Creation Of Law Research Articles

ANALYSIS OF THE APPLICATION OF ENTITY FINANCIAL ACCOUNTING STANDARDS WITHOUT PUBLIC ACCOUNTABILITY ABOUT EMPLOYEE BENEFITS WITH THE IMPORTANCE PERFORMANCE ANALYSIS METHOD

This research aims to determine the application of SAK ETAP regarding employee benefits and the method for calculating SAK ETAP employee benefits in private companies in Jabodetabek as well as the impact of implementing the Job Creation Law on SAK ETAP calculating employee benefits using the Importance Performance Analysis method. The research methodology used in this research is descriptive quantitative. The population in this research are private companies in Jabodetabek. The sampling technique in this research used simple random sampling with a sample of 100 respondents. Analysis of this research data uses validity tests, reliability tests, and Importance Performance Analysis (IPA). The results of this research indicate that the implementation of SAK ETAP regarding employee benefits in private companies involves the process of recording, measuring and reporting employee benefits given to employees, the method for calculating SAK ETAP employee benefits in private companies is divided into 4 calculations, namely Short-Term Employee Benefits, Post-Employment Benefits, Other Long-Term Employee Benefits, and Severance Pay, as well as the impact of the implementation of the Job Creation Law on SAK ETAP for calculating Employee Benefits using the Importance Performance Analysis method. It can be concluded that company policies regarding employee benefits may change after the implementation of the Job Creation Law.

Navigating The Impact of Outsourcing Rule Changes Under the Omnibus Law on Job Creation

The Job Creation Law introduces fundamental changes in employment in Indonesia. This article discusses the impact of changes in outsourcing rules in the Omnibus Law on job creation. Using research methodology involves an in-depth analysis of legislation and secondary data from the legal literature. The results show that changes to outsourcing rules have complex impacts, with the potential for increased investment and efficiency, but also the risk of decreasing workers' rights. The paper concludes the need for responsive regulation to maintain a balance between the interests of companies and workers, ensuring fairness in labor relations. A better understanding of the complexity of changes to outsourcing rules in the Omnibus Law is expected to help improve policies to support sustainable economic growth and worker welfare. Concluded that changes to outsourcing rules can improve a company's investment and operational efficiency, but also create uncertainty and potential impairment of workers' rights and protections. Therefore, responsive legal protection and transparency of information are crucial to maintaining fairness in employment relations. This journal contributes to a better understanding of the complexity of changes to outsourcing rules in the Omnibus Law and raises awareness for better regulatory adjustments to support economic sustainability and worker welfare.

Putusan Mahkamah Konstitusi dalam Pengelolaan Energi dan Sumber Daya Mineral dalam Perspektif Teori Sistem Hukum

The Constitutional Court has decided the case filed by the Governor of East Java and the DPRD of East Java Province in case Number 11/PUU-XIV/2016. This decision became one of the landmark decisions of the Constitutional Court. The aim of this research is to find out and analyze the decisions of the Constitutional Court regarding the management of energy and mineral resources in Indonesia. This research method uses a normative juridical method with a statutory approach. The results of the research, Constitutional Court Decision Number 11/PUU-XIV/2016 have provided legal certainty regarding the regulation of the authority to administer geothermal energy for indirect use, including the authority to grant permits to the Central Government. In subsequent developments, geothermal regulation is regulated in the Job Creation Law which was declared formally conditionally unconstitutional based on Constitutional Court Decision Number 91/PUU-XVIII/2020. Legal system theory as an analytical tool functions to dissect factors relevant to the management of energy and mineral resources.

Post-Pandemic Public Policy Evaluation in The Field of Tourism Based on The Job Creation Law

This research examines various public policies implemented by the government in the tourism sector to restore the economy after Covid-19. The presence of the Job Creation Law makes it easier for the public, especially business actors, to obtain business permits from the tourism sector. However, in its implementation there are still many obstacles in the field, apart from that the implementing Government Regulations have not yet been revised. The formulation of the research problem is how to evaluate post-pandemic public policy in the tourism sector?" The aim of this research is to evaluate post-pandemic public policy in the tourism sector. This research method uses normative legal research. The results of this research found that the Job Creation Law in the tourism cluster can provide advantages and disadvantages. The benefits obtained are that the growth of investment and tourism entrepreneurs will be greater because of the ease of licensing. However, there are several obstacles, including the PP supporting this law has not been revised, technology and the availability of human resources to support the long-term sustainability and success of the Online Single Submission system.

Policy impact analysis of law No. 11 of 2020 on job creation on palm oil export growth in North Sumatra Province, Indonesia

This study seeks to determine the impact of the Job Creation Law policy on palm oil export growth in North Sumatra Province. Palm oil itself is the largest export commodity in North Sumatra Province. The research method used is a qualitative method with a literature study method. Data collection techniques through primary and secondary data. Data analysis techniques with data reduction, data display and drawing conclusions. The results showed that deregulation of barriers regulated by the Job Creation Law can have a positive impact on the growth of Indonesian palm oil exports. The reduction of non-tariff barriers regulated by the Job Creation Law provides an opportunity for North Sumatra Province to increase its palm oil exports. The Indonesian government through the Job Creation Law prioritizes investments that affect the economy rather than justice and the environment. This condition has the potential to increase deforestation and threaten the survival of communities in North Sumatra Province. It is important to reorganize better policies to maintain a balance between the economy and the environment.

Potencjalna ofiara naruszeń praw człowieka na tle systemu ochrony Europejskiej Konwencji Praw Człowieka

The article’s purpose is to present the concept of a potential victim of violations of the rights and freedoms of the European Convention on Human Rights. A group of complainants is treated as a victim, even though the violation affects society. The qualification of complainants as victims of human rights violations can be treated as the creation of European human rights law. The role of the Court is to apply the so-called ‘push’ and ‘pull’ factors, which cannot only effectively contribute to the implementation of the principles of the ECtHR. The article addresses the problem of the assumptions of the living instrument doctrine and the interpretation of the law currently associated with the active activity of judges (judge-made law). The concept of the potential victim of human rights violations represents an opportunity for the postulated expansion of the catalog of fundamental rights.

Study on the Implementation of ILO Convention No. 98 in Indonesia and Its Comparison with Developed and Developing Countries

Law No. 11 of 2020 on Job Creation has been reported by ITUC, KSPI, and KSBSI for violating ILO Convention No. 98. The Indonesian government is considered not involving Trade Unions/Labor Unions in terms of collective bargaining when drafting the Job Creation Law and the substance of the Job Creation Law which is considered to limit the role of Trade Unions/Labor Unions. The United States Government, the United States Labor Association, the Belgium Labor Association, Netherlands Labor Association, Republic of Korean Labor Association, and the Brazil Labor Association provide different views from Indonesia on the report. This study uses a qualitative approach supported by a literature study with FGD discussions. Based on the results of the study, reports by Trade Unions to the ILO regarding violations of ILO Convention No. 98 are generally still conjectural and do not depart from cases or violations of the law that have occurred. The government can report data on labor practices in Indonesia to show that there are no efforts to limit the role of Trade Unions/Labor Unions as evidence that the Government of Indonesia has implemented the principles in the ILO Convention. The government of Indonesia has an important role in increasing the provision of training and improving work competencies, increasing labor placement and expanding employment opportunities, as well as continuing to oversee the implementation of this Job Creation Law in companies and continuing to protect workers by providing legal protection and social security. The Government of Indonesia is currently receiving ILO Technical Assistance, and can propose to continue implementing the Job Creation Law regulations and continue to provide regular reports to the ILO. If this provision in practice is detrimental to workers and trade unions, then this provision can be challenged procedurally with the support of valid evidence.

Legal Framework of Community-Based Water Resource Management to Achieve SDGs and “No One Left Behind”

This study aims to examine community-based water resources management implemented in Umbul Ponggok Village, Klaten Regency, Central Java, Indonesia, based on the Water Resources Law (2019) and was subsequently modified by the Job Creation Law (2023), which prioritizes the well-being of the local community and in order to achieve sustainable development goals (SDGs), especially the principle of No.-One Left Behind. Community involvement in water resources management is very important. Therefore, communities no longer only act as consumers but also as those who determine their own needs for water resources. One area that has implemented this approach is the community in Ponggok Village, Klaten Regency. Therefore, this study addressed the compliance of the community-based water resource management in Ponggok Village, Klaten Regency, with the existing regulations. The study also determined whether the community complies with the principles of Sustainable Development Goals (SDGs) through a juridical-empirical method. Data was collected through documentation and interviews, and qualitatively analyzed. The result showed that the practices of water resource management in Ponggok Village aligned with existing regulations. However, a notable gap existed in adhering to reporting regulations, attributed to a lack of awareness among the village apparatus. Then, the water resource management in Ponggok Village has fully aligned with the current regulations and the SDGs' principles.

Discovering the Contributions of Academic Wives to the Development of Labour Law: Liesel Kahn-Freund

Abstract This article’s starting point is a strand of historical and sociological studies literature on ‘academic wives’ which reveals the social and, above all, unpaid labour that facilitated an academic career up until the mid-twentieth century. The article then draws on primary and secondary sources in order to trace the life of Otto Kahn-Freund’s wife, Elisabeth (Liesel) Kahn-Freund. We suggest that Liesel was an indispensable facilitator of her husband’s career. She provided valuable scholarly and intellectual support; by taking on responsibility for domestic tasks and care responsibilities, she gave her husband uninterrupted time and space to build his network, travel internationally, and, perhaps most importantly, concentrate on and pursue his research. In doing so, she, and many like her, played a significant albeit largely unrecognised role in the creation of labour law as we now know it. A better understanding of the labour performed by an “academic wife” provides a more nuanced picture of where labour law has come from and the factors that went into its creation. It also encourages labour law scholars to re-evaluate what kind of labour is recognised as part of labour law and is the focus of future labour law scholarship.

Lack of braille labelling and instructions on Chinese pharmaceutical packaging

Braille labels and instructions on medicine packaging are scarce in China, impeding blind individuals’ ability to obtain information about medications. Article 37 of China’s Barrier-Free Environment Creation Law, enacted in September 2023, requires braille labelling and instructions for pharmaceuticals. This provision offers essential legal protection to ensure the safety of blind individuals when using medications. Nevertheless, the use of braille labels and instructions for medicines is hindered by ambiguous statutes, limited social consciousness, financial factors and technological constraints. To promote the use of braille on medicinal labels and instructions, China should bolster its legislation, increase social consciousness, alleviate the financial strain on pharmaceutical manufacturers, foster technological advancement and encourage collaboration and self-governance within the pharmaceutical industry.

Legal Analysis of Rising Divorce Cases: Impact of COVID-19 in Bandar Lampung, Indonesia

Objective: This study aim to analyse the legal implications of increase in the divorce rate as a result of the Covid-19 pandemic at the Tanjungkarang Religious Court in Bandar Lampung, Indonesia. Additionally, the study seeks to identify the underlying factors that contributed to the occurrence of divorce at the Tanjungkarang Religious Court during the pandemic. Theoretical framework: Literature in this study was based on the phenomena that several regions in Indonesia have experienced an increase in the divorce rate as a result of the Covid-19 pandemic; the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, is one example. From January to June 2020, the Tanjungkarang Religious Court in Bandar Lampung, Indonesia, documented 699 divorces amid the COVID-19 pandemic. Method: This study employs a qualitative methodology and conducts field research. In the interim, both primary and secondary data, acquired through field observation, documentation, and direct interviews, are included in the collected information. In order to facilitate the process of verifying the data, the researcher employed the triangulation method to ascertain its validity. Results and Conclusion: this study found that During the Covid-19 pandemic, the Tanjungkarang Bandar Lampung-Indonesia Religious Court witnessed a surge in divorce petitions. June brings the highest volume of divorce cases. Divorce filings experienced a surge during the months of April, May, and June, as well as throughout the shutdown period. Second, divorce cases during the Covid-19 pandemic were precipitated by a variety of factors, with economic factors ranking highest. According to report data from the Tanjungkarang Religious Court, the factors of physical disability, imprisonment sentence, and coerced marriage account for the smallest number of divorce cases. Implications of the research: In order to promote resilience and well-being among families amidst the uncertainties of the current pandemic, it is possible for policymakers, legal practitioners, and community stakeholders to acknowledge the difficulties presented by the disease and devise focused interventions to assist individuals navigating the process of marital dissolution. Originality/value: Studying how COVID-19 has affected divorce rates in particular areas, such as Bandar Lampung, Indonesia, could shed light on the ways in which the pandemic has impacted socioeconomic variables, legal frameworks, and family dynamics there. Policymakers, attorneys, and social service providers can be more informed about the difficulties that families may encounter in times of crisis by having a better understanding of these effects. This knowledge can also help to shape the creation of support networks and laws that deal with these problems. Such studies can also add to the body of knowledge in academia regarding how significant crises affect legal systems and family structures.

The Role of Investment Management Institutions in Carbon Trading in Industrial Areas in Indonesia

Life always evolves with the times, including the country. Indonesia is developing by shifting from an agrarian to an industrial sector that is growing rapidly. The existence and development of the industry are instrumental in economic growth in Indonesia, but as the industry develops, the greenhouse gas emissions produced by Indonesia are also increasing. Therefore, a solution is needed to lower greenhouse gas emissions, and one of the solutions is carbon trading. Besides reducing carbon gas emissions, carbon trading can also encourage the domestic carbon market through its buying and selling system, opening up investment opportunities. In relation to investment, since the inauguration of the Job Creation Law, there has been an institution specifically regulating investment, namely the Investment Management Institution, representing the central government with significant authority and privileges. This study aims to analyze how the regulation of carbon trading has changed after the inauguration of the Job Creation regulation as a law and the position of the Indonesia Investment Authority in carbon trading within the industrial sector in Indonesia.

ISSUES OF LEGAL CERTAINTY AFTER THE ISSUANCE OF MINISTER OF MANPOWER REGULATION NO. 18 OF 2022 ON MINIMUM WAGE DETERMINATION FOR 2023.

In November 2022, the government issued Minister of Manpower Regulation No. 18 of 2022 concerning the Determination of Minimum Wage for 2023, despite already having regulations related to wages, namely Government Regulation No. 36 of 2021 concerning Wages. The emergence of this regulation is considered to cause legal uncertainty as there is already a government regulation on wages and it undermines the results of the constitutional review of the Job Creation Law, where the Constitutional Court's decision states that the Job Creation Law remains valid for the next 2 years and does not require additional regulations. This has led to legal uncertainty regarding wage regulations. The research method employed in this study is the normative legal research method, which involves examining literature or secondary data. The approach used included the statute approach, which analyzes all legislation and regulations related to the legal issues being addressed, and the conceptual approach, which stems from perspectives and doctrines within legal studies. The data used consisted of secondary data obtained through literature reviews and primary data obtained through interviews with respondents and relevant institutions. The results of this research are expected to provide answers to the dualism in legislation regarding wages, particularly for legal certainty for employers, workers, and investors. The determination of minimum wage is indeed crucial in the economic field, as it relates not only to the purchasing power of the society for wage increases but also to legal certainty needed by employers and investors, including the government's consistency in enacting legislation.

Pemenuhan Upah Layak Bagi Pekerja Melalui Penetapan Upah Minimum Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang

The government has regulated the fulfillment of living wages for workers through the Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages. A living wage is a basic right of workers/laborers that must be fulfilled by employers. The method in this research is that this research is descriptive analysis with the type of research, namely iordischromatid, which uses data sources, namely primary legal materials, secondary legal materials and tertiary materials and the data analysis used is qualitative analysis. The results of this research are that a living wage is a wage that can adequately meet the minimum living needs of workers/laborers and their families. The Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages are regulations that regulate the fulfillment of living wages for workers/laborers. The Job Creation Law mandates that the government establish wage policies as an effort to realize the rights of workers/laborers to a living that is worthy of humanity. This policy includes setting a minimum wage every year. Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages regulates the formula for calculating minimum wages which includes three variables, namely inflation, economic growth and a certain index (symbolized in the form a). The minimum wage calculation formula regulated in Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages is expected to encourage an increase in people's purchasing power and realize a living wage for workers/laborers. However, periodic evaluations need to be carried out to ensure that the formula can adequately meet the minimum living needs of workers/laborers and their families.

Kekosongan Hukum dalam Hal Mengadili Permohonan Keputusan Tata Usaha Negara Fiktif Positif

Indonesia established a State Administrative Court to resolve disputes between the government and the community. Initially, the State Administrative Court had the authority to make decisions on accepting positive fictitious applications based on the Government Administration Law, but since the introduction of the Job Creation Law, the authority of the State Administrative Court has been abolished. So there will be a judicial review of the Job Creation Law. Decision Number 10/PUU-XX/2022 is a judicial review of the Job Creation Law. The decision explains that the application cannot be accepted because it is still premature because the Job Creation Law has still been formally revised for two years since 2020. This research is normative juridical research. The result of this research is that there is a legal vacuum in the authority to grant acceptance of positive fictitious applications because the Job Creation Law does not regulate it, so that if the Government still does not regulate this matter, then the Government must create a new institution that can provide decisions on accepting positive fictitious applications.

Understanding the Gap: A Cross-Sectional Survey of ELSI Scholars’ Dissemination Practices and Translation Goals

Background Researchers engaged in the study of the ethical, legal, and social implications (ELSI) of genetics and genomics are often publicly funded and intend their work to be in the public interest. These features of U.S. ELSI research create an imperative for these scholars to demonstrate the public utility of their work and the expectation that they engage in research that has potential to inform policy or practice outcomes. In support of the fulfillment of this “translational mandate,” the Center for ELSI Resources and Analysis (CERA), funded by the National Human Genome Research Institute (NHGRI), aims to facilitate community-informed, ELSI research results synthesis and dissemination. However, little is known about how ELSI research scholars define the goals of translation and imagine the intended users of their research findings. Methodology We distributed a Qualtrics survey to ELSI scholars that aimed to determine: (1) researchers’ expectations for their research findings in relation to policy or practice outcomes, (2) the stakeholder groups researchers believe could benefit from their research findings, and (3) the methods researchers use to foster the uptake of their findings by those stakeholders. Results Most ELSI researchers surveyed thought there were stakeholders that could benefit from their research findings, including health care professionals, at-risk individuals, patients, and their family members, policy-makers, and researchers/scientists, and expected their research findings to inform the creation or revision of laws, policies, or practice guidelines. Most researchers planned to disseminate findings directly to relevant stakeholders, with fewer expecting dissemination support from research funders, universities, or other entities. Conclusion The broad range of research topics, disciplines, and set of potential end users represented in ELSI reseach complicate the work of a knowledge broker. Nonetheless, the CERA can play an important role in disseminating ELSI results to relevant stakeholders. Further research should explore outreach mechanisms.

Pengaruh Penerapan Pemidanaan di Undang-Undang Cipta Kerja Bagi Pemulihan Lingkungan Hidup

This research is to find out the effect of Law No. 11 of 2020 concerning Job Creation on environmental restoration and the influence of crime on the environment. This research uses a normative juridical type of research, legal research uses library research. The basis of this research is the reduction of regulations on protection for the environment, especially in the field of utilization of natural resources in the East Kalimantan region, this can be seen from the issuance of the Job Creation Law which trimmed/replaced regulations from the previous law which was considered to suppress the previous regulations so that it became a threat of arrest. uncontrollable environmental damage. Basically regulations or rules are used to give rules to the public so they don't act as they please, that everything in a country has rules with criminal penalties that aim to give fear to the public so they don't violate existing rules. The drafting of regulations for Law No. 11 of 20 Concerning Job Creation was driven with the aim of improving the economic and labor aspects of simplifying the EIA in the Job Creation Law to make it easier for entrepreneurs to arrange permits for the utilization of natural resources in the coal mining sector so that many investors are willing to investing in and working with coal mining entrepreneurs also adds to jobs because many entrepreneurs carry out mining activities and of course the economy increases in an area, but behind all that there is a threat of great environmental damage that will befall something if there are no rules that are able to provide protection against environment that has been destroyed as a result of arbitrary human actions, this is the view of the government in making laws and regulations so that it does not only prioritize economic value but also pays attention to what impacts occur as a result of taking natural resources so that a balance must be made so that environmental damage can be overcome.

Constitutional Dynamics of Employment Copyright Law in a Legal Sociology Perspective

The Constitutional Court on November 25 2021 in its decision stated that Law Number 11 of 2020 concerning Job Creation must be declared conditionally unconstitutional. The government then made improvements through Government Regulation Number 2 of 2022 concerning Job Creation which was then promulgated with Law No. 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. In principle, the existence of law is to create order and order in society, this is in direct contrast to the process of drafting the Job Creation Law which was filled with various criticisms and efforts to prevent the a quo Law from being passed by the Government and the House of Representatives. Sociology of Law views that society must have access to justice. Law refers to a rule of life that is in accordance with the ideals of living together, namely justice. An order in which only the public interest takes priority, namely the participation of everyone in the idea of justice will be achieved perfectly.

Towards to Battery Digital Passport: Reviewing Regulations and Standards for Second-Life Batteries

Greenhouse gas emissions from transportation harm the environment. In response to these environmental concerns, numerous countries encourage the adoption of electric vehicles (EVs) as a more environmentally friendly option than traditional gasoline-powered vehicles. Advances in battery technology have made batteries an alternative solution for energy storage in stationary applications and for electric mobility. Reduced lithium-ion batteries (LIBs) production costs due to economies of scale, electrode material and cell design developments, and manufacturing process improvements have driven this success. This trend is expected to increase the number of LIBs on the market that may be discarded in the environment at the end of their useful life if more sustainable alternatives are not technologically mature. This coming environmental concern can be mitigated by collecting wasted EV batteries, reconfiguring them, and reusing them for applications with less stringent weight, performance, and size requirements. This method would extend battery life and reduce environmental effects. The present work investigates the main regulatory structures of the second-life battery industry that require rules, technical standards, and laws. To achieve this objective, a systematic review was carried out following a strict protocol that includes identifying relevant studies, extracting data and information, evaluating, and summarizing information. This paper explains the primary rules and technical standards governing the second-life battery business. The findings highlight the need for universities, research institutions, and government agencies to evaluate the second-life battery industry objectively. This would enable the creation of new technological regulations and laws for this burgeoning industry.

Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy

The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority.