Legislative Product Research Articles

Legal Politics of Religious Moderation and State Defense Policy at Public Universities

This study aims to discuss the policy of the Ministry of Religious Affairs through the Sub Directorate of Islamic Religious Education at Public Universities (PTU) in forming Griya Moderasi Beragama dan Bela Negara (MBBN) to strengthen the understanding of religious moderation and eliminate religiousness that often legitimizes violence as a manifestation of religious teachings during the rise of groups that claim to be the most correct. This study uses doctrinal law, political law, and critical analysis approaches. Data analysis was conducted by exploring moderation policy documents and legislation products. This study found that the legal politics of Religious Moderation and State Defence at PTU is a strategic government policy to strengthen the nation's life amid legal and religious plurality in the face of confrontation with radicalism groups. The government's strategic policy is synergized with national development, accelerating the realization of justice and welfare. The policy is also a firm step by the Indonesian government in contributing to the world according to the demands and developments of diversity in the era of globalization, especially in counteracting the massive movement of radicalism and intolerance in Indonesia.

God's Sovereignty in the 1945 Constitution and Its Implementation in the Formation of Sharia Legislation

Sovereignty is a concept of supreme power in a state. God's sovereignty, which means the highest authority in a country is God. God has sovereignty over the administration of the state or government. The problem in this study is how the concept of God's sovereignty in the 1945 Constitution needs to be implemented in the lives of Indonesian Muslims in the context of the Indonesian legal state. The results of this study explain that the teaching of God's sovereignty in the 1945 Constitution is the basis for organizing national, state and social life. The teaching of God's sovereignty needs to be implemented by establishing laws and regulations that have Sharia nuances. The 1945 Constitution as a written basic law has provided direction and objectives in the formation of law in Indonesia, especially for Muslims in Indonesia. In the context of an Islamic state of law (nomocracy), the 1945 Constitution contains maqashid sharia whose aim is to form laws in accordance with the philosophical values prescribed by Allah to mankind for the benefit of the people. The direction and objectives of the law that have been determined in the 1945 Constitution will make it easier for the Indonesian Muslim community to see which laws are good to follow and which laws need to be changed. So far, there have been laws or regulations resulting from national legislation products with Islamic nuances, including regional regulations.

The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia

This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.

Ministerial Authority in Formulating Regulations Related to Presidential Lawmaking Doctrine

As ministerial regulations increasingly play a larger role in government administration, they have become one of the main forms of legislation. This has resulted in a significant increase in the quantity of ministerial regulations, including those formed under the mandate of higher regulations, and those formed under the authority of ministers. According to the doctrine of making presidential laws, the president has a constitutional mandate to form implementing regulations for laws (delegated legislation). This normative research examines the basis for the formation of ministerial regulations in a presidential system. It analyzes quantitative data by using samples from ministerial regulations issued between 2005 and 2020 by 12 ministries. The analysis reveals that 65% of ministerial regulations come from ministerial authority (attribution), while 35% stem from higher regulatory directives. This has resulted in a proliferation of ministerial regulations in Indonesia. In the presidential system, the president holds the authority to formulate implementing regulations, with ministers acting as presidential aides and not lawmaking agents. Nevertheless, the unchecked formation of ministerial regulations on the basis of authority has contributed to a power imbalance, wherein ministerial regulations have gained ascendancy at the expense of presidential legislation products. This divergence from the Indonesian Constitution’s Article 4, Paragraph (1), and Article 5, Paragraph (2) dilutes the role of presidential legislation products as implementing regulations. It deviates from the established tenets of the presidential system in Indonesia, wherein the president is designated as the law executor rather than the minister.

Transformation to Law Enforcement Gambling Crimes in Indonesia

<p><em>Gambling is nothing new, since a long time ago this crime has existed. Initially, gambling was done with conventional methods, but along with the development of technology, gambling has also experienced developments and now it has entered the digital space. The rise of online gambling has made the government declare Indonesia's condition of gambling emergency. Minister of Communication and Information (Menkominfo) Budi Arie even stated that he intends to fight gambling within a week. Gambling was originally a social problem, but later it has developed into a legal problem that demands comprehensive and continuous regulation and law enforcement. This research will discuss how law enforcement practices in Indonesia in eradicating gambling and how Indonesian law solves the problem comprehensively. The research method used is a normative research method or commonly called literature research by examining library materials or secondary data with a case approach. Several relevant legislation products will be used as legal bases in this research, such as the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Electronic Information and Transactions. This research wants to provide input to the government in supporting the law enforcement process against gambling and also help increase the level of public legal awareness of gambling crimes both online and conventional. </em></p>

Open Data Parliament: Implementation And Challenges In Indonesia

Open Parliament is a movement that encourages transparency, participation, and accountability in the legislative process in parliament. One form is data openness, which is a tool for the public to understand the programs and performance of the legislature. Data disclosure in parliament is also carried out to answer public unrest over parliament's attitude which is considered closed in discussing legislation products. The research will reveal how parliamentary data disclosure has been running in Indonesia and other countries, namely Norway, Sweden, and Denmark. The research paradigm is carried out qualitatively and to answer research questions, data collection methods use interviews and literature studies. The results of the study revealed that data openness in Indonesia currently does not fully meet the principles of government data openness, namely primary, timely, license-free, non-discriminatory, and supports the data processing process using machines. Therefore, the Indonesian Parliament needs to make efforts to improve data disclosure services based on the above principles, with the aim of providing easy access to data and meeting people's data needs.

Evaluation of the Zipper System in Efforts to Increase Women’s Representation to 30 Percent in Parliament

The low representation of women in parliament is a global problem, especially in Indonesia. The status quo shows that the role and representation of women in parliament is still very low, which has implications for legislation products that are not inclusive. Women are vital in legislation, especially in micro-policy aspirations related to welfare, education, equality, and household issues. The affirmation policy with a minimum female candidacy quota of 30 percent in Indonesia is implemented through the zipper system. However, unfortunately, it is still ineffective because women's representation is still very low. This study uses a qualitative descriptive method to analyze the inequality of women's representation in the Indonesian parliament. The data used secondary data, which has been collected and processed by other parties. The result of this study is an evaluation of the zipper system, which is still ineffective because it depends on the placement of candidate sequence numbers and political party awareness. The placement of women in number 1 is only 19 percent, while in number three, it reaches 67 percent, and in number 6, 65 percent. It has a big impact on the probability of low electability. With women's representation, women's voices can be heard and fought for in government, thus realizing an equal and inclusive government. Revamping the zipper system by requiring the placement of female candidates at number 1 is an effective solution to increase women's representation in parliament in line with descriptive representation theory, which emphasizes the importance of proportional representation from various groups of society in government.

Sexual Violence in Indonesian Law Number 12 Of 2022: Viewed from the Concept of Radical Feminism

Violence against women is a widespread phenomenon in Indonesia. It is a crime that disturbs many parties, especially women. Many parties fight for justice for women, especially victims, to get legal protection. Law Number 12 of 2022 gives legal protection concerning Criminal Acts of Sexual Violence. Apart from the regulation on criminal acts of sexual violence, there is also legislation Number 13 of 2006, amended into law number 31 of 2014, concerning the rights of victims and witnesses. Legal protection is held as an instrument to minimize the crime of violence against women. The writing of this research aims to analyze legal protection regulations for women who are victims of sexual violence using the concept of radical feminism. This theory considers that the rule of Law is formed based on the views of men, so the current rule of Law is considered a product of patriarchy. This research uses normative legal research with library materials in its research. The results of this study reveal that preventive legal protection regulations are still limited in scope. Although the Indonesian state has established a law to protect women from sexual crimes and violence where the perspective comes from the victim, the Law is still limited in its application. There is still a great need for legislation products that prioritize the principles of radical feminist legal theory.

Legislative Corruption: Criticism of the Omnibus Law Policy in the Mineral and Mining Sector in Indonesia

The practice of state capture corruption (legislative corruption) commonly occurs when the process of drafting a law is very short, not transparent, lacks public participation, and violates a number of legal norms and formal and material principles. The process of drafting laws, which tends to be closed from public access, is often accompanied by the practice of abuse of power or transactions of legislative authority, leading to the poor quality of legislation products. In the mineral and coal mining sector, sectoral laws exposed to state capture corruption will open up space for corruption practices (administration corruption) by corporations or a handful of people by taking advantage of opportunities or material weaknesses or the articles in the law. This study examined the polemic of state capture corruption related to the material of Law No. 11/2020 on Job Creation, especially clusters of material related to the simplification of permits and investment requirements in the land sector and the abolition of the AMDAL obligation and opens up space for corruption practices. Also, it included the strategy of strengthening legislative policies to support the prevention of corruption in the mineral and coal mining sector. This research was normative-empirical, including: First, library research, identifying and analysing secondary data related to the polemic of legislative corruption on a number of materials on the Omnibus Law and other relevant sectoral regulations; Second, field research to obtain primary data by seeking expert opinion/legal expert through observation and in-depth interviews based on purposive sampling; Third, analysis of the results by identifying a number of polemics on corruption in the legislation on the work creation law based on the problem formulation. Finally, formulation of the right legislative policy (UU) rule model is necessary for supporting the prevention of corruption in the mineral and coal mining sector in Indonesia.

Public Participation in the Law-Making in the Digitalization Era

Technology can play an important role and provide a useful tool for creating informed and active citizens, thereby contributing to democracy from the ground up. The shift from e-governance to e-democracy has become an important example of the capacity of technology to influence public law as a whole. There are at least four methods that can be used to participate in public participation in law-making, namely digitally: Interactive Applications, Legislative Crowdsourcing, and Utilizing Big Data. There are at least 2 (two) ways that the community can conventionally take to get involved in forming the law, namely active participation, and passive participation. Through active participation, the public takes the initiative to participate in the process of forming legislation products by attending general meetings, and public debates, as well as writing open letters in the mass media addressed to the apparatus in charge of discussing the Draft Law. Passive participation means that participation initiatives come from outside the community.

Political Social Responsibility of Council Members in Implementing Public Policy:

This article aims to determine council members' involvement in carrying out their duties and responsibilities related to community empowerment. Furthermore, to find out how council members maximize the potential of the region and its community with a power and policy approach. Political CSR is an inherent obligation of parliamentarians because the people elect them in a formal and legal contest. The carried-out mandate should present full responsibility to struggle for the community's welfare in internal work as a legislative product holder and external work in serving the community. This research uses an intrinsic case study approach with the object of research on legislative members in the Grobogan Regency. The socio-political responsibilities of the parliamentarians will be studied based on the triple C approach; they are Community Relations, Community Empowerment, and Community Service. Community relations aim to foster a harmonious relationship between organizations (politicians) and the community to increase social awareness and mutual understanding. Community Empowerment is an effort to develop community potential and overcome existing societal problems. The involvement of council members in community empowerment is implemented in three stages: good community relations, community empowerment in the form of community advocacy, and creating an institution that educates the community and community service by prioritizing comprehensive services.

The Absence of Constitutional Court’s Decision Follow Up: Is it A Loss?

The establishment of the Constitutional Court as the guardian of constitution that protects the citizens’ human rights gives hope for the implementation of “rule of law” principle. The Constitutional Court is expected to play a big role in upholding and protecting the citizens’ constitutional rights through each of its decisions. This expectation has become meaningless since Article 59 (2) of Law Number 8/2011 is declared to have no binding legal force by the Constitutional Court Decision Number 49/PUU-IX/2011. What are the impacts of the elimination of Article 59 (2) which has been formulated in Law Number 7/2020? This research is socio legal studies that uses secondary data that are collected through literature study. The elimination of Article 59 (2) in Law Number 7/2020 shows violation of the rule of law principles. In addition, the legislation products which are legitimized based on Law Number 7/2020 are unable to guarantee the citizens’ constitutional rights.

Designing Generation Change in Family Firms: Lessons from Italy

In Italy, as in most other European countries, around 85-90% (in absolute numbers: 780,000) of all enterprises are family firms, which contribute to 80% of GDP and account for 70% of employment. 60% of publicly-traded corporations have a family as majority shareholder. However, only 20% of the family firms survive until the third generation. Already these first figures show the crucial importance of intergenerational succession in Italian family firms. In the management literature, family firms, and especially the topic of management succession, are widely investigated. Lawyers, on the contrary, still lag behind in this research field. The present paper seeks to close the research gap. First, the legal prototype for the governance of generation change processes in Italian family firms, i.e. the patto di famiglia (family pact) is analysed. The many limits and practical constraints surrounding this legislative product makes it necessary to look at alternati ve private orderings devices and evaluate their pros and cons. Thus, attention is drawn to the succession planning choices made by important Italian family firms (Benetton, Caprotti and Brunello Cucinelli), which opted for a regulation mainly in the corporate charter or by way of testament or trust. The casestudy approach here followed shall contribute to the better understanding of the practical tools employed in the design of such generation change and make them available for a broader comparative circulation.

Kepemimpinan Tradisional dalam UU Simbur Cahaya di Desa Pajar Bulan Tanjung Batu Ogan Ilir

ABSTRACTThis paper examines Traditional Leadership in the Simbur Cahaya Law (Case Study: Pajar Bulan Village, Tanjung Batu District, Ogan Ilir Regency). The background of the research problem because leadership is an essential thing which actually needs to be studied in various fields of knowledge. This study seeks to portray the history and forms of traditional leadership that have been applied in Pajar Bulan Village and the relevance of the Simbur Cahaya Law with current leadership. This type of research uses a qualitative research type with various procedures and stages that produce descriptive data. The data sources obtained are primary data and secondary data. Methods of data collection are carried out through interviews, observation and documentation. The data analysis technique used was data reduction, data presentation and conclusion drawing. The conceptual and theoretical framework that the writer uses, namely the concept of leadership and the theory of authority put forward by Max Weber. The results showed that the leadership that had been applied in Pajar Bulan Village before the current leadership was traditional leadership that was based on the Simbur Cahaya Law. The traditional leadership that has been applied in Pajar Bulan Village is known as krio leadership. In which the selection of a krio was held by means of deliberation and consensus held by community leaders in Pajar Bulan Village. Furthermore, after the election of a krio, it was immediately announced to all levels of society in Pajar Bulan Village and the community immediately agreed to it. In this regard, the traditional leadership system has no influence in the current government leadership in Pajar Bulan Village. Furthermore, the rules of the Simbur Cahaya Law that are still used and have become a tradition in Pajar Bulan Village are some of the rules contained in Chapter 1 (one) of the Simbur Cahaya Law which regulates single, girl and marriage. As for the Simbur Cahaya Law, it is not a legislative product as its name suggests. Which, if viewed in terms of the relevance of the Simbur Cahaya Law to the current leadership of the village head, is the local customary law (pearaturan) that has become a tradition or in other words the customary law regulations from the Simbur Cahaya Law are used as guidelines and pointers.
 Keywords: leadership, traditional, simbur cahaya law

Enforcing Nonjusticiable Rights In Indonesia

A debate over which branch of government is the most appropriate institution to deal with economic and social rights is far from ended. Is it the legislature which is democratically elected or the unelected Court that should determine the enforcement of economic and social rights? Problems pertaining to the lack of legitimacy and competence often come up when the Court is involved in determining economic and social rights. These problems arise because a court is not democratically elected and is not equipped with necessary tools to deal with such a complex issue in economic and social rights. However, others believe that the Court’s involvement in determining economic and social rights can strengthen democracy since the Court may enforce matter that is not sufficiently addressed by the lawmaker. This paper will address the above issue in context of Indonesia. Should the Court involve in protecting economic and social rights? If so, how far the Court can go to determine economic and social rights? This paper acknowledges that economic and social rights are a broad and complex topic. Therefore, this paper limits the discussion by analyzing four selected judicial rulings which have significant impact in the protection of economic and social rights in Indonesia i.e. the judicial review cases on Electricity Law, Water Resources Law, National Education System Law and National Budget Law. This paper argues that it is necessary for the Court to involve in determining economic and social rights, especially when the lawmaker does not sufficiently address issues related to economic and social rights in its legislative product. The Court may fill the gaps in the protection of Economic and Social rights. The Court roles in this context, however, potentially encroach the authority of other branches of governments i.e. the executive and the legislative. Therefore, the Court roles should be carefully and strategically conducted so that it does not infringe the jurisdiction of the government and the lawmakers.

Интегрирани маркетингови комуникации на пчеларските стопанства

The study finds that on the one hand beekeeping is difficult to implement integrated marketing communications due to more difficult application of communication tools – advertising, personal sales, and sales promotion. On the other hand, they also have less well-represented advertising constants. EU agricultural policy supports the implementation of integrated marketing communications from beekeeping farms through the formation of infrastructure and services, legislation, media environment and bee products with high added value. Beekeeping farms must invest primarily in public relations and direct marketing, and as advertising constants can use regional varieties, breeds, technologies, geographical indications, know-how, certification to a certain standard, as they represent the uniqueness of regional bee products.

Making a peoples defense and safety System

Article 30 of the 1945 Constitution is the basis for the formulation and drafting of Law No.3 / 2002 on national defense. In article 30, it is stipulated that national defense and security efforts are carried out through the system of defense and security of the total people by the Indonesian National Army and the Indonesian National Police, as the main force, and the people, as the supporting force. This system of defense and security for the people of the universe is then manifested in Law No.20 / 1982 concerning the main provisions of national defense. However, when the TAP MPR Number VI and Number VII was issued regarding the Separation of the Police from ABRI. The government is drafting a new Defense Law that is aligned to separate Defense and security that is adaptive to these changes. The defense is compiled and formulated and then translated into Law no. 3/2002, however, the Law on Security was not immediately realized, instead Law No.2 / 2002 concerning the Indonesian National Police. Until now, the Law on Security does not exist and has not been materialized. As a result, there is a gap between legislation in the defense sector and legislation in the security sector. Some of the mandates of Law No.3 / 2002 can then be translated into Laws, Government Regulations, Presidential decrees instead other legislation products to support national defense. 
 The lack of this security aspect of course affects the defense and security system which was previously manifested as a comprehensive unit which is of course adjusted to the history of the nation itself. In addition to defense duties which are military in nature, there are tasks in the field of military Nir which all fall into the category of security aspects. As long as there are no regulations governing Security, the Defense and Security System mandated in the 1945 constitution will never materialize.
 

CULTURAL IMPLICATIONS OF DAYAK TOMUN INDIGENOUS PEOPLES IN THE MANAGEMENT LAND RIGHTS: A CASE STUDY OF LAMANDAU, CENTRAL KALIMANTAN, INDONESIA

Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia.
 Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality.
 Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction.
 Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred.
 Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values ​​derived from beliefs (religion), customs, and social culture.

Penegakan Hukum terhadap Narapidana yang Melakukan Transaksi Narkotika di dalam Lembaga Pemasyarakatan

Narcotics transaction or narcotics distribution, especially in correctional institutions has been very widespread; this is the impact of the loss of control of the existing system. This condition has an impact on the formation of a negative view of the community on the implementation of law enforcement, especially in the prison environment. So the problem under study is how to regulate sanctions related to narcotics transactions that occur within prison and how enforcement against inmates conducting drug transactions in prison law. By using the empirical normative legal research method (mix method) whit primary data sourced from Class II Penitentiary Kerobokan. The results of the study showed that the regulation of sanctions for prisoners who carry out narcotics transactions in prisons, namely the threat of capital punishment, life imprisonment, maximum imprisonment of 20 years and a minimum of 5 years. Whereas law enforcement in correctional institutions, namely severe disciplinary penalties, entered into a register, handed down register F, all prisoners’ rights will be lost, and passed on to the competent authority. The government in this case is the Ministry of Law and Human Rights should always collaborate with the National Narcotics Agency by visiting prisons regularly or allegedly as a place for narcotics transactions or distribution. Then with regard to legislation products that are already in force it should be noted again.

PERTUMBUHAN DAN CARA KERJA DPR-RI PASCA REFORMASI

Post reformation of the role and function of the House of Representatives of Republik Indonesaian (DPR RI) is returned to its corridor as a legislative institution that runs the legislative function (making laws/constitution), besides running budgeting fungction together with the president, and the oversight function of the implementation of the law and the budget in the administration of government carried out by the executive. Related to the lack of productivity of The House of Representatives (DPR) to carry out the legislative function, The performance evaluation of this legislation is not only seen in terms of the quantity of products made but its quality is also an important factor in assessing legislation products. The identification problems in this research are: What is the Position of the House of Representatives in the 1945 Constitution of the State of the Republic of Indonesia, and What is the Process of the Growth of the Post-Reformation House of Representatives. In this research the library research method will be used or library research. Regarding this kind of research it is usually also called "Legal Research" or "Legal Research Instruction”. The position of The House of Representatives (DPR) after the amendment of the 1945 Constitution four times turned out to further strengthen its existence as the sole legislator. Although in the 1945 Constitution the amendment results also gave the President authority, but the authority he owned was not as big as The House of Representatives (DPR). And the process of the growth of the House of Representatives (DPR) Post-Reformation has strengthened the authority of the legislative instituion, in this case the House of Representatives of Republik Indonesian (DPR-RI) to maximize its role and function as a check and balances institution, after being strengthened, the House of Representatives (DPR) becomes tyrannical over the executive even over the state, because of its power and authority so great.