Demokratisasi sedang menjadi bahan pembicaraan dan harapan masyarakat saat sekarang. Hak alas kemerdekaan akses informasi juga mengetengah bahkan sudah disusun rancangan undang-undangnya. Apabila undang-undang akses informasi nantinya disetujui, akan menjadi kewajiban pemerintah dan lembaga negara /ainya untuk menyediakan informasi khususnya dengan pelaksanaan tugas mereka. Menyediakan informasi pertanggungjawaban pelaksanaan tugas berarti melakukan dokumentasi dengan benar. Uraian ini membahas kaitan antara dokumentasi, informasi dan demokratisasi. Bagi bangsa yang budaya dokumentasinya belumn dalam, rasanya kita perlu lebih awal mengenalkan kebiasaan mendokumentasikan apa-apa yang berguna sejak usia dini. Selain itu juga memulai penyadaran akan pentingnya memelihara dokumentasi keluarga.
AbstractProblems arises in the implementation of elections between the election of the President / Vice President who are no longer held separately such as previous Elections. The technical implications are related to the ability of the Constitutional Court to adjudicate disputes over the legislative and presidential elections which are certainly unbalanced with the number of justices and the limited time. This study aims to map the problems experienced by the Constitutional Court in adjudicating disputes over simultaneous election results. The research method used is normative legal research using conceptual, legislation, history and case approach. The results shows that a separation of authority is needed between the disputes over the results of the presidential / vice presidential election with disputes over the results of the DPR, DPD and DPRD elections. The separation is needed to ensure that the election dispute resolution process does not accumulate in one judicial institution and results in a decision which passes the time limit given. With the separation of authority in adjudicating disputes over the results of the presidential election and legislative elections, the Constitutional Court will only focus on adjudicating cases of outcome disputes and other institutions will also focus on prosecuting thousands of legislative electoral disputes. AbstrakTerdapat permasalahan dalam penyelenggaraan pemilihan antara pemilihan Presiden/wakil Presiden yang tidak lagi digelar terpisah. Implikasi teknis berkaitan dengan kemampuan MK dalam mengadili perselisihan pemilu legislatif dan Pilpres yang tentu tidak berimbang dengan jumlah hakim konstitusi dan limitasi waktu yang dimiliki. Penelitian ini bertujuan untuk memetakan problematika yang dialami oleh MK dalam mengadili perselisihan hasil pemilu serentak. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan konsep, peraturan perundang-undangan, sejarah dan kasus. Hasilnya, diperlukan pemisahan kewenangan mengadili antara perselisihan hasil pemilihan umum Presiden/wakil Presiden dengan perselisihan hasil pemilihan umum DPR, DPD, dan DPRD demi menjamin proses penyelesaian perselisihan hasil pemilihan yang tidak menumpuk disatu lembaga peradilan dan berakibat pada putusan yang melewati batas waktu yang diberikan. Pemisahan ini akan membuat Mahkamah Konstitusi hanya fokus mengadili perkara perselisihan hasil saja dan lembaga lain juga fokus mengadili perselisihan Pileg yang jumlahnya ribuan.
This study discussed the arrangement of the land value zone as the basis for a fair land valuation by the National Land Agency. The National Land Agency as an extension of the non-departmental government had the authority to regulate and carry out the allotment of land. This study used a normative juridical approach to address the legal problems encountered. The method used legislation and conceptual approaches. The results showed that the land value zone could be used as a basis for a fair land valuation by the National Land Agency. However, at present, there were no specific legal regulations governing land value zones which result in a vacuum and legal uncertainty so that regulations were needed that govern the operation of Land Value Zones. Legislation that was considered ideal was a ministerial regulation made by the Ministry of Agriculture and Spatial Planning/National Land Agency.
In Indonesia, regional regulation review, particularly regional regulations for taxes and regional levies, has entered a new phase following the passage of Law No. 1 of 2022 about Financial Relations between Central and Regional Governments. In accordance with the provisions of Article 245 of Law No. 23 of 2014 on Regional Government, the regional regulation of regional taxes and levies is one of the regional regulations that must first receive central government approval before being promulgated through a preventive monitoring mechanism while it is still in draft form. This provision is in accordance with the Constitutional Court Decision Number 137/PUU-XIII/2015 and the Constitutional Court Decision Number 56/PUU-XIV/2016 which have eliminated the authority of the central government to be able to carry out repressive supervision, and only allow the application of preventive controls. But then again, following the enactment of Law No. 1 of 2022, the provisions of Article 245 of Law No. 23 of 2014 concerning Regional Government were repealed and repressive supervision was reinstated, especially on regional regulations on regional taxes and levies through Article 99 Paragraph (2) of Law No. 1 of 2022 concerning the Financial Relations of the Central and Regional Governments. This research aims to determine the legal consequences of the enactment of Article 99 Paragraph (2) of Law Number 1 of 2022. This research is normative legal research that employs both a statutory and an analytical method. According to the findings of the author's investigation, Article 99 paragraph (2) of Law No. 1 of 2022 concerning Financial Relations of the Central and Regional Governments is not in accordance with Article 24A paragraph (1) of the Constitution of the Republic of Indonesia of 1945, and give rise to Dualism of Authority to review Regional Regulations of Regional Taxes and Levies in Indonesia, and thereby a judicial review must be submitted to the Constitutional Court as soon as possible.
This paper analyzes the issue of the rights of former prisoners in general elections in Indonesia. General Election Commission Regulation Number 20 of 2018 concerning the nomination of members of the People's Representative Council, Provincial DPRD, and Regency/City Regional People's Representative Council which is related to the provisions of Article 4 paragraph (3) and Article 7 letter (g) of the PKPU which emphasizes the necessity in the selection of prospective legislative candidates does not include former convicts of corruption, drug dealers, and sexual crimes. This research is a type of normative legal research. The approach taken is a statutory approach and a case approach, with analytical prescriptive legal analysis techniques. The meaning of the political rights of former prisoners in the perspective of Pancasila democracy is to withdraw the rights that have been given by the State, namely the right to be elected and to vote in the general election of a former prisoners solely to guarantee the recognition and respect for human rights and basic freedoms others, decency, public order, and the interests of the nation.
This article aims to analyze the legal implications of regulating the authority of the Regional Representative Council of the Republic of Indonesia (DPD RI) in supervising the draft regional regulations and regional regulations in Indonesia. This is based on the existence of a conflict of norms in Article 249 paragraph (1) letter j of Law Number 2 of 2018 with the Constitution, especially regarding the authority of the DPD RI itself. This study uses a normative juridical research method with a statutory and conceptual approach. The result of this study is the existence of legal uncertainty in the supervision of draft regional regulations and regional regulations. Because Article 22D paragraph (1) to paragraph (3) of the Constitution does not provide and does not mention the authority to monitor and evaluate draft regional regulations and regional regulations as stipulated in Article 249 paragraph (1) letter j of Law N 2 of 2018.
in this study conducted a study of the ratio legis regulation of the authority of the Regional Representative Council of the Republic of Indonesia (DPD RI) in Supervision of Draft Regional Regulations and Regional Regulations contained in Article 249 paragraph (1) letter j of Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014 concerning Regional People's Consultative Assembly, People's Representative Council, Regional Representative Council, and Regional People's Representative Council (MD3 Law). This research is normative legal research with a statutory and conceptual approach. The results of this study are the legislative authority ratio of the DPD RI in supervising the draft of regional regulations and regional regulations to strengthen the function of the DPD RI within the framework of the unitary state of the Republic of Indonesia, especially in maintaining the harmonization of regulations at the central level with regulations at the regional level in the form of draft regional regulations and regional regulations.
The issue of the article is "What are the implications of village institutional governance for village governance institutional governance?". The legis ratio of Law Number 6 of 2014 states in Article 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, while the subject matters prescribed includes two main material types of different villages. This study uses a normative legal research method with a prescriptive conceptual approach and statute approach. The theoretical basis used is the rule of law, the theory of legislation, the concept of local government,;the concept of authority, and the concept of M-P-F-A-A-C. The results showed that the village government regulated by Law Number 6 of 2014 is not an autonomous village but an independent village, not a customary law community unit and not a formal government. While the implications for governance in the Meaning aspect, happened to shift in the meaning of village government institutions from time to time; in the Positioning, the institutional status of village government as state-corporatism is a deviation in the administrative logic of local government; in the Functioning, the imposition of technocratic local government institutional function work is unrealistic to the institutional function of a self-governing community; in the Authorizing, authority over the principle of Recognition and Subsidiarity that is apparent from the government is outside the principle of decentralization; in the Actuating, the work apparatus of the village is not solid yet, showing poor regulation which also technocratic in Government Regulation Number 43 of 2014 Jo. Government Regulation Number 47 of 2015; in the Controlling, construction of checks & balances carried out by Village Council (BPD) are still ineffective due to weak apparatus competence and low community participation in the policy making process. In conclusion, Law Number 6 of 2014 has a 'contra-productive' implication for village governance institutional governance, therefore Law Number 6 ...
The prohibition or recommendation for the detention of workers 'original documents is not clearly stipulated in the labor law so that some employers detain or retain workers' original documents to be made to bind workers. This is permissible if it becomes an agreement between workers and employers, but of course there will be some risks borne by workers if the original documents are guaranteed. In this case a clear and definite rule is needed regarding the prohibition of hold or save of original documents of workers by employers as an effort to protect workers. The government has the authority to make regulations that can protect workers from arbitrary rules made by employers
Labor supervision affects employment conditions in a country. The study was conducted on the regulation of Labor supervision in Indonesia and the form of follow-up of Labor supervision in labor regulation in Indonesia. The statute, case, and conceptual approaches normatively support problem analysis. The study showed that in realizing the protection of workers, presenting a harmonious employment relationship did not materialize due to disparities until the transition of the Labor Supervision Authority between local government units and the central government, which became the discourse of labor so that the purpose of Labor supervision is not fully realized. The problem is increasingly complex with the birth of a substantively problematic job creation Perppu, the lack of labor inspectors with a wide area of work and workload technically tiered, labor conditions in emergencies, as well as the massive flow of foreign workers to Indonesia can be solved with the renewal of labor which includes fundamental changes certainly made to the substance of, changes in labor supervision mechanisms that emphasize more on factual supervision by going directly to places or areas that have labor problems, regulation of the form of Labor supervision in the work area and workload and certain emergency conditions, as well as the active involvement of unions in the labor supervision process.
Inclusive education has many different meanings and interpretations. There is still some uncertainty about the difference between inclusive and special education for individuals with disabilities, sometimes known as special schools (SLB). Meanwhile, the term inclusive education is not known in the National Education System Law, which uses the term "special education and special services," which is explained in Article 32 of Law No. 20 of 2003 concerning the National Education System: (i) Special education is education for students who have difficulty levels. Participating in the learning process due to physical, emotional, mental, social, intellectual potential and special talents. (ii) Special service education is education for students in remote or underdeveloped areas, remote indigenous peoples, and experiencing natural disasters, social disasters, and economically disadvantaged. This research's problem approaches are conceptual, statutory, and case approaches. Based on this, we found that the ambiguity of norms affects the pattern of providing education for persons with disabilities, namely the dualism of providing education for persons with disabilities with a special and inclusive approach which has an impact on legal uncertainty in norms, concepts and implementation.
The problem in this study is related to the fulfillment of the principle of justice in making birth certificates intended for children born outside of marriage which is carried out legally between the two parents. This article is normative juridical research with a statutory and conceptual approach. The results of this legal research show that the principle of justice for illegitimate children can be fulfilled by adjusting the provisions regarding the making and issuance of birth certificates for illegitimate children based on the provisions on the status of illegitimate children in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010. Its cause in contrast to the provisions of the Indonesia Marriage Law regarding the distributive status of children outside of marriage, justice for children in the provisions of the status of children outside of marriage in the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 is more commutative. Furthermore, the provisions regarding the status of children out of wedlock in the Constitutional Court Decision Number: 46/PUU-VIII/2010 are teleologically more able to provide benefits and fulfill the purpose of establishing the rule of law and in line with the principle of child protection, namely the best interests of the child. The decision of the Indonesia Constitutional Court Number: 46/PUU-VIII/2010 can be implemented by creating a civil relationship between the child out of wedlock and the biological father and the family of the father. In addition, the Indonesia Constitutional Court Decision Number: 46/PUU-VIII/2010 also has an impact on the administrative field, namely by being able to issue birth certificates for children out of wedlock by including the name of the biological father, so that it is not limited to only including the name of the biological mother.
