Indonesian Legislation Research Articles

BURUH TANI DALAM HUKUM POSITIF INDONESIA:

Farm labor or peasant is an urgent component in agriculture, farm and animal husbandry or aquaculture. Farm workers or peasants also have unique and different characteristics compared to industrial workers, especially in terms of form and rhythm of work. However, farm workers do not get specific protection in positive law in Indonesia. This article explores the legislation in Indonesia to see the position of farm workers in positive law. The search results, supported by the elaboration of historical facts, show that agricultural laborers in Indonesia do not have a specific legal protection. Meanwhile, the facts of current agricultural developments show that farm workers increasingly need this protection in line with the tendency of agricultural globalization.

Fair remuneration of workers in micro and small enterprises in Job Creation Act

Labor Protection is the ideal and purpose of the existence of labor law to provide legal protection in the omnibus law (Job Creation Act), which accommodates the interests of workers but also accommodates the ease of doing business in micro and small firms in the form of wages as seen in Article 90 B. the existing problems regarding the legal ratio of labor law in Indonesia based on the Job Creation Act and what are the forms of legal protection for workers in micro and small businesses based on the legislation?, the purpose of this study is to find out and analyze the ratio of labor law legislation in Indonesia. Indonesia is based on the Job Creation Act to find and explore forms of legal protection for workers in micro and small businesses. At the same time, the benefits of this research are divided into two, namely, theoretically, to provide a legal ratio to the wages of micro-enterprise workers. And small, while in practice, it is to provide legal protection for workers in Micro and Small businesses. The employment agreement is also a form of agreement regulated in the Manpower Act and the Law on Job Creation as an alternative to protecting workers' rights with the principle of proportionality which aims to increase workers’ bargaining power.How to cite item: Pranowo, P., Tanudjaja. Octarina NF., (2022). Fair remuneration of workers in micro and small enterprises in Job Creation Act. Jurnal Cakrawala Hukum, 13(2). 175-183. doi:10.26905/idjch.v13i2.5625.

URGENSI REFORMASI UNDANG-UNDANG TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN SEBAGAI DAMPAK PENERAPAN KONSEP OMNIBUS LAW DI INDONESIA

The purpose of this study is to identify and analyze the need for regulatory reform regarding the formation of laws and regulations to organize legislation in Indonesia and what effect the Omnibus Law method has in the formation of laws and regulations in Indonesia. The method used in this study is normative juridical, with data collection carried out by analyzing data obtained in laws and regulations, books, journals, research results, observation methods, and interview methods. This study concludes that Law Number 12 of 2011 concerning the Establishment of Legislation and its amendments has not accommodated the legislation drafting technique using the Omnibus Law method. The opportunities for further use of the Omnibus Law method are First, with the adoption of the Omnibus Law in the formation of legislation through Law Number 11 of 2020 concerning Job Creation, the government needs to follow up by reforming the Law on the Establishment of legislation. Second, the government needs to examine the implementation of the laws formed using the Omnibus Law method.

PEMBENTUKAN PERSEKUTUAN PERDATA NOTARIS TERHADAP PELAKSANAAN JABATAN NOTARIS DALAM PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA

The aims of this research are (1). To find out and analyze the arrangements for the establishment of a civil partnership for a Notary (2). To find out and analyze the legal consequences of the establishment of a notary civil partnership on the implementation of the notary position in the perspective of legislation in Indonesia. The legal issue in this thesis is the existence of a conflict of norms due to the absence of special regulations governing notary civil partnerships. The problems that will be investigated in this thesis are (1). What are the arrangements for establishing a civil partnership for a Notary? (2). What are the legal consequences of the establishment of a notary civil partnership on the implementation of the position of a notary in the perspective of legislation in Indonesia? The research methodology used is a normative juridical research method with a statutory approach, a conceptual approach, and a historical approach that discusses primary, secondary and tertiary legal materials as well as legal material analysis techniques with an inventory, systemization and interpretation of all relevant laws and regulations and materials. - legal materials so that they get correct and valid answers to a research. The results of this study are Article 16 paragraph (1) letter f which discusses the confidentiality of the deed made by a Notary, where there is a vagueness of norms with Article 20 paragraph (1). The existence of an agreement between notaries in a Notary civil partnership regarding whom the client will appear does not conflict with honesty, impartiality, independence, keeping secrets and prioritizing the interests of the client as a related party.

The Relevance Of Omnibus Law To The Harmonization Of Legislation In Indonesia

The problem of overlapping laws and regulations in Indonesia has become a classic unresolved issue. The emergence of the Omnibus Law as a new method of drafting legislation in Indonesia is expected to be able to resolve these problems. However, the Constitutional Court (MK) has decided that the Job Creation Act which has been drafted using the Omnibus Law method is conditionally unconstitutional. This study aims to examine in depth the relevance of the Omnibus Law method to the harmonization of legislation in Indonesia and its relation to the Constitutional Court's decision on conditionally unconstitutional. The research method used in this research is normative juridical using secondary data. Based on the results of the study, it is known that the relevance of the Omnibus Law method to the harmonization of laws and regulations in Indonesia is the Omnibus Law method, which offers regulatory reforms that overlap each other even though Law No. 15 of 2019 has not included this concept but harmonization of laws and regulations needs to be done. to resolve conflicting laws and regulations. This method is expected to be able to solve the problems of effective and efficient laws and regulations. It is also necessary to provide a legal basis regarding the Omnibus Law so that these regulations run well and do not cause problems in law enforcement in Indonesia.

Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia

The solution household crisis provided by the wife and accepted by the husband is known as a khulu' in Islamic law. This study examines the legal protection for a wife if the surrender of khulu' is determined and investigated. As well as the relationship between the provisions and the concept of khulu' with the position of women in marriage law which is sourced from the Compilation of Islamic Law related to Marriage Law.. It was decided to apply the research method of normative juridical research in conjunction with a statutory approach. The findings of this study indicate surrender of khulu' to the husband to divorce himself from the marriage bond is accompanied by the payment of 'iwadh', namely the payment of money or goods to the husband from the wife's side as a reward, divorce as a form of legal protection for the wife. The text states that 'iwadh is a system of legal protection given by the state to the wife who proposes khulu'.Â

Controversy of Presidential Decrees in a State of Emergency in Indonesia: Case Study of The Decrees of President Soekarno And President Abdurrahman Wahid

The debate of the decrees of President Soekarno and President Abdurrahman Wahid regarding the constitutional and unconstitutional presidential decree in emergency constitutional law continues to be a controversy that does not end until now because it is still being discussed related to the situation. This paper discusses 2 (two) phenomenal decrees related to constitutional or unconstitutional in terms of emergency constitutional law. By using normative juridical research methods. The approaches used are the statutory approach, the conceptual approach, and the historical approach. This paper discusses 3 (three) main findings, among others: First, the Presidential Decree is de facto and de jure motivated by no recognition of political action or legal action; Second, the decree is formally regulated in Article 12 and Article 22 of the Constitution of the Republic of Indonesia because in the 1945 Constitution it is regulated that if the country is in a state of danger, the president can make decisions in accordance with the authority regulated by laws and regulations; and Third, The decree can be said to be unconstitutional because it is not in accordance with the Indonesian constitution. The decree is not regulated by Indonesian legislation so that formation is considered unconstitutional because it cannot be based on law. However, in the emergency constitutional law, this situation becomes normal because the emergency constitutional law does not use legislation as usual when the country is in normal condition.

POSITION OF CHILDREN OUT OF MARRIAGE IN PERSPECTIVE OF PROGRESSIVE ISLAMIC LAW

Children born out of marriage are children born from marriages carried out according to their respective religions and beliefs. This understanding shows the existence of marriage, and if it is carried out according to the Islamic religion, then such a marriage is valid in the perspective of Islamic fiqh as long as it meets the requirements and pillars. Regarding to the position of children out of marriage, in 2012, the Constitutional Court issued a decision related to this matter which then raised pros and cons from various parties, both from legal practitioners, academics, the Indonesian Ulema Council, and even the community. Based on it, this research would like to examine more deeply related to the legal position of children out of wedlock in Indonesian legislation in the perspective of Progressive Islamic law. The type of research used is normative-empirical legal research using primary and secondary data, data analysis using qualitative descriptive and drawing conclusion using deductive thinking. The results showed that children out of marriage in the perspective of progressive Islamic law are children out of marriage have a kinship relationship with their father if born at least six months after marriage or within a grace period of four years after the marriage broke up provided it is evident that within four years their mother didn't excrete.

The Implementation of Omnibus Law in Indonesia Law Making Process on Philosophy Review

The omnibus law is a method of law-making in Indonesia that began to be applied when the creation of the Job Creation Act was established. The adaptation of this method is controversial because in addition to aiming to simplify Indonesian regulations, it also violates the provisions of the formation of laws regulated in the law. The implementation of this omnibus law is the focus of research studies that lead to discourses based on schools of legal philosophy, especially the Positivism and Legal Realism schools which lead to contradictory conclusions. In order to answer this question, a juridical literature research will be carried out based on an understanding of the various schools of law based on philosophy, using primary legal materials and secondary legal materials. The results of the study conclude that legal positivism requires omnibus law to be stipulated in law as a method of law formation before it is implemented, so that it can provide legitimacy to its position in Indonesian legislation. Meanwhile, legal realism views that the presence of omnibus law is the will of the community and must be responded to in a responsive manner to overcome the excess regulations that occur in Indonesia and tend to overlap.

The Construction of Religious Freedom in Indonesian Legislation: A Perspective of Maqāṣid Ḥifẓ Al-Dīn

The Indonesian state has legal provisions of religious freedom contained in the constitution and its derivatives legislation. This article aims to discuss religious freedom in Indonesian legislation from the perspective of maqāṣid hifẓ al-dīn. This study is the result of qualitative research using a content analysis approach. From the results of the discussion, it is known that the freedom of religion in Indonesian legislation includes freedoms to choose belief (Belief in One Supreme God), to worship, and to express religion. These provisions are in line with hurriyyah al-'i'tiqād Ibn 'Āsyūr and al-ḥurriyyah fī al-dīn al-Zuhailī regarding freedom of worship but are not in accordance with al-Zuhaili's opinion about freedom of belief, an area of personal choice when one may choose to be religious or not. The contradiction occurs because all Indonesian citizens must believe in One and Only God as the first precept of Pancasila and make six religions as religions recognized by the State as contained in Presidential Decree No. 1/1965 (PNPS Act). Therefore, it is necessary to reconstruct the law and values of religious freedom contained in the PNPS Act, especially in its implementation.

Validity of Electronic Documents as a Tool of Evidence in Divorce Decisions at East Jakarta Religious Court


 
 
 The rapid development and advancement of information technology has led to changes in human life which directly affect the birth of new forms of legal action. Activities through the media of electronic systems, also known as cyberspace. This study aims to determine the validity of divorce through social media (electronic) in divorce cases in the Religious Courts, to analyze the judge's legal considerations on social media evidence in divorce cases in Decision Number 1528/Pdt.G/2017/PAJT and to determine the validity of the divorce. through social media (electronic) in the perspective of Islamic law and legislation in Indonesia. This study uses normative legal research, namely by studying the literature, laws and regulations, and writings that are closely related to the problem under study. This research uses the Information Search Literature Study and the data needed in several sources. Preparation using literature study is done by reading, studying and analyzing literature or books and other sources related to the research theme. Deductive data analysis is a procedure that begins with a general event, the truth of which is known or believed, and ends at a conclusion. According to Islamic law, divorce is through online media such as telephone, Facebook, Youtube, SMS, Whatsapp, or Instagram, whether it is only in the form of sound or accompanied by the form of the party communicating in the form of an image (video call). Then according to the Shari'a, the divorce is declared as a valid divorce, even though there is no guardian and it is not delivered directly in front of the wife. According to positive law, it is in line with the provisions in Islamic law which regulates divorce, namely the arrangement in KHI comes from Islamic law. However, the absence of legality in the form of proof of divorce (with no divorce being handed down in court), namely through online media will indeed have an impact on marital status problems and other legal problems that may arise so that Muslims also need to comply with state law.
 
 

Comparative Study of the Process of Islamic Law Legislation in Indonesia with Malaysia and Its Implementation into Legislation Regulations

Islamic law in Indonesia and Malaysia in terms of rules and regulations, to explain the position of customary law, and Islamic law in the statutory system in Indonesia and Malaysia, and to find out how the implementation of Islamic law in Indonesia and Malaysia which is a product of legislation. The results showed that the legislative process of Islamic law in Indonesia and Malaysia is colored by various methods so that it is formed into statutory provisions; Islamic legal legislation in Indonesia is the basis for the formation of laws is a reflection of regulations that become the ideology of the state philosophy not only of Islam but also for adherents of other religions. The Islamic law legislation in Malaysia begins with issues requiring legal certainty to ensure that Muslims can overcome the mistakes and problems faced. There are times when fatwas are merely fatwas and not one law. When the fatwa becomes law, if it is approved by the Sultan and agreed upon by the Majlis Mesyuarat of their respective Kingdoms if the regulation is in line with the basis of the determination, then the law can be applied; on the contrary, the established law is not in line with the vision and mission of the nation, then the product of the legislation will disappear control.

The International Context of Indonesia's Omnibus Law: A bibliometric review

This research examines the perspectives of legal professionals on omnibus legislation in Indonesia, a legal and human rights issue. We have done data searches on hundreds of legal papers that address concerns relating to the law of copyright on the job. Using the keyword system on Google Search, several domestic and international legal periodicals are combed for data. He maintained his efforts to engage the coding system thoroughly with an in-depth examination and a high level of interpretation in order to understand how it may solve issues by emphasizing the quality and integrity of the data. On the basis of the research data and debate, the vast majority of legal professionals believe it to be a fantastic legal change. Nonetheless, the majority of them continue to dispute its efficacy and execution in light of the court's recent ruling that the Creative Economy and Work Law is unconstitutional with conditional enforcement. This conclusion will hopefully influence the legal review section in Indonesia

Telemedicine in Indonesia During the Covid-19 Pandemic: Patients Privacy Rights Protection Overview

During the Covid-19 pandemic, online health services through applications or telemedicine have increased yearly. Many parties are involved in telemedicine to spread the confidentiality of information and patient privacy to various parties. Even though regulations and guidelines regarding telemedicine's implementation during the Covid-19 pandemic are established, personal data leakage still occurs. The problem discussed in this research is: How was telemedicine implemented in Indonesia during the Covid-19 pandemic? And how is the regulation of privacy rights protection for patients who use telemedicine in Indonesia? This research uses a descriptive normative research method with a qualitative approach. The research results show various problems in Indonesia's telemedicine implementation during the Covid-19 pandemic, especially problems related to data protection regulation for telemedicine patients. Based on the author's analysis, no regulations regulate strict sanctions when the patient's data or medical records are not kept confidential. There is no explicit provision that threatens anyone who misuses the patient's data. Thus, it is necessary to have special regulations governing the protection of patients' privacy rights in the use of telemedicine in Indonesia, and Indonesian legislators need to continue the legislative process of the Personal Data Protection Bill.

KRITERIA PERJANJIAN INTERNASIONAL YANG HARUS MENDAPATKAN PERSETUJUAN DEWAN PERWAKILAN RAKYAT

This article discusses the criteria for international agreements that must get approval from Indonesian Legislative Assembly with focus on two problem what is the legal implications of Constitutional Court decision number 33/PUU-XVI/2018 for the criteria of international agreements that must be approved by Indonesian Legislative Assembly and how to determine the criteria of the international treaties that have broad and fundamental effects on people's lives which is related to the country’s financial burden. This is a normative legal research. The results of this study is that the legal implications of the Constitutional Court's decision for the criteria of international agreements which must have approval of Indonesian Legislative Assembly should be positive. Asides from not giving any limit of the criteria, it can also be used as a control for the government carelessness in ratifying international agreements in trading which is almost always using Presidential Regulation instrument. To determine the criteria that an international agreement has broad consequences and fundamentals related to the country’s financial burden or require establishment of regulation, is carried out through a consultation mechanism, and the results of this consultation are recommendations and respected.

Putusan Open Legal Policy Ketentuan Tindak Pidana Zina Perspektif Maqashid Syariah

Constitutional Court Decision No. 46/PUU-XIV/2016 which rejects the expansion of the meaning of adultery in the Criminal Code has become a hotly debated topic. Some people think that the Constitutional Court should have the courage to make legal breakthroughs on this very important issue. However, the Constitutional Court Justices are of the opinion that the expansion of the meaning of adultery is not within their jurisdiction.
 This type of research is a normative juridical research, with a statute approach. The nature of the research is descriptive analytical, using a knife of maqa>s{id sharī'ah concept analysis.
 From the results of the research, it was concluded that first, the contextualization of Jaseer Auda's maqa>s{id sharī'ah concept against the arguments of the Constitutional Court judges in family resilience was actually quite well represented. However, the judges tended to choose the cause of the damage to be more due to the existence of a void in the law, in which the authority to fill in the law could only be exercised by the Indonesian Legislation Body, namely the Indonesian House of Representatives. Second, LGBT are the most massive and dangerous implications indirectly in the decision of the open legal policy. In addition to the harm in the form of diseases caused by these actions, the threat of nasab (hifdz al-nasab) which is guarded by Islam itself and the tarnishing of honor that is contrary to Islamic teachings in order to maintain the honor of oneself and others (hifdz al-'irdh). Third, Realistic efforts to prevent cohabitation and the potential for violence against women, namely through the contemporary maqa>s{id system approach, include the following, namely by limiting the facilities that are feared to cause convenience in cohabitation behavior.

Analisis Pengadaan Alutsista Sebagai Perkembangan Industri Pertahanan Di Indonesia

Strategy in Building the Independence of the Indonesian Defense Industry Based on Law Number 16 of 2012 concerning the Defense Industry includes the establishment and strengthening of the KKIP (Defense Industry Policy Committee), the Defense Industry Policy Committee which is abbreviated as KKIP was formed based on Article 18, which has the task of coordinating national policies in the planning, formulation, implementation, control, synchronization, and evaluation of the Defense Industry. The effectiveness of legislation in Indonesia in the procurement of defense equipment to support the Defense Industry is the achievement of the targets and objectives of the relevant regulations. In this case the indicators of success are contained in Article 3 of Law Number 16 of 2012 concerning the Defense Industry. First, the defense industry is effective, efficient, integrated and innovative, the government has integrated research and development institutions in Indonesia to create an effective and efficient defense industry, then has produced innovations in seven priority programs for the defense industry. However, in the supply of components and raw materials for the manufacture of defense equipment products, the defense industry still lacks because industries producing defense equipment products still import several components from abroad because Indonesia's supporting component industry has not been able to supply all the materials needed for defense equipment production

Market surveys in Mataram, Lombok, illustrate the expanse of legal and illegal Indonesian bird trade networks

Bird keeping is deeply rooted in Indonesian culture and markets selling large numbers of birds are found across the country. We examined bird markets in Mataram on the island of Lombok. Across five market visits, 10,326 birds of 108 species were observed, with 18 of these species being nationally protected and 10 having been assessed as globally threatened by the IUCN Red List of Threatened Species. Observed protected species, as well as non-protected species with no or exceeded harvest quotas accounted for a total of 8,586 (83.1%) illegally traded birds. In terms of trade volume, 83% (n=8,347) of the recorded Indonesian birds were native to Lombok, suggesting that many of the birds for sale were sourced locally. However, 63% (n=65) of the encountered Indonesian species were not native to Lombok, confirming previously described intra-national bird trade flows between the Indonesian islands. We found a strong positive relation between a species’ body size and its asking price. Current legislation in Indonesia is sufficient to eradicate the open trade in illegally sourced and/or protected species. Improved enforcement of these laws, in combination with strategic demand reduction efforts, is needed to curb illegal and unsustainable bird trade in the country.

A Juridical Analysis of the Caning Implementation in Aceh Prisons and its Relations to Islamic Laws

The Aceh government has implemented Islamic Sharia regulations by enacting Qanun Aceh Number 7 of 2013 concerning Jinayat Procedural Law, and Article 262 contains provisions regarding the implementation of flogging in public places. However, according to Article 30 Paragraph (3) of the Aceh Governor Regulation Number 5 of 2018 concerning the Implementation of Jinayah Procedural Law, the execution of flogging is restricted to prisons and detention centers. This study aims to outline the legal arguments for shifting the implementation of flogging in Aceh and the Islamic legal provisions related to carrying out flogging in public places. This research uses a normative legal method with a statute approach that refers to the concept of law as a rule and also uses Islamic legal doctrine, which is then analyzed qualitatively and described descriptively to find the alignment between the core issues and the normative provisions. The results of the research show that the main reason for issuing the Governor's Regulation regarding the implementation of flogging in prisons is to increase investment, as the implementation of flogging in Aceh has faced opposition from external parties. However, the issuance of the Governor's Regulation contradicts the system of forming legislation in Indonesia and legally lacks legal force. According to Islamic law provisions, the execution of flogging must be witnessed by a group of believers, as explained in the Quran, Surah An-Nur, verse 2. The implementation of flogging in prisons cannot be witnessed, whereas this is an integral part of the agreed implementation of flogging. There needs to be a specific and easily accessible location for the public as a place to carry out flogging penalties.

THE DEVELOPMENT OF LEGAL AND MORAL RELATION THOUGHTS AND ITS IMPLEMENTATION TO INDONESIAN LEGISLATION SYSTEM

This research discusses the development of legal and moral relation that is inseparable from two very influential thoughts (mahzab): natural law and legal positivism. The views of both thoughts are in contradiction with each other on legal and moral relations. Natural legal thought explains that law and moral are interrelated and even interdependent, while legal positivism thought views that law and moral are two different and non-interconnected things. The objective of research is to study the development of relation between law and moral in Indonesian legislation system. The research method used was juridical normative method using primary and secondary law material inventoried to get prescriptive legal analysis. The result of research shows that legal and moral relation in Indonesian legislation system, by seeing the relation at substance level indicating integrative relation and at structural level indicating independent relation. In the relation, it can be understood that legal and moral relation is interconnected on the one hand and not interconnected in its law enforcement aspect on the other hand. Thus, the recommendation in this research is that legal substance and legal structure elements should complement each other as an intact legal system, to actually give law certainty, justice, and benefit to the people.