Creation Of Law Research Articles

Judicial practice as a source of law on issues of participatory democracy

The article is devoted to an objective analysis of judicial practice as a source of law on issues of participatory democracy.
 It is emphasized that the problem of recognizing judicial practice as a source of law has long existed in legal theory and continues to interest legal scholars. Issues of participatory democracy as a subject of consideration by courts at different levels are characterized by insufficient research and the presence of controversial aspects. The resolution of the dispute regarding the recognition of judicial practice as a source of law contributes to the closure of many more general questions of the theory of law in the direction of its modernization and approximation to the requirements of European legal understanding.
 Arguments are given for recognizing judicial practice as a source of law, but it is noted that judicial practice is a secondary, formally optional source of law. A single reference to it is not enough, it must be combined with a reference to the corresponding formally binding source of law (legal act, legal contract, etc.). However, this thesis does not apply to cases where the state directly indicates the binding nature of the conclusions set forth in the relevant judicial acts.
 It is emphasized that, despite the existing features and specifics of judicial practice and judicial precedent, the majority of scientists quite justifiably consider these phenomena as identical and interchangeable, and moreover use the same name «precedent» or use the terms «jurisprudence», «legal position».
 It is emphasized that issues of participatory democracy, due to their widespread distribution and actualization in recent years, have become the subject of consideration by courts of various levels in many countries of the world. Today, a certain judicial practice has been developed on them, which complements the legal component of the concept of participatory democracy. In Ukraine, judicial practice can be attributed to the sources of law in the case of gaps, ambiguities, legal conflicts in normative legal acts. Only under the conditions of recognition of the possibilities of justice’s participation in the creation of law will progress on the path to an effective system of justice, proper provision and protection of human rights, hence the establishment of the principles of participatory democracy, become possible.

KAJIAN YURIDIS PENANAMAN MODAL ASING YANG MEMPEKERJAKAN TENAGA KERJA ASING BERDASARKAN HUKUM KETENAGAKERJAAN DI INDONESIA

This research was carried out with the aim of knowing and analyzing the legal regulations for foreign investment employing foreign workers in Indonesia and the application of the law regarding the use of foreign workers in North Sulawesi. The method used in this research is a normative legal research method which uses a statutory approach to study the legal regulation of foreign workers and an empirical method to determine the application of foreign labor laws.
 The research results show that the regulation of foreign workers in Indonesia is contained in Law No. 13 of 2003 concerning Employment and its derivative regulations and is also contained in the Job Creation Law as regulated in Law No. 6 of 2023. In the Employment Law, provisions for foreign workers are contained in Article 42 to 45. Several provisions regulate that every employer who employs foreign workers is required to have written permission from the Minister or appointed official. Foreign workers can be employed in Indonesia only in an employment relationship for certain positions and certain times. The implementation of the law regarding the use of foreign workers in North Sulawesi is carried out by several agencies, namely those at the center, in this case the Ministry of Manpower, as well as agencies in the regions, namely the Manpower Service and the Immigration Office..

Transformasi Kebijakan Pekerjaan dan Penghidupan Layak: Kajian Literatur tentang Upaya Negara dalam Memenuhi Hak Warga Negara melalui Implementasi Undang-Undang Cipta Kerja

This study aims to examine the Job Creation Law and the concept of Omnibus Law in Indonesia with a focus on harmonization of labor regulations, the process of law formation, and implementation at the regional level as well as legal protection for Micro, Small and Medium Enterprises (MSMEs). The research methods used are juridical normative and descriptive qualitative, with data collection through analysis of legal documents. The results showed weaknesses in harmonization of labor regulations, non-conformity in the process of forming the Job Creation Law with laws and regulations, as well as good governance but needed to overcome obstacles at the regional level. Legal protection for MSME actors in the Job Creation Law shows potential effectiveness, but needs further evaluation. This research recommends review and improvement in the formulation and implementation of regulations to achieve better results and in accordance with strong legal principles in Indonesia.

The legal geographies of Indigenous consultation and conservation law in Chile

ABSTRACT States with colonial legacies invest significant resources to control Indigenous lands. This article examines how state land control operates in the creation of conservation law in Chile. It analyzes Indigenous consultation applied to the Biodiversity and Protected Areas Service (2016–2017) and examines how the state dismissed Indigenous proposals to protect biodiversity. Based on interviews and the analysis of parliamentary reports, and drawing from theories of colonialism, the article argues that the state's neglect worked to lower the risk of land recovery and Indigenous disruption. The findings highlight the role of state environmental institutions in Indigenous dispossession and land grabbing.

Individual Corporations in Indonesia: Fostering Economic Growth and Fairness through Simplified Business Formation

In the pursuit of an organized and conducive business environment, the Indonesian government has ratified the Job Creation Law, introducing a legal concept of Individual Corporations for small and medium-sized entrepreneurs (UMK). This normative study employs a conceptual approach through Economic Analysis of Law, using primary, secondary, and non-legal materials to analyze the implications and orientation of this policy. The research findings suggest that the implementation of Individual Corporations, requiring only one founder or shareholder for establishment, leads to ease in creation and expansion of micro-small businesses, potentially impacting the ease of doing business index positively. This policy also fosters a proportionately growing, fair national economic structure, and is expected to enhance employment opportunities. The introduction of Individual Corporations represents a significant change in Indonesia's corporate law, aligning with national goals to improve investment conditions.Highlights:
 
 Introduction of Individual Corporations requiring only one founder simplifies business formation.
 Positive impact on the ease of doing business index and alignment with national investment goals.
 Fosterment of a proportionate, growing, and fair economic structure, enhancing employment opportunities.
 
 Keywords: Individual Corporations, Economic Growth, Small Entrepreneurs, Business Formation

Indonesian Migrant Workers After Job Creation Law: A Challenging Problem for Protection Welfare

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Job Creation Law has severely impacted the protection of foreign workers with changes to the Company Permit for Placement of Indonesian Migrant Workers (SIP3MI). This research aims to analyze changes to SIP3MI and its impact on the licensing mechanism for Indonesian migrant workers, which is related to the implementation of supervision of migrant workers as a juridical-administrative consequence of SIP3MI issuance. The research methodology used in this paper is a normative legal research method with a statue approach and conceptualization of legal protection, licensing, supervision, labour, and social justice to realize the protection of migrant workers when contracting and completing contracts. This research indicates an urgency for the government to protect migrant workers, seeing the increase in the number of migrant workers and complaints. The SIP3MI regulation, degrades the concept of protecting Indonesian migrant workers. The change in providing SIP3MI information from the relevant Ministry to the authority of the Central Government and being equated with Business Licensing thus changes the mechanism for issuing permits, which could severely impact the implementation of supervision and protection of Indonesian migrant workers. Therefore, the protection of migrant workers is no better than before the publication of the Omnibus Law. Legal certainty is needed to provide protection. Equating SIP3MI with business licensing is quite controversial and has the potential to create legal protection for migrant workers who are increasingly being pushed into a corner.</p></td></tr></tbody></table></div>

Implementation of the Job Creation Law on the Supervisory Function of Foreign Workers by the Manpower and Transmigration Service

The phenomenon of the high number of foreign workers (TKA), which is increasing every year in Indonesia, especially in the Central Sulawesi region, of course, means that the supervisory function carried out by the Central Sulawesi Province Manpower and Transmigration Service will be increasingly strict. However, since the existence of the Job Creation Law, employment agencies have changed the supervisory function of TKA. The research aims to analyze the role of the employment service in carrying out the supervisory function of foreign workers entering the Central Sulawesi region after the existence of the Job Creation Law. The research method used in this research is Normative Juridical research, which will examine the role of the employment department's supervisory function from changed aspects of the Job Creation Law. To examine how the law should apply. where based on cases in the field, researchs try to analyze facts and also applicable legislation. The research results show that the supervisory function of the Manpower Service after the existence of the Job Creation Law still provides a mandate similar to the Manpower Law. However, in its implementation, as an institution appointed by the state that has the task and function of issuing IMTA (Permits to Employ Foreign Workers), it has now been revoked by the Job Creation Law. The regulations regarding foreign workers after enacting the Job Creation Law underwent significant changes.
 Keywords: Employment Service; Supervisory Function; Job Creation Law

Methodological directions of Latin American legal science

The methodology of legal science in Latin America has common features with the global trends in the development of the methodology of legal research; at the same time, there are features of the development of legal thought and legal understanding that have a cultural and historical nature. The purpose of the study is to consider certain areas of the methodology of Latin American legal science. Philosophical and legal thought in Latin America develops within the framework of jusnaturalism and positivism and various variants of these theories. Latin American legal science is characterized by an appeal to customary Indian law, and its elements are included in the current legal systems of Latin American countries (legal pluralism). In the focus of the Latin American legal doctrine, law appears as a social phenomenon, a cultural phenomenon and part of social philosophy. The development of information technologies, their introduction into lawmaking and legal proceedings, the creation of machine-readable law raises the question of further ways of developing law and legal thought in two areas - technical improvement and traditional reflection on social processes in the humanitarian science.

Legal Protection for Persons with Disabilities Due to Work Accidents After the Job Creation Law

The legislative controversy over the Job Creation Law and its dynamics reached Law no. 6/2023 produces problematic norms. One of the problematic norms in the Employment cluster is Article 154A paragraph (1) letter m of the Law No. 6/2023 which regulates termination of employment if a worker experiences prolonged illness or disability due to a work accident. This article aims to review the conflict between these norms and other norms as well as legal protection measures for workers with disabilities due to work accidents. The research method used is normative legal research with a statutory and conceptual approach. The research results found that Article 154A paragraph (1) letter m of the Law No. 6/2023 conflicts or is disharmonious internally, horizontally and vertically with other regulations, such as the Employment Law (Law No. 13/2003), the Law on Persons with Disabilities (Law No. 8/2016), to the Indonesia Constitution 1945. The legal protection that can be carried out is first by making existing changes to the norms a quo and more repressive protection will probably be carried out because this regulation has come into effect, such as assistance, advocacy and providing free legal aid to workers with disabilities resulting from work accidents who have had their employment terminated.

PENGARUH UNDANG-UNDANG CIPTA KERJA DALAM MENGATASI PENGANGGURAN DI INDONESIA

This research aims to determine the influence of the Job Creation Law in overcoming unemployment in Indonesia, namely. This research is normative research using conceptual studies (conceptual approach) and statutory studies (statute approach). The Job Creation Law was formulated to realize the goal of establishing the Indonesian Government and realizing a prosperous, just and prosperous Indonesian society based on Pancasila and the 1945 Constitution. The State needs to make various efforts to fulfill citizens' rights to work and a decent living for humanity through create work. Job creation is expected to be able to absorb as wide a workforce as possible in Indonesia amidst increasingly competitive competition and the demands of economic globalization as well as global economic challenges and crises which can cause disruption to the national economy.

DIGITAL TECHNOLOGY MEDIATES BUSINESS STRATEGIES AND JOB CREATION LAW TO MSME PERFORMANCE IN THE CULINARY SECTOR

The purpose of this study is to determine the direct and indirect influence on the business strategy variables and the Job Creation Law variable on the MSMEs Performance in the culinary sector which is mediated by the Digital Technology variable. The research method used is a quantitative method using the SmartPLS 3.2.8 program in analyzing the data, so that it can identify the relationship between variables. The research population is MSMEs in the culinary sector in Prajurit Kulon sub-district. By using the Slovin formula, a sample result of 83 was obtained. The data collection techniques used were observation, interviews and questionnaires. Data analysis was carried out using outer model test, innerl model test, and hypothesis test.The results of the study are suspected to have a direct influence on the variables of business strategy and the Job Creation Law on the Performance of MSMEs in the Culinary Sector mediated by digital technology. This research is expected to help improve the performance of MSMEs in the culinary sector in the Prajurit Kulon district, Mojokerto City, and can be a reference and study for research on digital technology that mediates business strategies and the Job Creation Law on MSME performance.

Perlindungan Hukum Pekerja Perjanjian Kerja Waktu Tertentu Pada PT. Wonokoyo Jaya Corp

Problems regarding the rights of workers/labourers who work in a company are still not fully fulfilled, especially for workers with a certain time work agreement system (PKWT). Therefore, the government issued implementing regulations for the Omnibus Law on the Job Creation Law, namely PP No. 35 of 2021 concerning PKWT, outsourcing, working time, work relations and rest time, and termination of employment (PHK) as an effort to realize the welfare of workers. However, in practice, there are still many companies that have not fully fulfilled their workers' rights. Based on this background, a study was compiled entitled "Legal Protection of Work Agreement Workers for a Certain Time at PT. Wonokoyo Jaya Corp.” the research method used by the author is empirical normative with data collection techniques using structured interviews with the personnel of PT Wonokoyo Jaya Corp. The results of the study show that the implementation of workers' rights has not been fully fulfilled, namely in the provision of compensation money given to PKWT workers after the contract is completed. Therefore, the government should tighten supervision over companies that have not implemented new policies for the sake of realizing worker welfare and workers must also understand the applicable policies so that companies cannot be deceived and companies provide socialisation to the community.

DARK PATTERNS: SERIA MESMO DISTRAÇÃO, OU O DESIGN FOI PENSADO PARA LUDIBRIAR?

This article intends to discourse about Dark Patterns, the term created by Harry Brignull about ways that web designers use to induce the users of a certain site or service to accept, subscribe or purchase undesirable products/services or to hide the agreement of sharing, collecting personal information without clearly informing the user how their information will be used. Finally, informative research will highlight three practices that motivated the rules that were incorporated into the general protection data from the Europe Union and afterward were used as a model for the creation of the Brazilian general data protection law.

Safety and Security of the Environment for Flat Dwellers on the Granting of Building Rights Title (HGB) on Management Rights (HPL) for 80 Years

The development of high-rise apartment buildings is an alternative solution to meet the housing and settlement needs. After the enactment of the Job Creation Law (UUCK), the Government issued Regulation No. 18 of 2021 concerning Management Rights, Land Rights, High-rise Apartment Units, and Land Registration. In this regulation, the period of Building Use Rights (HGB) over Management Rights (HPL) can be granted for 80 (eighty) years for the construction of high-rise apartments. This study was conducted to determine whether granting HGB over HPL for 80 (eighty) years is appropriate to be implemented and whether it potentially threatens the safety and environmental security of the high-rise apartment residents. The study results show that based on the prevailing regulations, granting HGB over HPL for 80 (eighty) years is appropriate because there is periodic inspection of the feasibility of the function every 5 (five) years as a requirement for certificate of feasibility of function (SLF) extension. However, in terms of building reliability, granting HGB over HPL for high-rise apartments for 80 (eighty) years still potentially poses a threat to the safety and environmental security of the residents because the building's capability will decrease in strength that affects the building's reliability. Another risk arises because the sanctions given for the negligence of periodic inspections on the building's reliability in the process of extending SLF are only in the form of administrative sanctions, so more severe sanctions such as criminal sanctions need to be imposed on violators.

Custodial Challenges: Islamic and Pakistani Law in Child Custody Matters

This article explores the intricate issues of child custody disputes in Islamic and Pakistani law, emphasizing the deficiencies of the existing legal procedures and the resulting difficulties experienced by both children and parents. Courts persist in relying on antiquated statutes, despite the Guardians & Wards Act, of 1890, resulting in protracted legal disputes and emotional distress for all parties concerned. The absence of a comprehensive legal structure that specifically addresses the child's best interests worsens the problem, leading to conflicting rulings and extended distress. The paper advocates for immediate reforms, proposing a comprehensive legal framework that prioritizes the kid's well-being and simplifies custody procedures. The author advocates for revisions to current legislation or the creation of a new law to fill the gaps and promptly resolve custody disputes. This would help minimize the negative impact on children's psychological well-being and family connections. The failure to implement these reforms merely extends the duration of the distress experienced by children entangled in custody disputes, emphasizing the pressing necessity for legislative measures to safeguard their rights and welfare.

Delik Samen Leven Dalam KUHP Baru Perspektif Fikih

The creation of the law on the offense of the samen leven (cohabitation) in the new Criminal Code has reaped the pros and cons of society. Some support it, while others reject it on the grounds that the government is taking too much care of its citizens' privacy rights. Through this writing, the author wishes to analyze the creation of cohabitation offense laws from an Islamic perspective using a tool called fiqh. The research method used in this study was library research. The primary arguments in formulating Islamic views through this research are (1) Al-Qur'an, (2) Al-Hadith, (3) rules of jurisprudence and (4) at-turāṡ (yellow book). These primary postulates were then managed using a tafsīr (interpretation) approach to formulate the final conclusion. As a result of this research, the author found that from an Islamic perspective, the adoption of cohabitation as a law is in line with Islamic norms. However, jurisprudence does not necessarily agree with the content of articles of the law on cohabitation. Some articles are not in accordance with Islamic values. Therefore, in this case, the governent has an obligation to improve the content of the Samen Leven (cohabitation) Law.

The Normativity of Limited Company Under Job Creation Law Regime: A Critical Legal Studies Perspective

Introduction: The concept of a limited liability company based on Law Number 11 of 2020 concerning Job Creation (UU Cipta Kerja) through Government Regulation in Lieu of Law Number 2022 concerning Job Creation (Perppu Cipta Kerja) after being declared conditionally unconstitutional by the Constitutional Court, has now found its foundation again.Purposes of the Research: This article examines the normativity of limited liability companies after the Perppu Cipta Kerja in two focuses. First, it relates to the legal ratio for the establishment of an individual company, and second, the normativity of an individual company from the perspective of Critical Legal Studies.Methods of the Research: This paper uses a normative juridical approachResults of the Research: Based on the type of normative research supported by conceptual, statutory, and philosophical approaches, this article concludes two: First, the legal ratio for the establishment of individual companies in the Perppu Cipgta Kerja is the government's great desire to provide convenience for MSEs in doing business and creating jobs. Second, based on the analysis of trashing, deconstruction, and genealogy, individual companies in the Perppu Cipta Kerja are still full of liberal individualism with a capitalist economic system style.

Reformulation of Public Participation in Fast- Track Legislation in an Open Cumulative National Legislative Program

One of the factors contributing to the suboptimal implementation of “meaningful participation” is the exploitation of legal loopholes to expedite the creation of open cumulative draft laws (RUU). This issue is further complicated by Constitutional Court Decision Number 90/PUU XVIII/2020, which states that the formation of open cumulative draft laws does not necessitate general public participation, thereby posing a distinct challenge. In the context of this matter, by employing a normative legal research method, the author examines the urgency of public participation in the development of open cumulative draft laws through a “fast track” legislative process. The study’s results cover three main topics: (1) the mechanism of open cumulative draft law design and its relationship to “fast track” legislation; (2) the legal implications stemming from the Constitutional Court’s considerations regarding public participation in the creation of open cumulative draft laws; (3) the essence of integrating public participation into open cumulative draft laws using the “fast track” legislative method.

THEORETICAL AND LEGAL FOUNDATIONS OF LEGAL CREATIVITY

The theoretical and legal foundations of law creation and the issues of improving its activity and ensuring the strict execution of legal documents are considered in the article. Also, the concept, essence and opinions of the famous foreign and local scholars of jurisprudence are discussed.

Ecotourism Management of Green Leaves of Mangroves Perspective of Maqāṣid al-Sharī'ah Yusuf al-Qardawi

Insufficient public awareness and comprehension of coastal natural resource management limited public education, community characteristics, and economic pressures frequently lead to coastal communities causing harm to the coastal environment. The utilization of coastal resources can be achieved through the implementation of coastal tourism. Ecotourism is a novel form of alternative tourism that has emerged as a response to the traditional model of tourism. This traditional model often exploits natural resources without considering their long-term sustainability and disregards the well-being of local populations. This study employs a qualitative research methodology that utilizes a descriptive approach, drawing upon both primary and secondary data sources. This study demonstrates a correlation between the environment and religion. Ecotourism management must adhere to Islamic principles. Maqāṣid al-syarī'ah represents the fundamental principles of Islamic teachings that guide the creation of laws with a focus on the welfare and advantage of humanity. Conducting economic activities must align with the maqāṣid al-syarī'ah, which are the objectives of Islamic law, aimed at preserving al-mabadi al-khamsah, the five essential principles. The name of the place is "Green Leaf Mangrove". Ecotourism Management encompasses initiatives focused on the preservation of mangroves, coral reefs, and turtles, as well as activities promoting conservation education, beach cleaning, and garbage processing. These programs are designed to align with the concepts of maqāṣid al-syariah, ensuring environmental management in accordance with Islamic values.