Product Of Legislation Research Articles

The Tendencies of Cryptocurrency Policies in Indonesia

Cryptocurrency has set intriguing and innovative trends in investment amidst the fluctuating global economy following government policies. This research aims to investigate the trends of policies of cryptocurrency in Indonesia, seen from the perspective of taxation and investment laws. Low tax charged in Indonesia is seen as relaxation by investors and cryptocurrency users, while the trends in legal policies concerning investment are experiencing hyper regulations in legislative products set to assure investors, in comparison to those of other countries. These trends attract some attention from investors and cryptocurrency users from abroad. This research is a unique offering that will illustrate which countries are suitable and friendly for businesspeople to carry out crypto business activities. The methodology used in this study is normative research with a conceptual approach and comparative law. The research results are expected to shed light on foreign investors wishing to invest their money in cryptocurrency businesses by considering the low tax from the perspective of current taxation law in Indonesia compared to those in Canada, the United States, and Singapore. According to the details of taxation in Canada, the United States, and Singapore, it is obvious that Indonesia gives ease to foreign cryptocurrency investors in Indonesia from the aspect of taxation law. The countries compared seem to charge very high taxes for cryptocurrency users and businesses in investment cryptocurrency. This comparison gives easier access to foreign investors to invest their assets for the development of cryptocurrency businesses and companies in Indonesia by considering the amounts of taxes imposed on cryptocurrency businesses and users. Indonesia makes it easier for foreign cryptocurrency investors in Indonesia compared to Canada, the United States, and Singapore from a tax law perspective. In terms of investment regulations, Indonesia has broader laws and regulations compared to other countries, where the investment process involving cryptocurrency businesses in Indonesia receives sufficient attention from these laws and regulations.KEYWORDS: Cryptocurrency, Investment Law, Taxation Law.

Water Infiltration Policy for Urban Flood Management

This research was conducted to determine the implementation of water absorption policies for flood management in urban areas, especially in the city of Cirebon at the Cirebon City Public Works and Spatial Planning (DPUPR) department. The research approach used is normative juridical, conceptualizing law as written norms so that this research emphasizes studies in the form of legislative products, namely those that regulate water absorption such as regional regulation number 38 of 2019 concerning the implementation of groundwater conservation through infiltration wells and infiltration holes. biopore. Policy implementation in flood management by the Cirebon City PUPR Service has included handling floods and puddles as a priority in the Regional Government Work Plan (RKPD) for 2025. For handling urban drainage, the PUPR Service's work target is to reach up to 83% by 2024, and 86% for 2025, and 89% for 2026. One of the strategies taken includes the creation of retention ponds, absorption wells and eco-drainage. However, there are still several obstacles in implementing this policy, such as limited resources and lack of community participation. To overcome these obstacles, efforts need to be made such as increasing the budget, providing adequate human resources, and educating the public about the importance of water absorption. Overall, the implementation of the water absorption policy for flood management in Cirebon City has shown a positive direction. With continued efforts and collaboration from various parties, it is hoped that this policy can be more effective in minimizing the risk of flooding in urban areas.

Socio-Historical Analysis of Corporate Social Responsibility in India with Case Studies

Abstract: Corporate Social Responsibility, as we know it, is a product of a nascent legislation which makes it mandatory, under Section 135 of the Companies Act, 2013, for companies turning a profit over a certain threshold to publish and maintain a CSR report constituted by a Board. This obligation is not merely a statutory one but rather a sociological one, too. While the country develops and upgrades to unfathomable limits, there remains a sizeable population of people who need help and assistance to have their basic constitutional right to a dignified life.

An Assessment of the Productivity and Effectiveness of Law Making from the Legal Perspective of the Indonesian State

The People's Representative Council of the Republic of Indonesia (DPR RI) plays a crucial role in the legislative process that shapes national policies. However, its effectiveness is often questioned due to discrepancies between the number of enacted laws and the set targets. This study aims to evaluate the legislative performance of the DPR RI during the 2019-2024 period, focusing on the quality and relevance of the laws produced. The research employs a normative approach to assess the alignment of legislative outputs with constitutional principles, alongside an empirical approach to measure legislative productivity and its impact on society. The findings indicate that although the DPR RI successfully enacted several laws, many of these legislative products fall short of public expectations in terms of both quantity and quality. The implications of this study highlight the need for improved legislative efficiency and increased public participation to ensure that the laws produced are more responsive to societal needs.

THE NATURE OF THE SUPERVISION OF THE COUNCIL OF REPRESENTATIVES ON THE FUNCTION OF LEGISLATION IN INDONESIA

<table width="574" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>The House of Representatives is the holder of legislative power, which is expected to be able to produce quality legislative products in accordance with the legal needs of the community. However, the reality was the opposite of what was expected, resulting in public rejection. so that a judicial review must be submitted to the Constitutional Court.</em><em> </em><em>The purpose of this article is to find out how the nature of supervision of the council of people's representatives on the functions of law in Indonesia</em><em>. </em><em>The research method used is a normative legal research method with a qualitative approach to provide a descriptive explanation.</em><em> </em><em>The results of research analysis related to the nature of the DPR's oversight of the legislative function in Indonesia indicate that the supervisory function consists of the legislative function, democratic values, the value of balance, the value of truth, the value of benefits, and the principles contained in the DPR's supervisory function.</em></p><p><em> </em></p></td></tr></tbody></table>

How Should Legislation Be Made During the Digital Age? Indonesian Outlook

This article tries to explain how legislation should be made in the digital era. Because digitalization is something that cannot be rejected or avoided. Therefore, the dynamics of the digital era must also be responded to by law, especially in the study of legislation. Using normative research methods, this article found several important things, including 1) Indonesia does not yet have many legislative products regarding the digital era, there are only a few, for example, the IET Law, the Personal Data Protection Law, and the like. 2) Indonesia needs to respond to developments in the digital era by issuing special regulations, for example, the Metaverse Bill, the Digital Money Bill, AI Bill, and the like. 3) The method for establishing legislation in the digital era must also adapt to the times. So, it does not rule out the possibility that in the digital era, there is a known method for establishing statutory regulations other than the existing conventional methods, such as RIA or omnibus law.
 Keywords: legislation, digital age, Indonesia

THE INFLUENCE OF POLITICAL ASPECTS IN LEGAL REFORM

This paper aims to see the influence of political aspects in legal reform. By using a conceptual approach, it was found that:In the context of legal reform, political aspects have a significant influence, this can be seen in the formation of the Constitutional Court. The formation of the Constitutional Court was realized because of the political desire to form a state institution that could control the legislative products of the DPR, synchronize it with the 1945 Constitution so that there would be no violations of the constitutional rights of citizens and to maintain the principle of checks and balances between state institutions. The establishment of the Constitutional Court is a form of legal reform in a formal institutional sense. Apart from the context of forming legislation for legal reform, political aspects can also actually influence law enforcement. This can be seen in the handling of protracted corruption cases, as well as the use of a reverse evidence system in corruption cases, making it easier for law enforcers to work. This reverse evidence system is a form of legal reform.

Organizational Transformation at the Secretariat of the DPRD Takalar

Organizational transformation in the Regional Representative Council (DPRD) has a high urgency given its central role in the democratic system and public decision-making. This study aims to examine the organizational transformation of the DPRD of Takalar Regency and to analyze the determinant factors in the organizational transformation of the institution. The method used in this research is descriptive with a qualitative approach. The informants for this study consisted of DPRD secretariats, DPRD members, and political party officials, with a total of 21 informants. This research collects primary data through FGD. The results of the study show that organizational transformation at the DPRD Takalar secretariat is carried out to 1) increase efficiency in policy-making and supervising executive performance through optimizing decision-making processes and improving legislative products; 2) strengthen accountability and transparency in DPRD; and 3) strengthening the relationship between the DPRD and the community. DPRD must be an inclusive forum for public participation and community aspirations. Overall, organizational transformation in the DPRD has a high urgency to improve efficiency, accountability, capacity, and relations with the community. By adopting an approach that focuses on system change, organizational culture, and community involvement, DPRD can become a more responsive, effective institution, and able to respond to the challenges faced by society and the state.

The Role of Morals in the Legal System and its Influence on the Judiciary in Indonesia

The system has a set of components that are in it. The legal system cannot be considered a system if it runs alone by setting aside moral values. Pancasila is the basis of the state, so every product of legislation must be based on the values contained in Pancasila. Following the opinion of Ronald Dworkin, who said that morality is fundamental to be used to evaluate legal products and, in some instances, morality cannot be separated. If the law is considered an applicable rule, then the truth to be realized must be directed to substantive (essential) truth. A positivistic view that is only limited to rules and logic, but in some instances, cannot only view positivism so that it can lead to progressive laws.

Kebijakan Pemerintah Orde Baru dalam Meningkatkan Kompetensi Guru di Indonesia

This research explores the basis of policies to increase teacher competency in Indonesia during the New Order era. The research uses historical and bibliographical methods to explore official documents, mainly the statutory regulations and interviews with several teachers affected by the New Order government policies. This research found that the New Order government’s policy of increasing teacher competency could not be separated from the social, economic and political conditions at that time. Teachers, an essential element of education, are the object of policies to increase their competence. This research also shows that the New Order Government created legislative products as the basis for various strategic policies implemented for teachers in Indonesia to increase their competence.

Legislation Committee as Law Center in the National Law Development

The shift in the DPR legislative function after the amendment of the UUDNRI 1945, which was previously owned by the President then become the DPR function brought major changes. This change, plays an important role in the process of checks and balances and in enhancing the development of national law quality. However, this change is still not optimal. As can be seen from the fact that the legislative products produced by the DPR are not yet maximal, both quantitatively and qualitatively. Optimizing Baleg's position as a Law Center with the support of reliable supporting staff is one way to improve legislative performance. So far Baleg's role in carrying out its duties has not been optimal due to various interests which have hindered the drafting of the National Legislation Program and the deliberation of the Bill and the absence of a road map in monitoring and reviewing laws. Baleg's position as a Law Center must be strengthened to minimize the obstacles that arise so that the Prolegnas that have been set can be realized. Baleg needs to make arrangement so that the implementation of its duties can be optimal and ultimately able to improve the performance of the DPR in carrying out its powers as legislators. A road map in post legislative scrutiny needs to be made so it is clear that the implementation can be carried out in a directed and measurable manner.

Basic Principles of the Oversight Functions of the House of Representatives on Legislative Functions in Indonesia

Legislative products have caused public disapproval, so a judicial review has to be submitted to the Constitutional Court (MK). Therefore, it is necessary to analyze the basic principles of the DPR's oversight function of the legislative function in Indonesia. This research aims to examines the basic principles of the duties and powers of the DPR in the oversight function of the legislative function. This research is qualitative research using secondary data. The literature study method was used in collecting data in this study. The data analysis was done using data reduction, displaying, and verification. The study results show that applying the basic principles of the DPR's oversight function to the legislative function in Indonesia is a way or an attempt to see whether the legislative function is carried out according to plan. Oversight by the DPR in forming laws is a preventive measure, such as efforts to prevent irregularities, mistakes, and confusion. The basic principle of the DPR's oversight function of the legislative function contains democratic values, the value of balance, the value of truth, and the value of expediency, which is reflected in the principle of people's sovereignty, the principle of legal certainty, and the principle of justice.

Converging Islamic and religious norms in Indonesia’s state life plurality

Indonesia is characterized by a plurality of values that inspire the formation of the state and its constitution. The democratization after the reformation made some religious communities desire to express their teachings openly. For instance, they desired to implement religious norms, resulting in laws and regional regulations with religious nuances. This study aimed to examine the convergence of Islamic norms and norms of other religions into positive law. It also intended to examine the prospects for converging these norms amid religious plurality. Using a historical and normative approach model, the practice of converging Islamic norms and norms of other religions was found from the formation to the promulgation of Law No. 1 of 1974 concerning Marriage. However, this law often receives judicial reviews, especially concerning interfaith marriages. The latest product of legislation relating to the application of religious norms into positive law is Aceh Qanun No. 6 of 2014 concerning Jinayat. The Qanun is interesting in the study of the convergence of norms of Islam and other religions in Indonesia. Although the formation and promulgation involved only followers of Islam, the Qanun accommodated the teachings of other religions. Therefore, non-Muslims prefer submitting to the Qanun rather than voting for the Criminal Code. These two examples show the prospect of converging open religious norms in various legislations.

The Government's Strategy and Efforts to Eradicate Corruption in Indonesia

This study identifies corrupt behavior based on the terminology, the Government's efforts to eradicate corruption in Indonesia. However, the most important thing to reduce the level of corruption in Indonesia is the prevention of corruption. This can be done, among others, through concepts, programs to legislative products. The National Integrity System for preventing corruption in Indonesia can run optimally. Factors that cause the High Abuse of Corruption in Indonesia. Internal factors. The causes of corruption in internal factors are: Greed or greedy nature possessed by humans. Humans are not easily satisfied with what they have today. External factors include: Politics where political factors influence the occurrence of corruption because basically politics itself is related to power. The results show that corruption is an act to enrich themselves, their families, groups, and corporations by violating the rules, violating norms. The cause of corruption is individual motivation and a bad government organizational system, and the influence of corruption will increase if it is supported by an environment where bad individuals and systems exist. Based on the above, the strategy that can be taken by the Government of Indonesia is to immediately carry out a Memorandum of Understanding with law enforcement agencies; all financial transactions in government using electronic or online transactions; the government establishes a task force for eradicating extortion in the government; enforce financial reporting on officials in the scope of government; open access to public monitoring through electronic databases; and integrity pact-based performance measurement.

The Concept Of Accelerating National Development Through Quality Legal Products

Quality legal products are the most important requirement in the process of national development of the state of Indonesia as a means of development in various lines can be achieved. However, so far, the number of legal products tested by the Constitutional Court (MK) indicates that legal products made by the Legislature and the executive still cannot be said to be of quality. It is necessary to strengthen and synergize legal products with the Constitution or the 1945 Constitution (1945 Constitution). This, can be pursued through the judicial branch of power, namely by the mechanism of preventive review by the Constitutional Court. The term preventive review is basically a mechanism for testing the constitutionality of draft laws (RUU) in the Constitutional Court which will test the bill before it is passed and enacted. Thus, the Constitutional Court as the guardian of the Constitution provides a preventive contribution to every legal product of legislation that is made, so that it can be in line with the ideals of the Constitution and give birth to quality legal products. This study is a doctrinal research that uses primary legal materials and secondary legal materials. The method used is juridical-normative approach using legislation and conceptual. The results of this study at least provide a conclusion that there is an urgency to increase the authority of preventive review by the Constitutional Court. Where, if this mechanism is applied, the legal products made are expected to be in line with the ideals of the Constitution so as to give birth to quality legal products which can then support and accelerate the development process in the state of Indonesia is achieved.

DESAIN PENGUATAN PELAKSANAAN FUNGSI LEGISLASI DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA MENUJU PEMBAHARUAN HUKUM NASIONAL

This study aims to find out how the ideal model for strengthening the implementation of the legislative function of the DPR RI in the context of reforming national law. Using a normative research method with a statutory approach. The results of the study show that the implementation of the legislative function of the DPR RI after the amendment to the constitution cannot be carried out optimally because it is indicated by the lack of legislative products and the low quality of the laws produced by the DPR. Legislation achievements that are not achieved according to the target of legislation and the number of laws submitted for judicial review at the Constitutional Court are benchmarks for the implementation of the legislative function of the DPR RI. And it can be concluded that the design of strengthening the implementation of the legislative functions of the DPR RI can be done by repositioning the Legislative Body of the DPR RI as a law center, strengthening the Supporting system of the DPR RI, and making a blue print for strengthening the implementation of the legislative functions of the DPR RI.

The Pathway of Adopting Omnibus Law in Indonesia's Legislation: Challenges and Opportunities in Legal Reform

The omnibus law model has become a new method of legislative drafting in Indonesia, first applied to the Job Creation Law and later enacted as Law 11/2020. While there were no implicit guidelines in Legislative Drafting Law 12/2011, this adoption was imported from several countries like the United States and Ireland to simplify regulations before the method was subsequently formalized and included in Legislative Drafting Law 13/2022. This paper explored the pathway and dynamics of the omnibus law adoption in Indonesia's law-making procedure and analyzed its further impacts on whether such a method has fruitfully improved the quality of the enacted regulation in establishing a more friendly investment policy. Through doctrinal method, this study showed that the opportunity to apply the omnibus model in Indonesia depends on the effectiveness, success, and benefits of respective regulations. In contrast, the application of the omnibus law model should respect democratic principles and avoid public harm. As shown in three different countries, i.e., Indonesia, the United States, and Canada, public concerns on lack of participation should be taken seriously to hinder undemocratic ends through "democratic" means. Alternatively, accountability of the drafting process should be considered a priority. In summary, the increasing trend of adopting the omnibus model should be first adopted and promulgated through legislative products whose promulgation must be with a formidable law-making procedure.

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.

Affirmative Action Study on the Political Rights of Women in the Indonesian Constitution

As the world’s third largest democracy, Indonesia’s governmental system should ideally function as a government of the people, by the people, for the people, to borrow the famous words of Abraham Lincoln. In reality, the House of Representatives of the Republic of Indonesia, an institution which should best represent the nation’s people in carrying out its duty of drafting legislative products, still fails to do so, as it is dominated by men. Deep-rooted patriarchal beliefs cloud the nation, while inadequate and inefficient laws have also contributed to the present situation of low female representation in politics. This article therefore looks into the effectiveness various laws and regulations intended to protect women’s political rights. It assesses the effect of the low participation of women on the quality and gender-sensitivity of laws passed by the House of Representatives. It also evaluates the urgency to introduce affirmative action policies through the 1945 Constitution to increase women’s participation rates. The authors have used the normative-empirical method, consisting of a statutory, conceptual and comparative approach. Materials used for this research include interviews with prominent figures, analysis of the law and a comparative study. Through this approach, the article concludes that prevailing regulations in Indonesia require improvement, as there needs to be a shift from the present quota system to a system of reserved legislative seats in order to reap the benefits of equal participation.

Review: Risking Immeasurable Harm: Immigration Restriction and U.S.-Mexican Diplomatic Relations, 1924–1932, by Benjamin C. Montoya

Risking Immeasurable Harm makes an important contribution to the historiography by delineating the role that diplomatic pressure from the Mexican government played in limiting U.S. anti-immigrant measures in the pivotal period from 1924 to 1932. This period included the end of the so-called “Roaring Twenties” as well as the Great Depression. As historian Mai Ngai has argued, the 1920s featured attempts on a global scale to centralize the power of the nation-state—and specifically the notion of state sovereignty—by means of immigration restrictions. In 1926, B. Traven, a foreign-born resident of Mexico whose origins remain subject to debate, drove this point home in a possibly autobiographical novel, The Death Ship, which features a decrepit boat sailing the sea with a cargo of undocumented workers in search of a country to accept these migrants.Indeed, immigration restrictions were as powerful a political issue in the late 1920s and early 1930s as they are now. For Mexico, emigration to the United States served as an important escape valve at a time when three major rebellions—de la Huerta (1923–1924), Cristero (1926–1929), and Escobar (1929)—pitted citizens against a central government only gradually strengthening after the ravages of the first decade of the Mexican Revolution (1910–1920). At the same time, Mexican exiles threatened the stability of that government by plotting revolts, as Julian Dodson and others have demonstrated in recent scholarship. A well-regulated immigration policy hence benefited both governments.However, deep racial resentments precluded rational immigration policies. A State Department official considered Mexicans “backward, intellectually infantile, illiterate, prone to violence, inherently undemocratic” (p. 27). Advocates of legal restrictions believed Mexicans to be “a hazard to U.S. society and its institutions” (p. 126). Nonetheless, initial U.S. restrictions against immigrants from Mexico were “administrative” rather than “legislative” restrictions. In other words, restrictions were the result of a nascent immigration enforcement apparatus (much of which shared such ideas) rather than the product of legislation, and adherents of a quota did not get their wish, even after the onset of the Great Depression. In 1930, when a U.S. senator from Georgia, William J. Harris, proposed a bill instituting the first-ever quota system on Mexican immigration; administrative restrictions were so effective that “not a single common laborer…gained legal admittance into the United States for over a year” (p. 234). Thus, the Harris Bill failed precisely because administrative restrictions had been so effective. Not only had Mexicans been kept out, but the Great Depression had also eliminated the jobs that had attracted them in the first place. In addition, the U.S. government also removed U.S. citizens of Mexican descent from the national territory.One strength of the book is its binational lens on a topic that has usually been examined chiefly through an exclusively U.S. perspective. Montoya brings the Mexican perspective to life by drawing upon Mexican archival sources. However, these sources make fewer appearances in the notes than their U.S. counterparts. The author omits one important archive—the Fideicomiso Archivos Plutarco Elías Calles y Fernando Torreblanca, which houses the papers of several Mexican presidents and policymakers of the 1920s and 1930s and is particularly valuable for the study of foreign relations. Montoya only uses English-language scholarship, thus eliding the perspective of important Mexican scholars such as Lorenzo Meyer and many others. Therefore, Risking Immeasurable Harm is valuable as a study of U.S. immigration policy and the input in it provided by agents of the Mexican state and by the Mexican immigrants themselves. Montoya summarizes this input on p. 250 in explaining why the U.S. government opted for administrative restrictions over legislative strictures when it came to immigration from Mexico: “administrative restriction was the perfect compromise between a Westphalian sense of national sovereignty and a Wilsonian notion of more cooperative diplomatic relations.” From the Mexican perspective, the reality of how many Mexicans crossed the border was not as important as the absence of a formal discriminatory quota system and limits to a racialized discourse that discriminated against Mexicans.Taking an expansive view of immigration policies and practices beyond immigration law, this book is a valuable contribution to specialists interested in the history of immigration into the United States. It shows the complexity of the internal debates in the United States over immigration policy, as well as the role in Mexican diplomats and agents in these debates.