Creation Of Law Research Articles

Problems of Converting Agricultural Land and the Need to Anticipate Its Control After the Enactment of the Job Creation Law

Problems of Converting Agricultural Land and the Need to Anticipate Its Control After the Enactment of the Job Creation Law

Legal Protection for Micro, Small, and Medium Enterprises in the Perspective of Job Creation Act

The Job Creation Law, or often referred to as the Omnibus Law, has become a hot topic of debate in the community. On one hand, there are those who support this law on the grounds that it can accelerate economic growth and create new jobs. History shows that MSMEs have tremendous resilience in the face of economic crises. When the economic crisis hit in 1998 and 2008, MSMEs were relatively able to survive compared to large companies. Despite their great potential, MSMEs in Indonesia face various challenges. One of the main challenges is limited access to financing. Many MSMEs struggle to obtain sufficient working capital to expand their businesses. In addition, the low level of education and skills of the workforce is also an obstacle in improving the productivity and competitiveness of MSMEs. The research process using literature studies began with a descriptive qualitative research type. Legal protection for MSMEs is currently better regulated through the Job Creation Law and Government Regulation Number 7 of 2021. Both regulations pay special attention to financing and legal assistance for MSMEs, including legal counseling, legal consultation, mediation, and out-of-court assistance

Legal Protection for Workers Receiving Wages below the Minimum Wage Provisions at the District/City Level Post the Job Creation Law

This research aims to analyze the legal protection for workers receiving wages below the minimum wage after the enactment of the Omnibus Law on Job Creation. With the regulatory changes, there is a potential decrease in the wage levels for workers at the district/city level. Therefore, this study seeks to delve into the impact of legislative changes on the rights and welfare of workers, particularly those affecting minimum wage standards. The research method employed is normative legal research, involving an analysis of relevant legislation and a literature review on the impact of the Omnibus Law on Job Creation on worker wages. The findings indicate that these regulatory changes have a significant impact on workers' rights, especially those receiving wages below the minimum standard. Furthermore, the study identifies several challenges in the legal protection of workers under minimum wage provisions, including the expansion of company authority in setting wages. Therefore, it is recommended to implement policy and regulatory improvements that prioritize the interests of workers to ensure adequate legal protection amid changes in the labor market structure. This research is expected to contribute to a deeper understanding of the changes in working conditions post-Omnibus Law on Job Creation and their implications for workers' rights. Consequently, constructive solutions are anticipated to enhance legal protection for workers receiving wages below the minimum wage at the district/city level.

Peran Generasi Z Dalam Paradigma Geopolitik Indonesia

In the era of Society 5.0 and Industrial Revolution 4.0, technological advances and globalization have triggered significant changes in various aspects of life, including geopolitics. Indonesia, with its position as the largest archipelagic country and abundant natural resources, has great potential for economic growth and geopolitical influence. Generation Z, born between 1997 and 2010, plays an important role in Indonesia's geopolitical paradigm. They are a digital native generation who grew up with technology and globalization, making them key actors in politics, society and the economy. This research aims to explore the role of Generation Z in overhauling Indonesia's geopolitical paradigm, using a literature study method that collects data from related journals and articles. The research results show that Generation Z utilizes digital technology to increase political participation, organize social movements, and promote citizen diplomacy. They are active in advocating global issues such as climate change, human rights, and gender equality, as well as encouraging sustainable business practices. The main findings of this research show that Generation Z in Indonesia is able to mobilize support and influence public policy through social media. Concrete examples include the #VoiceForClimate movement and protests against the Job Creation Law, which demonstrate their power in influencing public opinion and policy. In addition, their involvement in the digital economy and technological innovation creates new dynamics in the global economy, strengthening Indonesia's position on the international stage. The impact of this research confirms that Generation Z is a significant agent of change, bringing hope and inspiration for Indonesia's future. With an innovative, critical and progressive spirit, they are reshaping the national and global geopolitical landscape, ensuring their voices and values ​​are an integral part of the policy-making process.

THE INFLUENCE OF THE JOB COPYRIGHT LAW ON THE WELFARE AND RIGHTS OF WORKERS IN INDONESIA

In the context of labor regulation reform in Indonesia, the Job Creation Law emerged as a government effort to increase economic efficiency and industrial competitiveness, but received mixed responses regarding its impact on workers' welfare and rights. This research aims to critically analyze and evaluate the real influence of the implementation of the Job Creation Law on working conditions, welfare and protection of workers' rights in Indonesia. The purpose of writing this journal is to evaluate in depth the impact of the Job Creation Law on the welfare and fulfillment of workers' rights in Indonesia in the context of changing labor laws. This research method uses a descriptive qualitative approach, by collecting data through in-depth interviews, document studies, and comparative analysis of similar cases in other countries, to assess the impact of the Job Creation Law on the welfare and rights of workers in Indonesia. The main results of this research show that the Job Creation Law brought about significant changes in labor regulations in Indonesia, but its impact on workers' welfare and rights tends to vary, with some aspects seeing improvements in efficiency and flexibility, while other aspects raise concerns about worker protection and work standards. In particular, this research identifies an increase in companies' operational flexibility, but also highlights the need to strengthen worker protection mechanisms to ensure a balance between business flexibility and worker well-being. The main conclusion from this research is that the Job Creation Law has had a complex impact on the employment environment in Indonesia, where there has been increased efficiency and flexibility for employers, but has also raised challenges and the need for increased protection for workers' rights. Therefore, further policy adjustments and developments are needed to ensure a balance between economic growth and worker welfare, as well as the fulfillment of fair and sustainable work standards. effective in making decisions. Writing this journal contributes to providing an objective view and in-depth analysis of the effects of the Job Creation Law, which has the potential to guide policy makers, legal practitioners and industry players in formulating more effective and sustainable strategies to balance economic interests and workers' rights in Indonesia .

Increasing Turnover Rate among Emirati Employees in Private Sector in Ras Al Khaima

Purpose: This study is aiming to examine the factors that contribute to the increasing rate of Emirati employees leaving their jobs in Ras Al Khaima private sector. It will demonstrate how these factors affect employees and result in their decision to leave their jobs. Additionally, which factor has the most impact on their intentions to resign will be identified. Moreover, what Human Resource Management do in response to that issue in order to strengthen their organization's position in the business market. According to the findings, this paper will attempt to introduce and propose some recommendations on how Human Resource Management can attract Emirati people to work in Ras Al Khaima private sector. Methodology: To handle this problem, the research will depend on the based-literature review methodology. The study relied on literature review to infer the factors that contribute to the increasing turnover rate among Emirati employees in Ras Al Khaima private sector. A comprehensive review of relevant academic and empirical literature was conducted to find out these factors. Findings: The main finding of the study is the positive relationship between job satisfaction and salary, rewards, benefits & compensation, as well as flexible work practices and career development opportunities. Job satisfaction decreases the employee intention to quit their jobs. Additionally, shorter working hours which is needed to achieve work-life balance is related positively to employee retention and decreases turnover rate among employees. The paper also concluded that organizational support, fairness perception, and work-family culture are critical variables in employee retention. Unique Contribution to Theory, Practice and Policy: The study will provide new insights that would incorporate different views on employee turnover relevant to the Emirati context particularly in the private sector of Ras Al Khaimah. It will offer some recommendations that will enable policymakers to develop measures that can help reduce turnover rates among Emirati employees. It will also help in improving the HR practices according to the awareness of the socio-cultural and economic characteristics that affect the Emirati workers. Additionally, the policy recommendations may inform the creation of laws and measures that could enhance the employment status and satisfaction of Emirati employees in the private sector. The paper recommends creating strategic Emiratization initiatives, enhancing work environment through focusing on cultural values, engaging HR managers in setting UAE-specific HRM models that account for cultural and organizational peculiarities.

Land tenure conflicts in forest areas: obstacles to rejuvenation of small-scale oil palm plantations in Indonesia

Purpose This study aims to investigate the problems small-scale oil palm plantations in Indonesia’s forest areas face and the government policies addressing them. Design/methodology/approach Survey and data collection were used to determine the socioeconomic, environmental, legal and governance problems related to the development of smallholder plantations. Information was obtained from the respondents via a rapid rural appraisal approach. Findings The potential land for potential participants in the community oil palm rejuvenation programme is a forest area of 1,628,749.60 ha. Owing to its legal dimensions and unsustainable land management, the rejuvenation regulatory programme has not reached independent farmers. Research limitations/implications The use of plantation space beyond its designation hinders the government’s goal of accelerating the rejuvenation programme. The problems regarding the accumulation of forest area result in low achievement of the annual rejuvenation target in Riau Province (21%–25%). The authors present solutions to resolve land ownership conflicts and implement strategic policies to ensure the sustainable development of such plantations. Originality/value The authors introduce a conflict–resolution model for small-scale smallholder oil palm plantations to resolve the problems of forest area claims unaddressed in the Indonesian Job Creation Law. Land conflict resolution is categorised into five typologies: oil palm plantations with business permits; those without a forestry permit and subject to administrative sanctions; business activities in forest areas without forestry permits; resolving non-conformities in the progress of land or management controlled and used in forest areas prior to their designation by removing land parcels through modifying the forest area boundaries; and the settlement for farmers without cultivation registration certificates but have established plantations and whose land tenure can be proven.

Critical analysis of the law-making paradigm of the Constitutional Court of the Russian Federation

The constitutional control of the Constitutional Court of the Russian Federation is aimed, to a certain extent, at creating (temporary) legal norms. Law-making in itself is not the basis for the activity of the Constitutional Court of the Russian Federation, however, at the same time it is hardly possible not to recognize the existence of a special function for the creation of law for the Constitutional Court of the Russian Federation. This function of constitutional justice is implemented in practice through the prism of constitutional control. At the same time, approaches to determining the powers and functions of the Constitutional Court of the Russian Federation on this issue differ significantly from each other. Based on this, the subject of the study is the decisions and legal positions of the Constitutional Court of the Russian Federation, which have an impact on the Russian legal order. The research methods used are logical, comparative legal, formal legal, hermeneutic and empirical methods of cognition. The discussion on the role and significance of the law-making function of the Constitutional Court of the Russian Federation is far from over, and assessments of such activities of the Constitutional Court of the Russian Federation vary from radical to conservative. The author concludes that the law-making function of the Constitutional Court of the Russian Federation is a secondary function of the Russian judicial review body, it is not the necessary role of the Constitutional Court of the Russian Federation. At the same time, the processes of constitutionalization and, in particular, the creation of temporary legal norm by the Constitutional Court of the Russian Federation affect the Russian legal system.

Reconstruction of the 1945 Constitution for strengthening the legal framework of Indonesia Environmental Law

The Anthropocene era was marked by a decline in the quality of the environment including being influenced by the law itself, for example the Job Creation Law was considered to have a negative impact on efforts to protect the environment. This research will analyze the development of legal instruments and the role of the Constitutional Court in environmental protection. This research will be conducted by studying legal literature. The urgency of changing the environmental law political paradigm (green policy) in Indonesia based on the ecocentrism paradigm will provide stronger environmental law political guidelines. Efforts to strengthen the paradigm of environmental protection are carried out by reconstructing the 1945 Constitution of the Republic of Indonesia by granting rights to the environment and setting state obligations. There is a role for the Constitutional Court through Decision Number 32/PUU-VII/2010 and Number 18/PUU-XII/2014 by providing guidelines for the development of more comprehensive environmental law.

Implication of Individual Company in the Scope of Business Law

The progress and improvement of national development in general and the development of economic activities in particular which has led to the development of the business world and companies, a company requires company legality which is an official source of information for all interested parties regarding the identity and matters concerning the business world and companies established, working and domiciled in the territory of the Republic of Indonesia. With the implementation of Individual PTs based on MSEs, it is a legal and economic development that goes hand in hand and the government in an effort to accelerate this economic growth by implementing the Job Creation Law which in fact follows the development of the digitalisation era. The research method used is the Normative Juridical approach method. The strategy carried out by the government to realise it all is to take a role in economic development by strengthening infrastructure in the form of laws and regulations and implementation. The Job Creation Law No. 11/2020, as many as 49 Implementing Regulations in 2021, is not only a form of competitiveness for foreign investment, but also strengthening for domestic investment including small, micro and medium economies by regulating the formation of individual legal entities.

“Education is a business” : Lexical cohesion of the public opinions in response to the Indonesian Job Creation Law

“Education is a business” : Lexical cohesion of the public opinions in response to the Indonesian Job Creation Law

LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.

The Existence of Individual Companies As Legal Entities In Micro and Small Enterprises In Indonesia: A Review of The Problems of The Alter Ego Doctrine

The enactment of the Job Creation Law affects the provisions of Limited Liability Companies. The mechanism for establishing an Individual Company which is explained implicitly in the Company Law and the Job Creation Law raises issues related to the process of organ responsibility in an Individual Company which states that directors can concurrently hold positions as shareholders and vice versa. One of the problems of the presence of Individual Companies in MSEs in Indonesia is the birth of Alter Ego conditions. The solution to limit the unlimited liability of corporate organs is that the government needs to strengthen and reinforce the doctrine of Piercing the Corporate Veil for Individual Companies and provide legal certainty regarding the regulation of corporate organs in the Company Law and Government Regulation No. 8 of 2021. This article examines the existence of individual companies in the context of micro and small businesses in Indonesia. The focus of the analysis lies on the concept of the alter ego doctrine which often becomes a problem in business practice. This research utilizes a document analysis approach and literature study to explore the legal and practical implications of the alter ego doctrine on individual companies in Indonesia. The analysis shows that the alter ego doctrine has a significant impact on the personal liability of micro and small business owners. The implications of these findings are discussed in the context of business regulation and legal protection for micro and small business owners in Indonesia.

The Principle of Fiduciary Duty in Single-Member Limited Liability Company

Limited Liability Company in Indonesia has a conceptual expansion since the Job Creation Law has enacted. There are two types of Limited Liability Company currently, capital partnership limited liability company and single-member limited liability company. One of the most significant changes to the concept of limited liability company is related to its organs. Single-member limited liability company consists of director who also serve as shareholder. The expansion concept raises questions regarding the application of fiduciary duty to single-member limited liability company. This research uses conceptual and statute approach. The conclusion from this research is that in single-member limited liability company, there is only director who also become shareholder, thus there is no supervisory function by the board of commissioner. Secondly, the director in single-member limited liability company still has the obligation to carry out the responsibilities with the principle of fiduciary duty.

The Effect of Job Creation Law Regulation on Mining Business: Economic Impact Analysis on the Mining Industry

This study provides important insights into the impact of Labor Law Regulation on the mining industry, with a focus on PT. Vale Indonesia. By applying simple linear regression analysis to the company’s financial and operational data from 2019 to 2022, the research evaluates the effects of the Labor Law Regulation both before and after its implementation. The study aims to determine how the regulation influences the financial and operational performance of PT. Vale Indonesia. The Labor Law Regulation, as the independent variable, assesses the effectiveness of government policies in supporting the mining sector. Financial performance, the dependent variable, is measured through indicators such as economic impact and perception. The analysis reveals a significant improvement in PT. Vale Indonesia’s financial outcomes post-regulation, suggesting enhanced operational efficiency and capital investment. However, the study also notes the need for further investigation into the social impact on surrounding communities. Overall, the research concludes that the Labor Law Regulation has a positive and statistically significant effect on the mining business, indicating strong government policy support, with a high predictive power.

Policy Model in the Field of Environmental Protection and Management To implement the Job Creation Law

The implementation of the Job Creation Law in Indonesia has sparked discussions on how to integrate environmental protection and management policies effectively within its framework. This article explores the development of a comprehensive policy model to address this challenge. Drawing on theoretical frameworks and empirical research, the study examines key components such as stakeholder engagement, adaptive management strategies, integration of scientific data, and robust monitoring and evaluation mechanisms. Through stakeholder engagement, policymakers can ensure that environmental policies reflect diverse perspectives and priorities, fostering legitimacy and support. Adaptive management strategies enable policymakers to respond dynamically to changing circumstances, enhancing policy effectiveness and resilience. The integration of scientific data provides evidence-based insights into environmental trends and impacts, informing policy decisions and implementation. Additionally, robust monitoring and evaluation mechanisms enable policymakers to track progress, identify gaps, and refine policy approaches. By synthesizing these components, the policy model offers a holistic approach to integrating environmental protection within the Job Creation Law, balancing economic development with environmental sustainability. The findings contribute to discussions on policy integration and sustainable development in Indonesia.

Determinants of Micro and Small Business Actors on the Motivation to Register for Free Halal Certification in Bondowoso Regency

Introduction: Government regulations on halal products, especially in the 2021 Job Creation Law, have been stipulated in the Halal Product Guarantee Law, this is an important factor for producers in the business sector related to halal products, especially since there is a free halal certification program. Objectives: The purpose of this study is to measure the motivation of micro and small business actors in Bondowoso Regency towards registering for free halal certification. Method: This study uses a quantitative approach with multiple linear regression analysis which aims to test the correlation of the variables of Government Regulation (X1), Halal Lifestyle (X2), Perceived Benefits of Halal Certification (X3), Business Competitiveness (X4), Product Safety and Hygiene (X5), to Motivation for Free Halal Certification Registration (Y1). Results: The results showed that government regulations, halal lifestyle, and product safety and hygiene had no significant partial effect on the motivation to register for free halal certification. Meanwhile, the perceived benefits of halal certification and business competitiveness have a partially significant effect on the motivation to register for free halal certification. However, these 5 variables simultaneously affect the motivation to register for free halal certification so it is worthy of being a construct of this study. Implications: The research will provide an overview of the relevant approaches that must be taken to attract micro and small business actors to register for free halal certification.

The Importance of The Role of The Community in Amdal For The Goal of Environmentally Sound Sustainable Development

The State of Indonesia could be a nation that, in its improvement, puts forward the concept of good and solid natural perspectives recorded within the Structure Article 28H passage (1) and Article 33 passage (4) of the 1945 Structure. In this manner, Indonesia's natural administration and protection concept must have a Allow. Amdal. One of the things within the Work Creation Law No. 11 of 2020 that raises a problem is the expulsion of the article with respect to the commitment for an Natural Allow; within the Work Creation Law, Natural Grants are not entirely directed. In any case, to get a business allow, the candidate must get a choice with respect to natural feasibility. The substance of the Natural Allow contained within the UUPPLH has been changed to gotten to be an natural assention within the Work Creation Law. The issues contained in this article examine natural things contained within the Work Creation Law, look at issues of natural authorizing related to human rights, and give recommendations for advancements with respect to the environment within the Work Creation Law based on MK Choice No. 91/PUU-XVIII/2020, with the comes about of the trial uncovering the truth that the arrangement of the Work Creation Law did not give space for open cooperation. Indeed in spite of the fact that the Work Creation Law remains conditionally valid, if within 2 a long time the Work Creation Law does not make enhancements, the Work Creation Law will be declared unconstitutional. So, the modification of the Work Creation Law after the Sacred Court's choice with respect to the environment must organize human rights and maintainable improvement that's ecologically sound, especially by obliging environmental permit obligations in the form of an Amdal.

Environmental Justice Education in Nepal: Policies and Practices

Environmental justice is fundamental to education and policy, ensuring clean environments and sustainable development. The curriculum and constitution of Nepal focus on this, addressing global gaps and encouraging comprehensive wellbeing measures for educational resilience. This paper analyzes how environmental justice is reflected through equitable treatment and meaningful participation of all people in the creation, implementation, and enforcement of environmental laws, regardless of their race, culture, education, and socioeconomic status. To analyze how environmental justice has been enforced in educational policies, interviews were conducted with five policymakers who have long experience in policymaking in the educational sector. The findings revealed that indigenous knowledge, cultural thought, and belief in environmental justice areas were considered major issues in education policies and practices. This study emphasizes the interconnectedness of local and global environmental issues and the need to bridge the gap. The integration of environmental justice in the national curriculum framework highlights the role of local expertise, indigenous knowledge, and practical application. The study recognizes the significance of environmental consciousness, sustainable development, and equal access to education. This study acknowledges constitutional provisions in Nepal supporting environmentally friendly and sustainable development. It emphasizes the importance of environmental education, equitable treatment, and compensation for environmental injustices to safeguard the environment for future generations.

Wage Regulation of Outsourced Workers After the Omnibus Law of the Labor Cluster Based on Wage Theory

This research investigates the effects of the enactment of the Job Creation Law (Law Number 11 of 2020) in Indonesia on labor regulations, specifically focusing on wage regulation for outsourced workers and its implications for human rights. Employing a normative juridical approach, the study examines legal materials such as laws, regulations, court decisions, and expert opinions. Through qualitative analysis techniques, the pre- and post-Job Creation Law regulations concerning outsourced workers' wages are explored. The findings uncover significant changes in wage provisions, including the elimination of sectoral minimum wage regulations and the reduction in types of wages for outsourced workers. Moreover, the research reveals discrepancies between the Job Creation Law and international conventions' indicators of freedom, availability, accessibility, and suitability. Concerns are raised regarding the adequacy of workers' rights protection, accessibility to fair wages, and the inclusivity of vulnerable groups within the legal framework. This study contributes to understanding the Job Creation Law's implications for labor and human rights in Indonesia, highlighting areas where the law may fail to ensure equitable treatment and fair compensation for outsourced workers. Policy recommendations aimed at upholding human rights standards in labor regulations are proposed based on the study's findings.