Creation Of Law Research Articles

Through the Justice and the Sovereignty Over Natural Resources: An Analysis of 100 % Foreign Direct Investor Ownership over Geothermal Sector Project

The enactment of the Job Creation Law and the Presidential Decree Number 10 of 2021 concerning the Investment Business Sector has make it possible for foreign investors to gain 100% ownership over geothermal sector projects. This policy then raises an important question, which is whether such policy violates the Sovereignty over Natural Resources doctrine, and if so, what kind of policy should be made. This study aims to analyze Indonesia’s geothermal foreign direct investment policy through the Sovereignty over Natural Resources doctrine and implementation of the fair efficiency principle, which also includes aspects of efficiency and justice. This study is normative legal research using statute approach and conceptual approach. The result of this study indicates that, although 100% foreign investor ownership over geothermal exploitation projects could be seen as an efficient policy to attract investors. However, it is still lacking the proper regulation to ensure said policy will not cause harm to the people.

Legal Protection Against Home Ownership Credit Debtors with the Flexibility of Banking Policies in Credit Agreements without the Creditor's Permission

Introduction: The Job Creation Law's implementation in 2023 will significantly alter corporate rivalry and investment, particularly in the housing industry. This modification attempts to take into account the changing circumstances that both customers of housing and creditors or housing providers must deal with. Law Number 1 of 2011 further stipulates that all Indonesians in middle-class and lower-class economic categories must have access to livable housing. Objective: This article's goals are to clarify the legal ramifications of moving credit with collateral as a home ownership credit object without the creditor's consent and to outline the legal safeguards available to new home ownership credit (KPR) debtors in Medan who are still obligated to their banks by collateral. Methods: The laws and rules governing the distribution and financing of house ownership credit (KPR) in Indonesia are examined using a comparative legal analysis in this article. The efficacy of these regulatory actions is assessed by the author from a formal legal standpoint. The qualitative parameters of agreement laws in house ownership credit (KPR) are included in this study, along with the degree of legislative and banking policy development in Indonesia with regard to KPR financing. Results: Based on the analysis of the Court Decision, the research results demonstrate that credit transfers without the creditor's consent, which are frequently done in society, can be said to be legally valid as long as there are no parties who are disadvantaged and the new debtor has good faith intentions to uphold the rights and obligations of a determined contract. When a credit transfer is done without the consent of the creditor or notary, it is considered legally void and loses legal protection in the event that the new debtor breaches the terms of the agreement between the old and new debtors. Additionally, the new debtor's failure to fulfill their obligations demonstrates their lack of good faith. Conclusion: A policy regarding the validity of transferring home ownership credit (KPR) without the creditor's permission with provisions that do not cause losses to either the creditor or the new debtor should be developed in order to address the issue of legal protection for debtors of KPR who transfer without the creditor's consent.

Kepastian Hukum Penetapan Sertifikasi Halal di Indonesia Ditinjau Dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja

This research discusses legal certainty in the determination of halal certification in Indonesia in the Job Creation Law. Definition of Halal Certification, Halal certification is a process to obtain a halal certificate by going through several stages of examination to prove that the raw materials, production process, and product halal assurance system at a company are in accordance with established standards. In Law No.6 of 2023 concerning Job Creation also facilitates halal certification with the issuance of self declare, self declare itself is a statement of the halal status of micro and small business products by the business actors themselves. This research uses normative juridical research methods. In this context, the Job Creation Law introduces significant changes in the regulation of Halal Product Guarantee, including cutting the time for the halal certification process and introducing a self-declare mechanism for micro businesses. These changes are expected to accelerate the growth of the halal food industry in Indonesia and improve the competitiveness of halal products in the global market. As such, this research provides an in-depth understanding of the legal framework governing the establishment of halal certification in Indonesia and how it interacts with the legal changes brought about by the Job Creation Law. This research also identifies the importance of maintaining a balance between bureaucratic simplification and the sustainability of the implementation of Halal Product Guarantee in the context of Indonesian society.

Optimalization of the Notary Authority in Binding PPJB: Legal Review of the Job Creation Law

Optimalization of the Notary Authority in Binding PPJB: Legal Review of the Job Creation Law

Legal Effects of the Ratification of the Job Creation Law on the Existence of Psychics and Shamans as Medical Personnel

Law Number 11 of 2020 is an Omnibus law, namely by simplifying amendments or even revoking a number of regulations and laws that were previously in force in order to harmonize existing rules, and codified simply in one law, namely the Job Creation Law. In this case, it will be raised regarding the juridical implications of the ratification of the Job Creation Law on the existence of psychics and traditional healers as medical workers. The research method used in this research is the use of a normative juridical approach and the data used as a data source in this research is secondary data through literature study. The inclusion of psychics as medical personnel in the omnibus law has sparked controversy in the community because the recognition of psychics in the law by the state in this context is considered to equalize professional medical personnel such as doctors with psychics. In addition to paranormals, the community also focused on the inclusion of traditional birth attendants as providers of medical health services. In the omnibus law, TBAs are listed along with midwifery, which has drawn cons, especially from midwives themselves.

Examining Community Participation in the AMDAL Preparation Process Post-Job Creation Law Viewed from a Human Rights Perspective

Since the publication of UU Cipta Kerja, the element of community involvement in the preparation of AMDAL, which is the guidance of corporations in managing the environment, has become narrower. This research aims to analyze the role of the community in preparing AMDAL after the enactment of UU Cipta Kerja and to analyze the environmental impact of companies on fulfilling community rights after the enactment of UU Cipta Kerja. This research uses normative juridical research methods and a statutory approach as well as a conceptual approach. The lack of community involvement in the preparation of AMDAL actually harms human rights because the Indonesian constitution and laws and regulations guarantee that everyone can express opinions, has the right to a healthy living environment, and has the right to be included in policy decision making. The enactment of UU Cipta Kerja itself resulted in a restructuring of AMDAL arrangements which made it easier for business actors and paid less attention to environmental policies and their impact on society.

A promising model of natural-economic diversity in the Carpathian-Podillia region in Ukraine in the context of national and regional interests


 
 
 A promising model of natural-economic diversity in the Carpathian-Podillia region in the context of national and regional interest is based on rational use of agricultural, water economy, recreation tourism, forest land, and human settlement resources. The foundation of the model was a rational, historically formed use of nature and natural resources, which are essential for the optimal functioning of the Carpathian-Podillia region in Ukraine. In the article, besides the traditional types of nature use, we analyzed new creative kinds – recreation tourism, human settlement, nature protection and others, which are currently oriented at sustaining the ecological balance in the region in order to promote optimal living and work conditions for the people. In the system of state management of the processes of nature use in Ukraine, the dominating tendency is strengthening of the regional territorial link of management, which obviously is related to ecological issues. Over the recent decades, the national spend on environmental protection has increased. The state has improved the regulations of nature use by establishing methods to identify and reverse processes of environmental pollution, as well as regulation of the mechanism of ecological expertise. The national environmental policy has attained a vector towards a sustainable nature use. One of its moving forces is legal responsibility for nature use, adoption of a number of laws of environmental protection and creation of respective institutions of state-administrative management. The expenditure on combating environmental pollution approached 2% of Ukraine’s GDP. Important components in the structure of state ecological regulation are state and foreign investments. The main capital investments in environmental protection and rational use of natural resources are car- ried out for the following spheres: rational use of water, land, forest, fishery resources; protection of atmosphere air. The greatest share of material support goes to water, land, and mineral resources.
 
 

Putusan MK Atas Pengujian Formil Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja

The problem in this research is related to the Constitutional Court Decision Number 91/PUU-XVIII/2020 on the Review of Law Number 11 of 2020 concerning Job Creation. This type of research is library research through a normative juridical approach. The data sources used are primary and secondary legal materials. Primary legal materials consist of the Constitutional Court Decision Number 91/PUU-XVIII/2020, Law Number 24 of 2003, Law Number 12 of 2011). While secondary legal material includes official documents consisting of scientific articles, books, journals. Data collection techniques in this study were case study and documentation methods. Furthermore, the data analysis technique used in this study is qualitative analysis that is collecting secondary and primary legal materials on the Constitutional Court's decision related to the problem being studied. The results of this study state that the review of Law Number 11 of 2020 concerning Job Creation refers to the provisions of Law Number 12 of 2011 concerning Formation of Legislation. In the process of its formation it did not apply the principles of forming good laws, including not applying the principle of transparency. So that it does not provide space for participation for the public to participate in discussing the law. The consideration of the Constitutional Court judges in composing the decision is the consideration of justice through Conditional Unconstitutional. Then the legal consequences of the formation of the Job Creation Law included cutting severance pay, termination of employment, no maternity leave and miscarriages for women workers.

Međunarodni institut za unifikaciju privatnog prava i ugovorno pravo reosiguranja

Within the International Institute for the Unification of Private Law (UNIDROIT), the idea of working on an instrument of reinsurance contract law existed since the 30’s in the twentieth century. However, the final realization of this project happened only in 2019 with the publication of the Principles of Reinsurance Contract Law and in cooperation with the so-called PRICL Project Group. This harmonization endeavor is special in many ways, considering that in addition to the application of a specific bottom-up method of law creation, there was also an innovative approach in the use of a successful soft law regulation - the UNIDROIT Principles for International Commercial Contracts as lex generalis in relation to the new adopted regulation for the field of reinsurance. The author analyzes the relationship between the two mentioned acts in general, but also regarding the crisis caused by the COVID-19 virus pandemic. The paper also analyzes the contribution of the Principles of Reinsurance Contract Law to legal certainty and the characteristic role that the International Institute for the Unification of Private Law plays in the process of legal harmonization, and more specifically in the process of reinsurance contract law harmonization.

Criticizing potential deviations in the role of environmental impact analysis after the enactment of the job creation law

Because the implementation of sustainable environmental programmes is not viewed as optimal in terms of environmental protection, the Job Creation Law (UUCK), which was drafted using the Omnibus Law, attempts to integrate 80 laws into just one Job Creation Law that regulates multiple sectors, including the environment. This study examines how the Environmental Impact Analysis (AMDAL) in the Job Creation Law varies from the norm. This study aims to decipher how the Omnibus Law might affect AMDAL rules, spot and examine any potential role deviations, and assess the results for the environment. Literature reviews, legislation analyses, and case studies are all examples of research approaches. This study’s findings show that anomalies in the implementation of Am dal in the Omnibus Law pose a threat to environmental quality and long-term viability. This modification reduces the significance of AMDAL as a factor evaluated by the government in deciding whether or not to grant a business license. Clearer and parallel rules that prioritize sustainable environmental protection are required to offer a new legal base that safeguards and covers legal principles and standards pertaining to the environment.

Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation

This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment. There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of strengthening and repositioning the KPBPB within centralization notion of Job creation law.

Comparison Of Regulations For The Approval Of Condominium Developments Before And After The Job Creation Law

Housing development is an effort to meet one of the basic human needs, as well as to improve the quality of the living environment, give direction to regional growth, expand employment and drive economic activities in improving and equitable distribution of people's welfare. The construction of flats is one alternative solution to the problem of housing and settlement needs, especially areas in urban areas where the population continues to increase, because the construction of flats can reduce land use, make urban open spaces more spacious and can be used as a way to rejuvenate the city for slums. Arrangements related to the construction of flats were initially regulated in the Flats Law, one of which regulated the ratification of flats. The Job Creation Law through its omnibus law model amends several provisions including those related to flats, including through implementing regulations. In this paper using normative juridical research methods, the author will compare the arrangement for the ratification of flats before and after the promulgation of the Job Creation Law and explore potential juridical problems.

Multi-Party Model in Cooperatives : Deep Understanding of Ratio Legis in Minister of Cooperatives Regulation Number 8 of 2021

In line with the progress of the global economy, especially in Indonesia, it is recognized that a digitalization and modernization era has taken place, which continues to evolve and never ceases. This necessitates cooperatives to strengthen themselves to be healthier, self-reliant, modern, strong, and competitive, in accordance with cooperative principles, enabling them to play a role as a "pillar of the national economy." In April 2022, the Minister of Cooperatives and Small and Medium Enterprises Regulation on Cooperatives with a Multi-Party Model Number 8 of 2021, hereinafter referred to as "Permenkop UKM KMP," came into effect on October 21, 2021.
 In other countries, the Multi-Party Model Cooperatives, referred to as "KMP," have been commonly used for various business purposes. For example, they have been established in the United Kingdom since 1870, in the United States since the 1990s, in Italy since 1991, in Canada since 1997, in Portugal since 1998, and in France since 2001. Firdaus Putra, the Chairman of the Indonesian Consortium For Cooperative Innovation (ICCI), mentioned in a webinar on the dissemination of Minister of Cooperatives and SMEs Regulation No. 8 of 2021 concerning Multi-Party Model Cooperatives, that Italy is the best-practice example of KMP globally, with approximately 14,000 KMPs as of today. However, with the issuance of Permenkop UKM KMP in Indonesia, the history of Permenkop UKM KMP began only in 2022, making it a relatively new terminology in Indonesia. The issuance of Minister of Cooperatives and SMEs Regulation Number 8 of 2021 on Cooperatives with a Multi-Party Model raises several questions about the reasons behind the introduction of this new regulation. For instance, is the regulation solely implemented as a UUCK (Job Creation Law) enforcement measure, given the mention of the need for cooperatives to support job creation, even though it is not explicitly explained which type of cooperatives are referred to in the UUCK.

Should Australian states enact statutes that explicitly ban unconsented intimate exams performed by medical students for educational reasons?

While the practice now seems to be relatively uncommon, in the recent past some medical doctors have instructed their students to perform intimate exams on unconscious patients without first securing their informed consent. Concern about the issue has led some American states to introduce legislation explicitly banning such exams. We consider if Australian states should do the same. Noting that there is little substantive evidence suggesting that the practice continues in Australia, we argue that the creation of specific laws lacks justification; such exams already contravene existing health law, which prohibits the conduct of any physical exam without first ensuring the patient’s consent. Furthermore, even if the practice continues, additional legislation will do little to address the more fundamental issue; a culture that considers the practice morally acceptable. We therefore argue that professional bodies, including student organisations, should issue formal position statements that not only reject such exams unequivocally, but also offer guidelines for best practice. Teaching hospitals and medical schools should adopt similar policies on the matter and ensure that these are discussed at relevant junctures in the curricula. Such policies should ensure accountability by setting out clear reporting lines that establish clear sanctions for those who instruct medical students to perform such exams.

Hak Menguasai Tanah oleh Negara dalam Penggunaan Tanah untuk Investasi

Along with the enactment of Law Number 11 of 2020 concerning Job Creation which regulates land acquisition for investment, there are several conflicts about that. These investment provisions prevent investors to invest their capital in Indonesia. One way to fulfill investors' wishes is to carry out legal transplantation and harmonization. The problems are related to land control by the state for investment and the existence of investment laws and Job Creation laws which has problems with current legal provisions, as well as how to utilize transplantation in harmonization of laws and regulations governing investment. This article aims to find a solution to accelerate regulation through transplantation and harmonization of law in the land sector. This research uses normative juridical methods. The results found were that the investment regulations in the land sector, and the regulations in the job creation law, still overlap so that it becomes an obstacle for investors. Therefore, the acceleration of regulations to fulfill investors' desires is carried out through transplantation and legal harmonization.

FORMAL AND LEGAL BASIS FOR THE INSTITUTIONALISATION OF INTERNATIONAL COMMERCIAL ARBITRATION: 100 YEARS OF EXPERIENCE

The article reveals the formal-legal basis for the institutionalisation of international commercial arbitration. It is found that states are still far from a unified understanding of the basic scope of human rights, but they have a clear common vision of the mechanism for protecting the interests of international commerce. Against the background of the economic and innovative successes of the EU and other countries in the world that have made human rights a priority, it would appear that the source of modern transnational trade problems lies precisely in another group of states in which commercial interests dominate human rights. This second type of state nourishes its development at the expense of the innovations of the first type of state, its constructive and passionate representatives. Innovative solutions are formulated by the freest people, whose freedom is legally and organisationally guaranteed, which becomes a source of release for their creative, productive existential energy. Therefore, the contradictions between these two types of entrepreneurs of nations give rise to commercial disputes regarding the path of development, as well as legal conflicts within each of these types of nations regarding the vector of development or decline. Strategically, it is an ontology of modern problems of international commercial disputes. It is emphasised that the institutionalisation of international commercial arbitration is conceived as the creation of legal models for interpretation, determination of cause-effect relations, assessment of all essential circumstances of commercial relations, about which the parties of this type of social interaction have not reached an agreement and are forced to turn to mediators, to whom they entrust jurisdiction over the dispute between them. It was noted that the legal reality of the institutionalisation of international commercial arbitration reflects the path of human development, which at the present stage is marked by crisis. Logical, rational, clear law is in a permanent process of critical evaluation of the synergy of creative, risky, adventurous, pragmatic entrepreneurship. Ideal legal models absorb the constructive activity of entrepreneurship, foreseeing its long-term prospects as positive. At the same time, it is the task of lawyers to reject those types of economic relationships that threaten common humanity. In conclusion, the UN Commission on International Trade Law is the only global body designed to ensure the optimal course of correlation processes between private international law and transnational commercial activity. At the same time, however, this Commission suffers from all the consequences of the UN's dysfunction. This is particularly evident in the UN's inability to prevent wars, famines, environmental disasters, military crimes and other global crises. It is advisable for the states to create a separate organisation in which they can coordinate their legal standards of joint entrepreneurship in the extractive industries, production, trade, finance, as well as the global environmental, national economic and other consequences of commercial projects. This organisation would become a convenient platform for honest parity in the unification of the legal practice of transnational entrepreneurship and the settlement of its disputes, based on the legal customs and traditions of different nations. This would provide a significant impetus for the healthy creation and application of international private law, capable of determining the vector both of global progress and of appropriate transformations in domestic national economic policies.

Administrative and legal regulation of surrogate maternity in Ukraine

The article is devoted to the study of key aspects related to the legal regulation of the institution of surrogacy, and this study covers both the domestic legislation of Ukraine and the laws of foreign countries.
 The article includes an analysis of the legal regulation of surrogate motherhood in various countries of the world, in particular, the United States of America, Israel, Australia and others. The special focus of the study includes the analysis of the legislation of these countries and their approaches to the regulation of surrogacy.
 In addition, the article examines the norms, requirements and criteria that exist in the current Ukrainian legislation regarding gestational surrogacy. Based on the analysis of this legislation, conclusions are put forward, which indicate the need for further improvement of the legal regulation of surrogate motherhood in Ukraine. In particular, the article expresses the idea of a possible creation of a separate law aimed at regulating procedural aspects and relationships in this field of medicine.
 This article is a valuable source of information and analysis for anyone interested in the current state of legal regulation of surrogacy, both in Ukraine and elsewhere
 In addition, the article points to the importance of the urgent need for further improvement of Ukrainian legislation on surrogacy. The proposed creation of a separate law aimed at regulating procedural aspects and relations in the field of surrogacy can contribute to a more qualitative and systematic approach to this issue in Ukraine.
 The general conclusion from this article is that the legal regulation of surrogate motherhood is an urgent and complex problem, and the further development of this field of medicine requires a well-founded, consistent and objective approach on the part of legislators and other participants in the process.

The Urgency of Establishing Constitutional Court Procedural Law

The formulation of procedural law within the constitutional court is a crucial requirement, as stipulated by Article 24 C paragraph (6) of the 1945 Constitution of the Republic of Indonesia. While the Constitutional Court Procedural Law is outlined in Law No. 24 of 2003 on the Constitutional Court, it merely provides general points. Special aspects, aligned with individual case characteristics, are deferred to the Constitutional Court for independent regulation based on Article 86 and the Explanatory Note to Law No. 24 of 2003. However, this delegation is inappropriate as procedural law should be governed by Law-level regulations, not by Constitutional Court Regulations (PMK). To date, the Constitutional Court continues to produce the Procedural Law in the form of PMKs. This study employs a normative juridical research method, with a statutory and conceptual approach, and conducts analysis in a qualitative descriptive manner. This paper concludes, firstly, that the creation of procedural law within the constitutional court holds philosophical, juridical and sociological significance. Secondly, the drafting process of the constitutional court’s procedural law must adhere to the process of forming sound laws and regulations and contain materials in line with their level as prescribed in the legislation.

Human Rights and Democracy in South Asia: Theory and Practice in Pakistan

Political instability in Pakistan has led to a weak and inconsistent protection of human rights, with human rights abuses being committed with impunity and limited accountability, ultimately hindering the development of a strong and sustainable democratic system. The paper gives an overview of the legal protections provided under the Constitution of Pakistan regarding fundamental human rights. The paper aims to provides an analysis of the application of various human rights regulations and the ground realities in the country. Using a variety of secondary data sources, including human rights reports, news articles, and legal documents, the paper explores the extent to which the government of Pakistan is fulfilling its obligations under national and international human rights regulations. This research paper examines the current situation of human rights in Pakistan, with a focus on key issues such as the rule of law, economic challenges, fight against corruption and terrorism, women and minority rights, and freedom of expression. The findings suggest that while there have been some positive developments in recent years, such as the strengthening of counter-terrorism measures and the creation of new laws to protect women's rights, significant challenges remain. These challenges include the failure to hold perpetrators of human rights abuses accountable, the use of legal regulations to suppress dissent and free speech, and the continued discrimination against religious minorities and marginalized groups.

Strengthening Land Law Reforms through Legal Pluralism in Indonesia

This study explores the urgent need for reforms in Indonesia's land law system, specifically focusing on incorporating legal pluralism into the national legal framework. Utilizing a normative legal research method, the study scrutinizes primary and secondary legal documents, including the 1945 Indonesian Constitution, the Basic Agrarian Law, and the Job Creation Law, while also incorporating insights from related literature. The main finding indicates that although the Basic Agrarian Law (UUPA) has attempted to blend principles of customary and religious law into the national land law framework, its implementation still exhibits signs of weak legal pluralism, where state law dominates. This research suggests that adopting legal pluralism as a foundational principle in the UUPA could serve as a catalyst for fostering greater harmony between state and non-state laws, encouraging the development of policies that are more accountable and responsive to local realities. This holds significant implications in promoting agrarian justice and sustainability in land management in Indonesia, offering vital insights for ongoing legal reform efforts.
 Highlights:
 
 Inadequate integration of customary and religious law principles in the existing Basic Agrarian Law (UUPA).
 The potential of legal pluralism as a foundation to foster greater harmony between state and non-state laws.
 The urgent need for responsive policies that align with local realities to promote agrarian justice and sustainable land management in Indonesia.
 
 Keywords: Legal Pluralism, Land Law Reform, Agrarian Justice, Policy Development, Indonesian Constitution