Creation Of Law Research Articles

A POPULAÇÃO BRASILEIRA PRIVADA DE LIBERDADE E O ACESSO AOS SERVIÇOS DE ASSISTÊNCIA À SAÚDE

Objective: To identify in the literature how the population deprived of their liberty accesses health services, seeking to verify the health risks to which they are exposed. Methodology: integrative review, carried out in the Virtual Health Library (VHL); United States National Library of Medicine (PuBMED) databases using the descriptors prison system, public health and Brazilian penitentiary system. Results: seven publications made up the interpretative analysis, in which the lack of professionals and the very context of the prison system are challenges that directly affect the health of this population. The reality found within the prison system is worrying and deserves a more critical look when it comes to health care for this population. Conclusion: Even with the creation of public policies and laws aimed at the population deprived of their liberty, there are still many obstacles that hinder health care, such as the structural shortcomings of the SUS and the chaotic context of the prison system. There are many problems that limit health services and make them increasingly inefficient. In order to make progress in promoting health and guaranteeing their rights, it is essential to review the determinations and policies aimed at these people.

PROTECTION OF SUSTAINABLE AGRICULTURAL LAND AND FOOD (PLP2B) AS AN INDONESIAN STRATEGY FOR SUSTAINABLE DEVELOPMENT GOALS (SDGs): BANYUWANGI AGRARIAN CONFLICT STUDY, INDONESIA

Agrarian conflict is inevitable, considering that Indonesia is known as an agricultural country. One of the agrarian conflicts that takes place continuously is the conflict that occurred in Banyuwangi, namely between PT. Bumi Sari with the Farmers Pillar of Pakel Village. This conflict involves the Company and civil society. The purpose of this study is to analyze the authority of the Banyuwangi local government in realizing the Protection of Agricultural Land and Food (PLP2B) in reducing agrarian conflicts as an effort to create Sustainable Development Goals (SDGs) in Banyuwangi, Indonesia. This study actualizes the juridical normative model with the types of statute approach and conceptual approach. The study consisted of primary data and secondary data. Primary data comprises PLP2B, SPPN, PPA, and Regional Government Law, while secondary data contains various journls and books. Data analysis includes data collection, data reduction, and conclusions drawn. The data analysis of this study uses the theory of autonomy. Concluding uses an inductive pattern (generalization). The study results stated that after enacting the Job Creation Law, which imposed PSN (National Strategic Program), it could precede PLP2B in running a program. The Banyuwangi local government has the authority to ratify the PLP2B Law through the function of regional autonomy as an implication of the concept of decentralization in Indonesia’s government system. The Banyuwangi Regency government should optimize this function to create regulations or programs that have a relationship or correlation with the resolution of agrarian conflicts.

Agrarian Conflicts After the Establishment of the Land Bank Agency in Indonesia

The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.

Juridical Review of The Amount of Administrative Sanctions in the Form of Interest and Interest Rewards PP No 35 of 2023

This research is motivated by the tax collection system in Indonesia using the Self Assessment System. The Self Assessment System is a tax collection system in which the government gives full trust to taxpayers to calculate, deposit and report their own tax obligations. Taxpayers are considered capable of calculating taxes, able to understand the current tax regulations, and have high levels of honesty, and are aware of the importance of paying taxes. Thus, the success of tax collection depends a lot on the taxpayers themselves. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are Article 113 of the Job Creation Law, taxpayers submit requests for interest compensation to the Head of the KPP where the Taxpayer is registered or where the PKP is confirmed. Submission of applications can be done electronically or in writing by including the Taxpayer's domestic account number. After the taxpayer submits a request for interest compensation to the KPP, no later than one month after the application for interest compensation is received in full, the KPP will process the Taxpayer's application. Interest compensation is paid by the Directorate General of Taxes by transferring it to the account of the Taxpayer who is entitled to receive the interest compensation, then the reporting of the receipt of the interest compensation is reported in the Annual SPT in the following tax yea

A EXIGÊNCIA DE POLÍTICAS PÚBLICAS PARA A CONTENÇÃO DA LITIGÂNCIA PREDATÓRIA

This article aims to analyze the phenomenon of predatory litigation, which consists of the abusive use of the Judiciary with the intention of causing financial harm to third parties. Initially, the history of predatory litigation in the United States is presented, with the creation of antitrust laws and jurisprudence on the subject. Next, the metaprocedural effects of predatory litigation are addressed, which go beyond the judicial decision and may have strategic motivations. The article also analyzes the perception of the phenomenon by the Brazilian Judiciary, with the identification of emblematic cases and the adoption of measures to curb this practice. Finally, public policies are proposed to address predatory litigation, with an emphasis on awareness, prevention, institutional strengthening, and the promotion of alternative dispute resolution methods. The goal is to contribute to the construction of a more efficient and fair justice system, capable of curbing the abusive use of the Judiciary.

Effectiveness Of Article 42 Sentence (1) Uu No. 6 Of 2023 On The Creation Of Work Regarding The Implementation Of The Basis Of Legal Certainty In The Mortgage Agreement By The Banks With The Act Of Binding Agreement Of Sale And Purchase

PT Bank Tabungan Negara (Persero) Tbk (Bank BTN) is a State-Owned Enterprise (BUMN) which operates in the banking sector, committed to being a bank that serves and supports housing sector financing. The mission carried out by Bank BTN is to actively support the government in advancing the welfare of the Indonesian people through home ownership and realizing the life that millions of Indonesians dream of through providing decent homes. One type of credit that is still in demand and needed by the public is KPR (Home Ownership Credit). Bank BTN as a bank that focuses on housing financing certainly fully supports the One Million Houses Program launched by the government. It is proven that currently Bank BTN is a bank with market share The largest Home Ownership Credit (KPR) in Indonesia. In order to improve and optimize services to the community with the development of the KPR business and support Bank operations both in terms of business processes and maintaining document quality, there are conditions where it is not possible to make a Sale and Purchase Deed (AJB) so that a temporary binding agreement is needed, namely a Sale and Purchase Agreement ( PPJB). This research aims to determine the implementation of KPR agreements by Bank BTN with sale and purchase binding deeds (PPJB) according to Article 42 paragraph (1) of Law no. 6 of 2023 concerning Job Creation at Bank BTN Kediri. This type of research is empirical juridical legal research and the specifications in this research are descriptive. The source and type of data in this research is primary data obtained from field studies in the form of interviews with Bank BTN Kediri employees. And secondary data was obtained from literature studies related to the theory of legal certainty. The results of this research are that the implementation of the KPR agreement by Bank BTN with the PPJB deed based on Article 42 paragraph (1) of the Job Creation Law does not fully meet the requirements stipulated in Article 42 paragraph (2) of the Job Creation Law.

A Political Perspective of the Law in the Copyright Law on Investment in Micro, Small and Medium Enterprises Umkm

Economic growth is based on a healthy and solid investment cycle, especially for micro and small entrepreneurs. In this case, regulations related to investment in micro and small businesses do not fully reflect the equal relationship between medium and large business stakeholders and micro and small businesses. In preparing this article, the author used a normative juridical method that requires accurate data to be able to analyze existing legal problems, both in the form of primary data and secondary data. This research finds problems related to what factors are needed by the government to develop MSE investment from a progressive legal political perspective. This research uses a literature review method with a normative legal approach to statutory regulations. Based on this analysis, to increase the competitiveness of Micro and Small Enterprises in the implementation of Law Number 11 of 2020 concerning Job Creation from a political-legal perspective, an innovative government strategy is needed. This can be done by increasing the morality of Business Actors in accordance with the values of the Fifth Principle of Pancasila. In increasing the competitiveness of MSEs in the Legal Politics of the Job Creation Law, there needs to be a progressive Government strategy, namely by fostering greater morality of business actors, as mandated in the Principles. fifth. This can be achieved by recognizing progressive factors in the Government, namely: 1) Stabilizers; 2) Facilitator; 3) Regulators; and 4) Catalyst. This will accelerate the growth of Micro and Small Businesses efficiently and competitively without relying on the government on a large scale.

Legal Review of Ship Certification After the Issuance of Law Number 11 of 2020 Concerning Job Creation

This research examines the shift in authority and processes related to the certification of fishing vessels in Indonesia after the enactment of Law No. 11 of 2020 on Job Creation. The primary objective of this study is to analyze the legal force and implications of the transfer of authority from the Ministry of Transportation to the Ministry of Marine Affairs and Fisheries (KKP) in issuing fish vessel certifications. Using a normative juridical approach, this study investigates the procedural changes, challenges, and impacts of the new regulatory framework on fishing vessel safety and compliance. The findings show that the Job Creation Law simplifies licensing procedures while ensuring the safety and seaworthiness of fishing vessels. However, the study also highlights the challenges posed by a shortage of qualified inspectors, leading to delays in the certification process. This research underscores the need for regulatory adjustments and additional inspector training to align the maritime sector with the law’s goal of promoting safety and business efficiency.

Projecting the long‐run impact of an economic reform: The case of the Indonesian Omnibus Law

Indonesia has been seeking to improve its investment climate. The most recent development in this process is the enactment of a ‘Job Creation Law’, which aims to achieve improvement in the investment climate through simplifying red tape, eliminating large numbers of overlapping regulations, and adopting a Risk‐Based Assessment approach to business licensing. In parallel with this development, the Indonesian Government is pursuing an Import Substitution Strategy (ISS) to help preserve external balance while fostering local activity. In this paper, the recursive dynamic GDyn‐FS model of the global economy is used to highlight the positive impacts of improving the investment climate, on national investment and trade over time, and the flow‐on impacts to industries and households. On the other hand, the analysis indicates that the pursuit of an ISS, while possibly favouring protected activities, is likely to act as an ongoing drag on the wider economy.

CRIMINOLOGICAL FEATURES OF PROFESSIONAL CRIME

The article is devoted to the study of the criminological features of professional crime, which is an important and relevant issue for shaping the system of measures aimed at its prevention and counteraction. Professional crime refers to the criminal activities of individuals who systematically, throughout their lives, commit criminal acts in a specific field, using the results of these activities as a means of earning or gaining profit for their livelihood. For such individuals, their specific “criminal activity” becomes a “profession” in which they develop, continually improve their criminal skills, and reach professional “heights” to maximize profits (income) and hide the traces of their criminal activities from law enforcement. The authors identifies the following characteristics of professional crime: its persistent and stable nature; the presence of “specialization” and “qualification” in the offender; the regular income (profit) from criminal activity; the offender’s constant connection with an antisocial environment; and the existence of a specific “subculture” in the form of traditions, customs, and particular “languages of communication” (slang). Based on the research, the authors has formulated a system of economic, social, political, and legal measures to prevent and counter professional crime. As part of the legal measures, the author proposes amending different articles of the Special Part of the Criminal Code of Ukraine by adding a new qualifying feature: “the commission of an act in the form of criminal activity.” Currently, the only qualifying feature in the Criminal Code of Ukraine is “repeat offense,” which applies whether two episodes of a crime have been committed or even if there have been 3-15 episodes of the same crime. This approach fails to account for the activities of professional criminals, where the commission of 3-15 crimes should be qualified as a more serious offense compared to ordinary “repeat offenses,” which only cover two episodes. The authors also suggests the creation of a separate law, the “Law of Ukraine on the Basics of Prevention and Counteraction to Professional Crime,” which would include specific sections ensuring comprehensive regulation of the issue of combating professional crime. The structure of these sections may include: 1) “General Provisions”; 2) “Subjects of Countering Professional Crime, Their Competence”; 3) “Preventive and Countermeasures Against Professional Crime”; 4) “The Identity of the Professional Criminal and Their Legal Status”; 5) “Liability for Violations in the Sphere of Countering Professional Crime”; 6) “Control and Supervision over the Enforcement of Laws in the Fight Against Professional Crime”; 7) “Final and Transitional Provisions”. In the author’s opinion, a comprehensive legislative regulation of professional crime and the formation of an effective system of measures to counter it are key to building a successful preventive criminological policy of the state in the fight against such crime.

The simplification of licensing procedure in job creation law: the effectiveness to attract foreign investor

The simplification of licensing procedure in job creation law: the effectiveness to attract foreign investor

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law

Invisibilization of the unwanted Others? Feminist, queer, and postcolonial perspectives on the 1951 Refugee Convention’s drafting

The 1951 Refugee Convention represents the legal cornerstone of today’s global refugee protection, which is supposed to apply to all refugees regardless of their origin, gender identity, or sexual orientation. But did the Convention’s drafters have such a complex approach in mind? This paper analyzes the Convention’s drafting at the United Nations and the final conference in the late 1940s and early 1950s from feminist, queer, and postcolonial perspectives. By drawing on subalternity and absence, and using interpretive analysis of historical sources, the paper focuses on politics—who was (not) involved in debates—and policy—who was (not) considered under the refugee definition. The analysis reveals pervasive asymmetries, with western androcentrism inherently shaping the drafting. The western, white, heterosexual man was the standard filter for the powerful decision-maker and the protection subject, whereas women, LGBTQ+ and colonized people were neglected in politics and policy. Their exclusion was not merely a side effect of the political landscape at the time but reflects the reproduction of western androcentric power, which ultimately invisibilized the subaltern Others in the creation of international refugee law.

Simplification analysis of labour policy and regulation as an effort to increase micro and small enterprises’ growth in Indonesia

This research aims to examine in more depth the changes resulting from the Job Creation Law, which impact the level of business friendliness in Indonesia, and how to analyze these changes to improve the business environment to be more conducive to carrying out business activities. This research uses normative legal research methods and is analytical descriptive research. There have been several changes since the emergence of the Job Creation Law, such as the establishment of a limited liability company. Changes to the Job Creation Law could improve the Indonesian economy. However, juridically, this regulation gives authority to the central government to manage micro and small businesses, contrary to the principle of decentralization, which prioritizes the provision of resources to local governments.

Ownership Of The Right To An Apartment Unit By A Foreign Citizen After The Enactment Of The Job Creation Law

The Law No.11 of 2020 On Job Creation is a new law that aims to facilitate investment initiated by the government of President joko widodo, in the regulation has expanded the rights to apartment units by foreign citizens. In this context, the issuance of these regulations is important to ensure legal certainty, justice and expediency. This article explores the expansion of property rights to the unit flats associated with the principle of nationality in Law No. 5 of 1960 on agrarian principles. In the expansion of property rights to units of flats by foreign nationals in the job creation law should not ignore what is the purpose of the construction of flats in Indonesia.

The effect of advertising television broadcast migration on the attitude of television users

Background: This research was motivated by ratifying the Job Creation Law, which was related to implementing television broadcasts in Indonesia, which were initially analogue to digital. This transition has implications for the progress of the digital television broadcast industry in overcoming inefficiencies in the analogue TV broadcasts that have been used so far. Purpose: This study aims to assess how advertising affects viewers’ cognitive, emotional, and conative attitudes as it transitions from analogue to digital TV broadcasts in the media. Method: The research method uses descriptive methods with a quantitative approach. Data collection techniques include distributing questionnaires and conducting literature studies. This research involved 100 respondents who were obtained using the probability sampling technique in the random sampling category. Results: The study’s findings indicate that the use of advertisements to promote the switch from analogue to digital TV broadcasts has a significant impact on the attitudes of television viewers in the Garut Regency with regard to cognition, affect, and conative thinking. These attitudes are demonstrated by the audience’s acceptance of new information or knowledge (cognitive), their feelings of trust following exposure to these advertisements (affective), and their desire to switch to digital TV broadcasts right away (conative). Conclusion: Indicators of advertising exposure through frequency, duration, and attention have a strong influence in influencing audiences, especially cognitive, affective, and conative aspects, where the information provided can provide new perceptions and knowledge for people who constantly see advertising broadcasts transitioning to digital TV broadcasts on television. Implications: The results of this research can provide understanding and insight regarding the transition to digital TV broadcasting and how important information is so that one day, television users who read the results of this research can pay attention to the advertisements shown on television to understand and implement the information they receive.

Legal Certainty of Specific Time Work Agreements (PKWTT) Against Outsourced Labor Based Outsourcing Law Number 6 of 2023 concerning Determination Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation Becoming Law

Outsourcing is the use of labor from a third party for certain parts of work in a company. In terms of Human Resources or worker management, the Government continues to make improvements through regulations with the aim of maintaining the stability of relations between business actors and workers. One of them is Job Creation Law Number 11 of 2020 which regulates outsourcing with no limitations on the scope of work that can be outsourced. This changes some of the provisions of Law Number 13 of 2003 concerning employment. Perppu Number 2 of 2022 in conjunction with Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, where the cluster that regulates employment is newly regulated in this Law, including regarding outsourcing and/or outsourcing with revoke the provisions of the Job Creation Law Number 11 of 2020. In Law Number 6 of 2023 concerning Ratification of Perppu Number 2 of 2022 concerning Job Creation, it is emphasized that outsourcing is regulated more specifically through Government Regulation (PP) Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Time Rest, and Termination of Employment. So this creates legal loopholes and uncertainty as per the constitutional rights of citizens regarding welfare rights and as in Article 28 paragraph 1 and paragraph 2. Every person has the right to work and receive fair and decent compensation and treatment in the employment relationship.

Flood Disaster: Control and Utilization of Space after the Enactment of the Job Creation Law

The arrangement of Green Open Space is an area in the form of paths and groupings to its broader benefits; the pathway contains plants that grow naturally or are naturally grown directly. The Spatial Planning Law states that 30% of urban areas must have green areas, with 20% for public space and 10% for private. This study aims to determine the utilization and control of space after the enactment of Law No. 6/2023 on Job Creation in the Jember Regency, especially in urban areas. This research is normative juridical, meaning that it is carried out by examining various kinds of formal legal rules, such as laws, literature, and theoretical concepts, which are then related to the problems that are the subject of discussion. The approaches used in this research are the statute approach (legislative approach) and conceptual approach (concept approach / expert opinion). The study results explain that Law No. 26 of 2007 concerning Spatial Planning provisions regarding the content, guidelines, and procedures for preparing provincial and district/city spatial plans are regulated in Ministerial regulations. Still, in Law No. 6/2023 Job Creation, there are renewed provisions regarding the content, guidelines, and procedures for preparing provincial and district/city spatial plans regulated in Government Regulations. Based on this description, local government efforts to overcome floods can use several regulatory provisions in the Job Creation Law.

Analisis Perlindungan Hukum Terhadap Pemberi Kerja di Indonesia dalam Hukum Ketenagakerjaan Tahun 2024

This study aims to analyze legal protection for employers/businessmen/companies harmed by irresponsible workers in the Indonesian employment landscape in 2024. This study uses a normative legal method with a descriptive approach. The results of the study indicate that the Job Creation Law brings changes to the regulation of fixed-term employment agreements in the Employment Law, but there are still several issues that need attention. Legal protection for workers and employers is regulated in the Employment Law. Enforcement of employment law is carried out through strict supervision to maintain a balance between the rights and obligations of employers and workers. This research is expected to contribute to the development of employment law science, especially regarding legal protection for employers.

Analisis Perlindungan Hukum Bagi Pengemudi Ojek Online Pasca Berlakunnya Undang-Undang Cipta Kerja

Transportation innovation that has been born since 2010, namely online ojek, is now a favorite transportation for people to carry out their daily lives. However, the growth of the online ojek industry has caused many problems and challenges, including safety issues and protection of drivers' rights. The problem raised in this research is the legal protection for online ojek drivers and the position of drivers after the Job Creation Law takes effect. Looking at the Job Creation Law related to Employment, there are still no special provisions or regulations regarding online ojek drivers in terms of safety and online ojek tariffs so that legal protection for online ojek is still not optimal. The position of online ojek driver partners and companies is considered equal and the same, but in practice prospective online ojek drivers must sign a work agreement that has been set by the company without being able to discuss or negotiate beforehand. Based on this, it is recommended that companies can provide proper legal protection and the government immediately make regulations for online ojek drivers.