises regulatory issues where there are several laws and regulations that overlap, causing a policy conflict between one ministry / department and another ministry / department. The problem in writing this paper is how can Omnibus Law solve the regulatory issues in the land sector in Indonesia? The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia need to improve the relationship of coordination between related institutions or government institutions in resolving conflicts such as conflicts over plantation land, taking up state forest land. The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia have been given authority regarding all attributions relating to the management, use and allocation of land. Therefore, the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia must intensify coordination with related ministries in resolving land conflicts. The problem of land is a complex national problem mainly because it involves the lives of many people. Land is a means of production and helps guarantee the welfare of the people. As a result, land conflicts are prone to occur especially if the community no longer has access to land. To fix all land issues, it is imperative to reform regulations in the land sector. Omnibus Law which can later be realized in the form of integrated regulations (Omnibus Regulation) will minimize the clash of statutory regulations related to certain fields, for example the land sector. Land law can be an integrated statutory regulation governing land law policy. Land issues in Indonesia have become one of the factors reducing the investment climate in Indonesia.
LAW OF OMNIBUS LAW BUSINESS AGENCY FOR INDONESIAN COMMUNITY WELFARE
President Joko Widodo complained about the many regulations that Indonesia has. Legislation both from the level of the law to the regional regulations of the Mayor and Regent are approximately 42 thousand. And overall has conflicting potential. The large number of laws and regulations can hamper the bureaucracy and investment. The President’s concern is reasonable, because given the production of legislation too partially regulating. On the inauguration of the President and vice president on October 20, 2019, the president said that the government would invite the Parliament to issue two Laws namely the Employment Act and the Law on Macro Business Empowerment Small and Medium Enterprises (MSMEs). Each of these laws will become an omnibus law, one law that revises several laws.The problem in this research is how is the Business Entity Omnibus Law Bill for the welfare of the Indonesian people?Basically statutory regulations or norms must have benefits for the community. This is the goal of the State of Indonesia, including in the Draft Omnibus Law that is being formed. According to the Secretary of the Coordinating Ministry for Economic Affairs Susiwijono stated there are 3 (three) benefits from the application of the Omnibus Law, namely: 1. Eliminating Overlaps between legislation; 2. The efficiency of the process of amending / revoking legislation; 3. Eliminating sectional egos by making arrangements all forms of business entities mentioned above into each separate regulation. Obviously there will be more regulations that will potentially create overlap. In addition, the calculation of the cost of forming each regulation will also multiply, which will make a waste of state money.
THE CONCEPT OF OMNIBUS LAW RELATED TO NORMAL LAW APPLICABLE IN INDONESIA
All laws and regulations including laws in Indonesia must be in accordance with the concept of the hierarchy of laws and regulations as explained in Law Number 12 of 2011 concerning the Formation of Laws and Regulations which are concepts and paradigms in the formation of laws and regulations. The presence of the omnibus law concept which is a new paradigm of law in Indonesia has been put forward by President Joko Widodo as a development program in the field of law during his period. The reason President Joko Widodo wanted the concept of the omnibus law was because thousands of regulations scattered in various institutions had hampered development.How is the concept of omnibus law related to legal norms in force in Indonesia?Based on the description above, it is necessary to see how the contents of the legal norms in the law with the concept of the omnibus law, namely whether they are general or specific as ordinary laws, if they are specific, not all provisions are revoked but only those that are contradictory. However, if the provisions are general it will become a problem if it is clashed with the principle of lex specialist derogat legi generalis (special rules that rule out general rules). Therefore, it must be arranged in a hierarchy of statutory regulations regarding its position so that the concept of the omnibus law is intended as a law that is made to target various objects into one big issue that might be able to repeal or change several laws at once. Thus the law with the concept of the omnibus law made is a new legal model or a new paradigm in legislation in Indonesia. Because of a new paradigm in the laws and regulations in Indonesia, the law with the concept of the omnibus law will change the system of laws and regulations, because the concepts and theories are different from the legal models and legal norms that have prevailed in Indonesia.
OMNIBUS LAW FOREIGN INVESTMENT IN INDONESIA
The main source of national development funds in Indonesia is domestic funds. However, the amount of domestic funds available is very limited, so the government utilizes funds from abroad. One source of funds from abroad that can be used to finance Indonesia’s national development is foreign investment. Foreign investment as a form of capital flow has an important role for the economic growth of a country, especially developing countries. This is due to foreign investors not only transferring capital goods, but also transferring knowledge and human capital. For Indonesia and other developing countries, foreign investment has a direct contribution to the planned national development.Based on this background, a problem arises namely how to apply omnibus law to foreign investors in Indonesia.Indonesia can adopt the omnibus law to create investment legal instruments that can increase investment interest in Indonesia. This is because the problems regulated in investment law are very complex. Not only is the issue of investors coming and investing their capital, but it is closely related to various aspects such as employment, infrastructure, fiscal and non-fiscal incentives and others as such. The complexity of this problem is not yet regulated by the Investment Law.
OMNIBUS LAW AND THE NEED OF INDONESIAN ECONOMIC INVESTMENTS VIEWED FROM ISLAMIC LAW VIEWS RELATED TO ECONOMY
Omnibus Law can be interpreted as a Law (Law) created to target a major issue that might be able to revoke or change several Laws at once so that it becomes simpler. From the government side, they claim there are at least three benefits from implementing Omnibus Law. First, it eliminates overlaps between laws and regulations; Second, the efficiency of the process of change / revocation of laws and regulations. Third, it eliminates sectional egos contained in various laws and regulations. The problem in writing this paper is how can the omnibus law policy answer the investment needs of Indonesia’s economy from the perspective of Islamic law related to the economy? Omnibus Law Plans in Indonesia include Omnibus Law Employment Copyright and Tax Omnibus Law. In fact, the Government and Kadin (trade and industry organizations) have formed the Omnibus Law Task Force in an effort to increase investment opportunities from both foreign and domestic investors for the advancement of the Indonesian economy. If you look at the formulation of Islamic economics above, then it can be concluded that Islamic economics involves the management of Islamic economic resources both in individual and institutional dimensions to achieve the benefit of human life in the world and the hereafter. Therefore, the existence of the omnibus law should be to achieve the benefit of human life in the world and the hereafter.
CRITICISM OF THE COMMUNITY IN THE OMNIBUS LAW BILL
The discourse of reform is still ongoing in almost every area of government. Efforts to continue to improve the system of government for the legislature and executive will focus on the law. A wave of changes in the rule of law stems from the executive with a legal formulation called the omnibus law. The President initiated the Omnibus Law with the intention of creating jobs through accelerating investment, Protests about the essence and existence of omnibus law created by the employment of citizens, workers, regional leaders, and especially civil society.What is the public criticism of the Omnibus Law Bill?Various consequences in the relationship between employers and workers become a form of agreement that is unidirectional and without any moderator. Ideally, in work relations, especially with reference to the history of Roman canon law, it must be based on the legal proposition that is Pacta Sunt Servanda (the agreement must be kept). That is, the principle of legal certainty in the agreement between employers and workers. The point is that the work agreement entrusted by the government to the two parties (employers and workers) must have the principle of consensualism and if a dispute occurs then it is decided by the judge in court. Right herein lays the weakness in seeing the consequences that will be experienced by workers (laborers). The first argument, they have lost access and relations in trade unions, governments and industrial relations dispute resolution institutions. When examined in the Critical Legal Theory, workers who experience work disputes with employers, almost certainly in the Omnibus Law Bill will be eliminated. The second argument, workers do not have strong economic capital to fight for their rights in court.
MANIFESTATION OF PANCASILA VALUES IN THE OMNIBUS LAW FOR JUSTICE
The purpose of this research is to see and analyze the manifestation of the values of Pancasila to the application of the law which is the fundamental foundation of the Indonesian nation. The approach method used is juridical normative, namely research by examining library materials (secondary data) or library law research. The results of the research obtained show that the manifestation of Pancasila Values on the application of the Omnibus law must be in line with the view of justice in national law based on the basis of the state. Pancasila as the basis of the state or state philosophy has until now been maintained and is still considered important for the Indonesian state. Pancasila, which is the fundamental foundation of the Indonesian nation, must be realized because Pancasila, the philosophy of Indonesian life, is essentially a systematic value. Therefore, as a philosophical basis, the principles of Pancasila are an aspect of unity, hierarchy, and systematic
Re-Conceptualizing Workers’ Constitutional Rights in the Cipta Kerja Bill based on the Indonesian Welfare State Principles
As an important material in the Preamble of the 1945 Constitution, the welfare state principle become one of the directions of legal development in Indonesia. Therefore, legal development which also done through the formation of statute, must adhere to the principle of advancing public welfare. The formulating process of the Cipta KerjaBill which has arrived at the Parliament’s discussion, raises concerns among many people especially workers, because its content considered to threaten their well-being. Based on theoretical and conceptual approach, this article shows that the regulation of constitutional workers rights in the Cipta Kerja Bill, is not in line with the principles of the Indonesian welfare state. Substantial adjustments are needed so that workers’ rights can be better protected in achieving prosperity. Exceedingly, Indonesia has launched the2030 SDGs as part of a global action plan to end poverty as well as inequality.
OMNIBUS LAW ON JOB CREATION BILL IN THE ZEMIOLOGY PERSPECTIVE
The government's ambition to form a model of legislation such as the omnibus law raises much public opposition. The Omnibus Law will cut down existing regulations and will create 493 (four hundred ninety three) Government Regulations, 19 (nineteen) Presidential Regulations, and 4 (four) new Regional Regulations so that they can be able to run. Many advantages and disadvantages that will occur. The omnibus Law on job creation bill will bring social harm for labor. The zemiology approach is part of critical criminology. The approach will provide a new perspective in assessing plans for making omnibus law in Indonesia. Structural violence is one of the themes being discussed. Public rejection of the omnibus law is not related to the promise of improvement in the people's economy but rather to the actual structural violence that will occur. Denial and violation of human rights is the price exchanged from the making of the omnibus law. The government as the organizer of the State should protect the interests of the people rather than protecting the interests of investors. That is the promise that must be fulfilled by the State administrators, as in the 1945 Constitution.
Application Of Omnibus Law In The Investment Field As A Efforts To The Settlement Licensing Regulation And Harmonization Of Law Regulation In Indonesia
This study aims to analyze the conceptual implementation of the omnibus law that should be in the legal system of legislation in Indonesia and the application of the Omnibus law in the field of investment in resolving licensing regulatory issues. The doctrinal examines the basic rules and legislation regarding the problems faced in the application of the omnibus law in response to problems that are almost investment in Indonesia. Omnibus Law can be simply interpreted as one law that can change several laws at once. There are three conditions for practicing the omnibus law, that is, the law to be changed is directly related, the law to be changed is not directly related, and the law to be changed is not related but is in tangent practice. The target to be achieved is to create a friendly and adequate investment ecosystem to support the demographic bonus currently being experienced by Indonesia. The regulation is directed at the ease of doing business and the simplification of regulations in investment, overlapping legislation. Implementation regulations need to be prepared immediately. The Draft Investment Law is accelerated because of the increasingly competitive competitive global economic competition in filtering and creating a friendly, effective and efficient investment climate.
IDEAL CONSTRUCTION OF THE IMPLEMENTATION OF A CONSTITUTIVE SYSTEM ("FIRST TO FILE") IN BRAND REGISTRATION
The brand of a product as a means of promotion (trade promotion) and advertisement for producers or entrepreneurs who trade the goods or services concerned. The 1961 Trademark Law has many disadvantages because the Constitutive Registration System or "first to use principle" often creates difficulties in determining who is actually the first user with good faithagainst the trademark at issue. The paradigm used in this study is the constructivism paradigm, which is carried out using a normative juridical approach (legal research). Meanwhile, if needed it can also be supported with empirical data, based on an selective sample. In this specifications of the research conducted is descriptive analytical. In discussing the results of normative research, it is analyzed normatively and qualitatively, by first making efforts to determine the criteria for identification, classification, and systematic and to the effort of legal discovery, whether in the form of legal interpretation or legal construction to give birth to a legal argument. The “first to fileâ€ system has significant weaknesses. In the “first to fileâ€ registration system, the principle of brand acceptance is “first to fileâ€, meaning that anyone who registers first will be accepted by registering without questioning whether the registrant really uses the mark for the benefit of his business. In such case, the registrant then (in fact the user of the actual mark) must carry out a "Special Settlement" with the first registrant so that the first registrant will submit the mark to the registrant later.
CRIMINAL PUNISHMENT AGAINSTPERPRETRATORS OF HUMAN TRAFFICKING
Criminal punishment is not only focused onto perpetrators of human trafficking, but also oriented to the interests of victims and community so that criminal justice objects to integrally defendmany interests. Trafficking crimes are serious crimes, thus the punishment of traffickers is severe punishment. Every country has laws regarding trafficking crimes in accordance with the applicable legal system. Each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore the court considers these factors which can be considered as weighting or reducing in sentence. The problem of this research is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The purpose of this research discussion is to explain the factors that are burdensome and mitigate in imposing crimes against traffickers. The library research method is used. The principle of punishment is the basis for imposing penalties on perpetrators of human trafficking by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.
WEAKNESSES OF THE LEGISLATION FUNCTION OF THE REGIONAL REPRESENTATIVE COUNCIL IN THE BICAMERAL PARLIAMENT SYSTEM IN INDONESIA
In a bicameral system, the DPR should be the first chamber representing all the people of Indonesia (political representatives) and the DPD (Regional Representative Council) as the second chamber representing the regions / regional representatives that in the Republic of Indonesia. Based on the provisions of Article 2 paragraph (1) of the amended 1945 Constitution, the DPD does have a position equivalent to the DPR. However, both have unequal functions. Law Number 22 Year 2003 until now has been changed into the latest law, namely Law Number 2 Year 2018 into a series of representative institutions. In its journey, it turned out that the law could not accommodate the existence of the DPD as a regional representative institution. The constructivism paradigm is used to generate new ideas or theories about strengthening the legislative function of the Regional Representative Council in the bicameral parliamentary system. Meanwhile, the comparative approach is used in order to see the structure and function of the bicameral parliaments in several unitary states such as those in Britain, the Netherlands, France, Thailand and Japan. In the specifications of the research conducted is descriptive analytical. The method of data collection used in this research is literature study after the material or data is collected from various data sources and legal materials, the next step is data analysis. The work of data analysis begins with data reduction, namely summarization, data selection, and making categories based on problems and analyzing the normative content of legal products as a result of the 1945 Amendment and the ideas of the 1945 Amendment V that the DPD already has. The function of the DPD above if it is related to the function of a representative institution looks unusual because as a representative body, the DPD should be given a proper function, both in the field of legislation, supervision and budget. Furthermore, in the biding supervision, a representative institution is said to have a good oversight function if the representative institution is given the constitutional authority to exercise direct oversight of the government in carrying out government affairs. Later, if in carrying out such supervision the representative institution found indications that the government was violating the law, then the representative institution was also given the authority to follow up on its findings.
POTENTIALS OF NATURE TYPE AROUND BY THE ADVANCED: JURIDICAL ANALYSIS OF LAW OMNIBUS LAW DRAFT OF LAW
The Omnibus Act has achieved superiority and badness in the national rank. The government's background increases the enactment of the Omnibus Bill because it hopes the investment will become a national economy that is utilized. There are several points that are at the core of the Omnibus Bill, namely the simplification of business maintenance, the need for investment, employment, the ease and protection of MSMEs, the ease of using commerce, alignment and effort, the administration of the government, the imposition of restrictions (for mortgages), adjustments, trial and trial and zoning the economy. These nine aspects are the main reserves that are expected to contribute to most of the expectations that can be obtained. In the draft Omnibus Bill there are articles that do not take sides with environmental, social and cultural issues. Law Number 32 Year 2009 concerning UUPPLH will be amended through an agreement made by a related party with a direct release by the business. . Therefore, this change is very vulnerable to manipulative practices in measuring the assessment of the natural surroundings, even possible for businesses in the interests of their demands and needs for smooth investment and use of commerce. In addition, the Omnibus Bill can provide a loophole for the protection of businesses that carry out natural environment (illegal logging, logging, and other forest destruction activities). Traders easily walk around to exploit the environment to access capital. One that facilitates the use of Forest Areas (IPKH), Borrowing and Using Forest Area Permits (IPPKH), and Launching Forest Areas. This is what will be discussed further in this paper.
MEDIATION ROLE IN SOLVING SHARIA ECONOMIC DISPUTE AS CIVILIZATION TOWARD ETHICAL VALUE OF ISLAM
The aim of this study is to explain the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam. That it has been practiced since Rasulullah SAW era was through many ways such as shulh, tahkim, andqadha. This study uses qualitative method and data collection is got from observation, direct interview to justice, attorney, lawyer, mediator, and the disputants. Based on the result of the study above is known that the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam is important and needs to be optimalized. According to Rasulullah SAW teaching, in fact, in a practice, there is failure of mediation in solving sharia economy dispute because the disputants feel that they are right and want to win finally by litigation way with consent or default judgment. Otherwise,mediation practice gives benefits for the disputants and based on Indonesian culture and civilization because solving dispute through mediation can be solved fast, correctly, and cheaply, thus it does not take much energy, time, and thought. In a result, it can keep privacy, beneficial for parties, and harmless with the result made by parties themselves, that is “win-win solutionâ€. In ethical value of Islam in solving sharia economic dispute, firstly, by al-shulhu(peace). Peace in islam is recommended because if there is peace among disputants, they will avoid from hostility. If it does not work, it can be passed by al-tahkim (arbitration) and if it gets stuck, Islam teaches us by al-qadha (Court Process).
THE IMPLEMENTATION OF CRIMINAL CONVICTIONFOR CHILDREN UNDER THE AGE OF CRIMINAL RESPONSIBILITY BASED ON JUSTICE VALUE
The sentence handed down by the court under the age of criminalresponsibilityaims to restore the victim's state before the occurrence of a criminal event. According to Law No. 35 of 2014, changes to Child Protection can be interpreted as all efforts aimed at preventing rehabilitation and empowering children who experience acts of mistreatment, exploitation, and neglect to ensure survival, growth, and development, both physically and physically mentally and socially. In the criminal justice system, children incriminal responsibility age should be applied to the principle of restorative justice. So far, imprisonment is used as the main sanction for perpetrators of crimes found guilty in court. Whereas what is needed by the community is the maximum condition as before the crime. The value of justice determined by the government apparatus is based on the laws in force in Indonesia. Researchers can investigate the value of justice through diversion and restorative justice that is enforced by children in conflict with the law. The research method used is normative legal research. In this study, a positivistic paradigm through a sociological juridical approach is used. Concerning the study of positive law and legislation. Researchers used a descriptive qualitative approach. The method of approach used in research conducted, in legal research, with material collection techniques with library research. Protection and care for children is a form of accountability for parents, families, communities, governments, and the state. Moreover, it is a series of activities carried out continuously in order to protect the rights of children, whether children as victims or perpetrators or children in conflict with the law do not deserve to be punished moreover then put in jail. This justice value is through diversion and restorative justice that is applied by children who conflict with the law on the Reconstruction of the Age of Children and the Requirements of Restorative Justice in Law No. 35 of 2014 Regarding Changes to Law No. 23 of 2012 Concerning Child Protection Based on Justice Value. Â
UTILIZATION OF VILLAGE FUNDS ACCORDING TO LAW NO. 6 OF 2014 TO PREVENT CRIMINAL ACT OF CORRUPTION
It has been written in Law No. 6 of 2014 concerning Villages and one of the regulations regarding village financial resources that oversight needs to be strengthened because village funds, which are part of the scope of state finances, must be monitored by state finances to prevent corruption. Legally, in the utilization of village funds in the context of village development. The Ministry of Villages and Underdeveloped and Outermost Regions(Kemendes PDTT) has also made clear the priorities for the use of village funds through Minister of Village Decree No. 21 of 2016, so that the funds used appear transparent for development. The Village Law also guarantees citizens' participation to be actively involved in monitoring village development. Article 82 of the Village Law expressly states the community's right to obtain information and is actively involved in overseeing the implementation of development to avoid corruption. Liability for criminal sanctions in the management of the Village Fund can be carried out in the event of a criminal act of corruption. In the case of criminal acts of corruption, the types can be grouped into seven types of corruption, namely: (1) types of corruption that harm the country's finances; (2) bribery; (3) embezzlement in position; (4) extortion; (5) cheating; (6) conflicts of interest in procurement, and (7) gratuities. The government and the village community need to be active by preventing the misuse of funds. The research method used is doctrinal law through qualitative descriptive methods, which by using a constructive paradigm. This research belongs to the category of sociolegal research. Data collection used throughinterviews and literature studies. There are several techniques that can be used to determine the validity of the data, namely: triangulation techniques between data sources, checking the truth of information to informants that have been written by researchers (member checks) and discussing and seminar with peer themes in the department of study learning (peer debriefing). Therefore, the important role of the government both central and regional in making arrangements and utilization of village funds in order to prevent corruption. In utilizing village funds, it can be used for village development, as well as improving the welfare of village communities. Therefore, the Comission of Corruption Erradication (KPK) was formed to always focus on looking at various behaviors as an indication of corruption. Based on Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Eradication of Corruption.
LEGAL REVIEWOF LAW PROTECTION THEORY IMPLEMENTATION IN DISPUTE OF ADMINISTRATIVE COURT
Law Number 5 of 1986 established Administrative Court as an institution authorized to resolve administrative problems / disputes, implementation of Article 10 paragraph (2) of Law Number 4 of 2004 concerning Judicial Power. The importance of the existence of this Administrative Court is because its position is one of the main milestones in realizing a just and prosperous state. In Article 116 of Law Number 51 Year 2009 concerning the Second Amendment of Law Number 5 of 1986 concerning State Administrative Court will reduce the pessimism of the justice seekers community towards the existence of the State Administrative Court as an institution of control over the government as well as law protection for the people seeking justice.
RESPONSIBILITIES OF CV EKASARI DUE TO BREACH IN THE IMPLEMENTATION OF CONSUMPTION PROCUREMENT AGREEMENTS WITH CONSUMERS
Consumption procurement agreements between CV Ekasari and consumers are carried out in oral form, and sometimes written according to the wishes of consumers. This study aims to determine the responsibility of CV Ekasari due to defaults in the procurement agreement. The approach method used is empirical juridical. Research specifications are descriptive. Primary data collection methods through interviews, while secondary data collection is documentary. The data obtained were analyzed qualitatively. Conclusion: Consumption procurement agreements between CV Ekasari and consumers must be obeyed and implemented in accordance with Article 1234 of the Civil Code. In fact CV. Ekasari as the executor of the work did not carry out his achievements or default. The performance is not fulfilling the achievement at all, it is noted that it forgot not to provide consumption in accordance with the initial agreement, thus causing harm to consumers. This loss is a feeling of disappointment because consumers do not consume food and beverages from CV Ekasari as they wish, and are ashamed that the event is backward. The responsibilities undertaken by CV Ekasari, namely conducting deliberations and replacing ordering consumption at a restaurant, and bring consumers and groups to enjoy a meal at a restaurant ordered.
One of the sources of tax recipients that can be obtained by the state is land and / or buildings. Land and buildings provide benefits and / or a better socio-economic position to people or entities that have a right on them or get benefits from them, and therefore it is only natural that they are obliged to give part of the benefits or enjoyments they get to the state through taxes. The approach method used in this research is the socio-legal approach. The results of the research obtained include, among other things, fees for acquisition of land and building rights, which are taxes imposed on the acquisition of rights to land and or buildings, hereinafter referred to as taxes. Acquisition of rights to land and or buildings is a legal act or event that results in the acquisition of rights to land and or buildings by individuals or bodies.
Legal Protection Of The Execution Of Liability Auction
Legal protection for the winner of the auction for the execution of mortgage rights in the event that the auction object is blocked by the National Land Agency is also to find out the reasons why the Jakarta National Land Agency is willing to request a third party to block the auction object for more than 30 days. This study uses a normative juridical approach, the results obtained that Legal protection for auction winners for execution of mortgage rights in the event that the auction object is blocked by the National Land Agency. Very weak, as in this case the auction winner cannot do anything except just wait for the Court’s decision to finish. The responsibility of the auction official (KPKNL) for the blocking of the auction object does not exist at all, it even seems to be hands off and blames the Land Office because according to the auction official what is written in the Minister of Finance Regulation number 93 / PMK.06 / 2010 which has been updated number 27 / PMK / 06/2016 has been implemented according to the provisions, there is no responsibility to take care of whether the auction object is blocked or not
Law Enforcement Dispute Resolution Dual Certificates
Multiple land titles are a very complicated and frightening issue for some people. Many people in good faith practice buying and selling land in Indonesia which is tertiary because the land they buy has two or more certificates. The approach method used in this research is the normative juridical approach, the results of the research stated that the implementation of double certificate dispute resolution carried out by the National Land Agency is seen from the dispute resolution process as non-litigation dispute resolution or outside court law. Legal provisions on land rights in Indonesia authorize Indonesian citizens to use a plot of land for certain purposes.
Law Enforcement Jurisdiction In Cybercrime
Crimes using technology, namely information technology, especially computers and the internet have reached an alarming stage. Combating internet crime has become a major portion of national and international law enforcement agencies and intelligence, including business practitioners, merchants, customers, and to the end-user. In most cases, internet crime starts with exploiting hosts and computer networks. The approach method used uses the normative juridical method, the results of the research obtained are that Law Enforcement regarding Cybercrime in Indonesia is manifested in the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions and has been updated by Law Number 19 of 2016 Amendments to Law Law Number 11 of 2008 concerning Information and Transactions. Electronic where the provisions in criminal law are applied by means of extensive interpretation of laws and regulations that explicitly regulate crimes that attack computers and Jurisdiction related to law enforcement is regulated in 3 (three) areas of law enforcement, First, the authority to make substantive law is called legislative jurisdiction, Second, the authority to judge or apply law is called judicial or applicative jurisdiction. Third, the authority to implement/ enforce legal compliance that he makes is called executive jurisdiction.
Legal Philosophy In Establishing Justice
Legal philosophy seeks to solve problems, create more perfect laws, and prove that law is able to provide solutions to problems that live and develop in society by using a legal system that is in effect at a time, somewhere as Positive Law. The approach method used in this study uses a normative juridical approach. The results of the research obtained state that Justice is an effort to find balance, equality, truth and decide if there is a violation that has been formally regulated, based on the opinion of experts Justice is an abstract concept in forming a perspective. The role of the philosophy of law provides a perspective that justice is manifested in law. Legal philosophy seeks to solve problems, create more perfect laws, and prove that law is able to provide solutions to problems that live and develop in society by using a legal system that applies at a time, somewhere as positive law.
Legal Philosophy In Child Protection As A Part Of Human Rights
Legal philosophy in guarding child protection as part of human rights is applied through legal philosophy as well as law grows and develops in positivism legal theory, with the flow of positivism legal theory to maintain child protection in a sustainable manner, which can later make law responsive to children. The approach method used in this study uses a normative juridical approach. The results of the research obtained that Justice is an effort to find balance, equality, truth and decide if there is a Child protection is a hot topic that is always good to discuss, this happens because children are the next generation of the nation in the future. Through the philosophy of law as the basic foundation of legal science, it can be explained that the philosophy of law is very protective of the role of human rights which guarantees the protection of children. The role of legal philosophy in safeguarding child protection as part of human rights is applied through legal philosophy as well as law grows and develops in positivism legal theory, with the flow of positivism legal theory to maintain child protection in a sustainable manner, which in turn can make law responsive to children.
The Position Of Custom Law In The Principles Of Agraria
The existence of customary law is inseparable from the existing legal system in Indonesia, if a positive law in general or agrarian law in particular contradicts the customary law system, it is necessary to formulate and policy legal institutions in empowering legal settlement that occurs in society. The approach method used in this study uses a normative juridical approach. The position of customary law in statutory legislation in accordance with Law No.10 of 2004 is not formally a source of law. The development of the position of customary law in the national legal system in Indonesia is very important and has a good role in the national legal system in Indonesia. The implementation of the position of customary law in the Application of Law No.5 of 1960 concerning Basic Agrarian Regulations still uses customary law as the drafting guide. Customary law makes it the main and complementary source of written law on land. The formulation of a national land law must not conflict with the customary land system and must be based on existing customary rights.
Legal Protection Children Outside Of Marriage
Children born out of wedlock still often experience discriminatory treatment, violence and injustice, and even become victims of the judicial system. Recently, children outside of marriage have become a phenomenon that has experienced a significant escalation. There has been no significant policy in favor of protecting the existence of children outside of marriage in society. The approach method used in this study uses a normative juridical approach. the research results were obtained Legal protection of children outside of wedlock and birth mothers includes protection of the juridical rights of children outside of wedlock. With the issuance of the Constitutional Court Decision, it becomes a legal breakthrough to demand recognition and ratification so as to provide legal protection for the rights of children to claim or obtain their civil rights, including illegitimate children resulting from adultery and donated children and protection for biological mothers to ask for responsibility for provide for and raise children outside of marriage to their biological father. The politics of child law outside marriage is also based on the Convention on the Rights of the Child which the Indonesian state has also ratified. a gift or a gift from Allah Almighty
Penal Mediation As Representation Of Pancasila Values In Criminal Justice System
In the context of law enforcement, upholding the law always means that the life activities of all members of the community are carried out in accordance with the rules of behavior that guarantee the realization of a human image as a dignified human being. A human with dignity is a human being, a human being whose human rights are recognized, protected and guaranteed. the embodiment of Pancasila values must be applied fundamentally in the criminal justice system to achieve social justice. The research used is a normative juridical approach, the results obtained are the implementation of penal mediation as the embodiment of Pancasila values has several positive implications. Therefore, it is necessary to have a penal mediation law. In this law, penal mediation should be regulated at the level of investigation, prosecution, court and correctional institutions. The criminal justice system is a network of courts that uses criminal law as its main means, which includes material criminal law, criminal law. formal and criminal law enforcement. There is a model of the criminal justice system which both contain different value systems, each competing with each other to get a priority scale in its operation.
Political Transformation Of Islamic Inheritance Law Into National Law
Development of the Indonesian legal system that was born by the state, it must be in line with the substance of universal Islamic values and Islamic legal values in order to achieve the great goals and ideals of this nation. There is a need to develop thoughts about the rule of law and the politics of Islamic law and its implications. This study uses a normative juridical approach, the results obtained are the political policy transformation of Islamic law into national law has nothing to do with the struggle for an Islamic or Islamic state as the basis of the state. On the other hand, Islamic law legislation into state legislation has a positive contribution in strengthening the adherence of Muslims to the commitment of the nation state because sharia can go hand in hand and be compatible with Pancasila and the 1945 Constitution. The influence of the Islamic legal system on national legal politics is play a role in creating a value system that regulates the majority of the Indonesian Muslim community as the majority community, becoming a material source for the formation of national law to fill the legal void.
Law Enforcement In Creating Good Governance Towards A Value Of Justice
The purpose of writing in this article is to find out and analyze the effect of law enforcement in the implementation of good government, The approach method used in normative legal research used in this study uses modern legal concepts. The research result states that the concept of good governance can be realized if governance is organized in a transparent, responsive, participatory manner, obeying legal provisions, oriented to consensus, existence of togetherness, accountability and having a strategic vision. Governance is said to be good if the common goal is carried out well, paying attention to the decision-making process, carrying out regulatory functions, exercising power properly and orderly institutions. Good governance is implemented in the context of democratizing the life of the nation and state. One of the conditions for democratic life is the existence of law enforcement that is just and implemented without a reed perspective. As the first step in creating good governance is to build a sound legal system, both software, hardware, and human resources who run the system.
Juridical Analysis Of Notary Accountability In Authentic Deed Falsification
Notary is a public official appointed by the government to assist the community in making authentic deeds and other authorities regulated by laws that exist or arise in everyday life. Notaries in carrying out their profession of providing services to the community should behave according to the applicable rules. This is important because notaries carry out their duties not solely for personal interests, but also for the benefit of society, and have an obligation to ensure the correctness of the deeds they make, research uses a normative juridical approach, the results of the study state that The Central Honorary Council has the authority to limit the number of Notary deeds drafting because based on the Articles of Association of the Indonesian Notary Association it has been stated that the duties and powers of the Honorary Council are to enforce the Code of Ethics. In the Code of Ethics of the Indonesian Notary Association, it has been stated that Notaries and all people who carry out the Position of Notary Public are prohibited from making deeds in an unreasonable number. The making of the Deed in a fair amount is then followed up through the Regulation of the Honorary Council of the Indonesian Notary Association Number 1 of 2017.
Franchise Agreement And Islamic Franchise Concept
Every franchise agreement has three principles, namely to be honest and clear, each article in the agreement must be fair, and the contents of the agreement can be enforced based on law, this research uses a normative juridical approach, the results of the study state that franchising is carried out based on a franchise agreement that must be registered. at the competent government agency. The franchise agreement regulates the legal relationship between the franchisor and the franchisee to carry out franchise activities. The franchise agreement or franchise is in written form. Before making an agreement, the franchisor is required to provide a written statement or prospectus regarding his business data or information correctly to the franchisee. The franchise agreement contains a clause at least the names and addresses of the parties; types of intellectual property rights; business activities; the rights and obligations of the parties; assistance, facilities, operational guidance, training and marketing provided by the franchisor to the franchisee; business area; duration of the agreement; reward payment procedure; ownership, change of ownership and rights of heirs; dispute resolution; as well as procedures for extension, termination and termination of agreements.
Environmental Law Dispute Resolution Based On Positive Law
Environmental problems as a relatively new field have the potential to cause differences in views, interests or perceptions among stakeholders. environmental dispute resolution is expected to create solutions in environmental management. This research uses a normative juridical approach, the results of the research obtained indicate that the Application of Environmental Dispute Resolution in Law No.32 of 2009 complements the previous law, as stated in Chapter XIII of Law No. 32 of 2009 it says that Environmental Dispute Resolution Life can be pursued through the court or outside the court (article 84 paragraph 1). In the second part about the settlement of environmental disputes outside the court as well as factors that affect the nature of environmental dispute resolution, among others, law enforcement factors, because there is no uniformity of steps with sectoral agencies and local local governments, as well as experts, facility factors, because laboratories to support proof, sufficient finance, community factors, the public is still unfamiliar with the knowledge of environmental pollution.