Dyssynchronization of law in investment Held happens in vertical and horizontal relationship. For example, relationship between the Decree of Investment Ministry/ Chief of Capital Investment Coordinator Agency Number 37/SK/1999, it follows decentralization principle. When it is related with the Decree of President of Republic of Indonesia Number 29 Year 2004, it follows centralization principle. According to Law Number 32 Year 2004, in the relationship between Regency/City government with another there is dyssynchronization because each regions only sued for optimal PAD increment, therefore many regional rules (Perda) which are established by Regency/City government tend to obstruct capital investment in the Regency/City area. With dyssynchronization above, there is uncertainty concerning with the effect of law to investor, and finally, the number of unemployment is increasing.
Government in performing national development really needs capital investment whether capital investment inside the country or capital investment in outside the country, especially in industrial sector. Difficulties in performing the development are caused by lack of capital, ability in technology, knowledge, experiences and skills, and it 's nature is multi-dimensionality, therefore there is a need of a big capital. The efforts of central government and City government in attracting investment have been performed such as the lessen of bureaucracy paths, the given of guarantee to political and security stability, and law certainty besides the giving of incentive forms to the investors, therefore, they will be believe and have faith that capital investment in industrial sector will give much advantages to investors.
Banking is an important element in the development of a country. The function of the bank as that financial intermediary institution is crucial for the success or failure of community economic development in a country. Syariah Banking Regulation in Act No. 7 of the year 1992 as amended by Act No. 10 of the year 1998 was not specific and less accommodate of the operational characteristics of Syariah Banking so that was born the law of No. 21 of the Year 2008 concerning Syariah Banking. Syariah banking is banking that is based on Syariah principles. Also based to economic democracy and the precautionary principle, it should contain the values of justice, solidarity, equity and expediency.
Banking is an important element in the development of a country. The function of the bank as that financial intermediary institution is crucial for the success or failure of community economic development in a country. Syariah Banking Regulation in Act No. 7 of the year 1992 as amended by Act No. 10 of the year 1998 was not specific and less accommodate of the operational characteristics of Syariah Banking so that was born the law of No. 21 of the Year 2008 concerning Syariah Banking. Syariah banking is banking that is based on Syariah principles. Also based to economic democracy and the precautionary principle, it should contain the values of justice, solidarity, equity and expediency.
AbstractThis study aims to determine legal protection for workers against wage issues during the Covid-19 pandemic. Research in this journal uses a normative research method. Article 88a paragraph (1) of Law Number 11 of 2020 concerning Work Copyright states: that labor rights to wages arise when a work relationship is established between workers and entrepreneurs/companies and ends when the employment relationship is terminated. The results of the study concluded that in terms of labor wage protection and protection for workers in their place of work, entrepreneurs/companies can postpone wage payments (if the entrepreneur/company cannot pay wages according to the minimum wage), by initiating negotiations with workers or labor unions related to the suspension. The postponement of payment of minimum wages by employers to workers does not immediately eliminate the obligation of employers/companies to pay the difference in minimum wages during the suspension. With the existence of Covid-19 the government issued SE No. M/3/HK.04/III/2020 concerning Labor Protection and Business continuity in the context of preventing Covid-19. So that the issuance of the Ministerial Decree is expected to help provide protection and work continuity for workers/laborers and maintain business continuity.Keywords: employment; wagesAbstrakPenelitian ini bertujuan untuk mengetahui perlindungan hukum bagi pekerja terhadap masalah upah di masa pandemi Covid-19. Penelitian dalam jurnal ini memakai metode penelitian normatif. Pasal 88 huruf a ayat (1) Undang-Undang Republik Indonesia Nomor 11 Tahun 2020 tentang Cipta Kerja menyatakan bahwa Hak buruh atas upah yang timbul saat terjalin hubungan kerja antara buruh dengan pengusaha/perusahaan dan berakhir saat terjadi putusnya hubungan kerja. Hasil penelitian disimpulkan bahwa dalam hal perlindungan upah buruh dan perlindungan bagi buruh di tempatnya bekerja pengusaha/perusahaan bisa melakukan penangguhan pembayaran upah (jikalau pengusaha/perusahaan tidak dapat bayar upah sesuai upah minim), dengan diawali melakukan rundingan dengan buruh atau serikat pekerja terkait penangguhan tersebut. Penangguhan pembayaran upah minim oleh pengusaha kepada buruh tidak langsung menghilangkan kewajiban pengusaha/perusahaan untuk pembayaran selisih upah minim selama penangguhan. Dengan adanya Covid-19 pemerintah mengeluarkan SE No. M/3/HK.04/III/2020 mengenai Perlindungan Buruh dan kelangsungan Usaha dalam rangka pencegahan Covid-19. Sehingga dengan dikeluarkannya SE Menaker tersebut diharapkan dapat membantu memberikan perlindungan dan kelangsungan bekerja bagi pekerja/buruh serta menjaga kelangsungan usaha.
Juridically, there is no clear and firm regulation related to the understanding and qualifications of malpractice advocates in Indonesia (there is a legal vacuum), but theoretically there have been many concepts and doctrines relating to legal malpractice, especially advocacy malpractice. In a sociological perspective, there have been many cases of advocacy malpractice that have emerged in the implementation of advocate practices in Indonesia. Meanwhile, in the perspective of legal philosophy, advocates as a noble legal profession (officium nobile) have no fair and certain formula for handling and settlement, both for clients who receive bad service from advocates and for advocates themselves as law enforcement officers. Based on the juridical, sociological, theoretical and philosophical reasons above, it is considered important to discuss the qualifications of an act including the malpractice of the Advocate profession and the forms of accountability of the advocate profession for advocacy malpractice cases. Therefore, this research uses normative legal research. Based on the results of the discussion, this study has the conclusion that the qualifications or parameters of the malpractice act of an advocate, if it meets the following requirements: (1) The existence of legal services provided by an advocate (rights and obligations); (2) Legal services are provided in: (a) below the applicable professional standards; (b) awarded in violation of the "fiduciary" obligation of the advocate; (c) defaults on contracts for providing legal services, or; (d) provided in a manner contrary to applicable law and code of conduct; (3) The advocate's actions take the form of acts against the law (intentional or negligence); (4) There are losses to the client; and (5) The loss is caused by the act of providing legal services by the advocate. There are three forms of advocacy accountability, namely ethical responsibility, juridical responsibility and disciplinary responsibility.
Principle of imbalance is very necessary in bisnis contract. But not so in the consumer contract, the existence of the principle of balance is often ignored.It is caused by several factors including the position the unbalanced parties, the rapid development of the business world, unfair business competition, monopolistic practices, as well as the regulatory civil law (aanvulenrechts), so it is easy to be disregarded by the parties including the consumers. In fact, it is not uncommon to ignore this principle of equality caused by the wishes of the parties sendiri.Untuk it required government intervention as a regulatorfor imposing the use of the principle of balance in the consumer contract.Keywords: consumer contract, balance principle, waiver, debitor protection
AbstractThe center of local political power which is grounded with the issuance of Law Number 6 of 2014 concerning Villages which is personified through the Village Head and his apparatus is said to be the Village Government. Through the application of the good governance pattern for the government system, it is very necessary to use the principle of transparency and or the principle of openness as mandated by Article 26 paragraph 4 letter (f) of Law Number 6 of 2014 concerning Villages with Article 24 of Law Number 6 of 2014 concerning Villages. However, these two articles are in conflict The potential for misappropriation of these funds will be more open, namely in the case of corruption so that there is a need for control through the pattern of good governance. The purpose of this paper is to analyze and examine the normative problem of conflicting norms on the principle of transparency and the principle of openness in the pattern of good governance based on e-government which affects the management of village income sources. The research method used is normative research. Then use statute approach and the conceptual approach. The principle of good governance can be used as an embodiment of the concept of transparency and openness which tends to have conflicting norms. This includes the use and obligation in every government system even at the village level to use the e-government pattern in achieving good governance. The management of village income sources carried out by applying the principles of good governance is very relevant to the era of bureaucratic reform which is currently being programmed by the government because it is considered to have many benefits because it is in accordance with e-government policies in the Indonesian government system. AbstrakSentra kekuasaan politik lokal yang dibumikan dengan terbitnya Undang-Undang Nomor 6 Tahun 2014 tentang Desa yang dipersonifikasi melalui Kepala Desa dan perangkatnya dikatakan sebagai Pemerintahan Desa. Melalui penerapan pola good governance bagi sistem pemerintahan maka sangat perlu menggunakan prinsip transparansi dan atau prinsip keterbukaan sebagaimana amanat Pasal 26 ayat 4 huruf (f) Undang - Undang Nomor 6 Tahun 2014 tentang Desa dengan Pasal 24 Undang-Undang Nomor 6 Tahun 2014 Tentang Desa. Namun kedua pasal ini mengalami pertentangan. Kekhawatiran ini muncul ketika Kepala Desa dengan segenap kewenangannya dimana salah satunya adalah diberikan kewenangan untuk mengelola sumber keuangan desa untuk mengembangkan sumber pendapatan desa sebagaimana yang tertuang dalam Pasal 26 ayat (1) Undang–Undang Nomor 6 Tahun 2014 tentang Desa. Potensi untuk melakukan penyelewengan terhadap dana tersebut akan semakin terbuka yakni dalam kasus korupsi sehingga perlu adanya kontrol melalui pola good governance. Tujuan dari penulisan ini adalah untuk menganalisis dan mengkaji permasalahan normatif adanya pertentangan norma pada asas transparansi dan asas keterbukaan pada pola pemerintahan yang baik yang berbasis e-government yang mempengaruhi terhadap pengelolaan sumber pendapatan desa. Metode penelitian yang digunakan adalah penelitian berjenis normatif. Kemudian menggunakan pendekatan pendekatan perundang-undangan (statute approach) dan pendekatan konsep (conseptual approach). Prinsip good governance dapat dijadikan sebagai perwujudan terhadap konsep transparansi dan keterbukaan yang cenderung memiliki pertentangan norma. Melalui prinsip good governance ini, sistem politik dan suasana politik sangat berpengaruh dalam proses penegakan hukum. Termasuk didalamnya yakni penggunaan serta kewajiban dalam setiap sistem pemerintahan bahkan di tingkat desa untuk menggunakan pola e-government dalam mencapai good governance. Pengelolaan sumber pendapatan desa yang dilakukan dengan menerapkan prinsip good governance sangat relevan dengan era reformasi birokrasi yang saat ini sedang diprogramkan oleh pemerintah karena dipandang memiliki banyak manfaat karena sesuai dengan kebijakan e-government dalam sistem pemerintahan Indonesia.
The type of research used in this research is normative legal research. The ratio of legislative norms limiting applications for cancellation of regional head election results contained in Article 158 paragraph (1) and paragraph (2) of Law no.10 of 2016 is to ensure that the cases submitted are cases that have significance with the electability of pairs of candidates for regional head and deputy regional head and to avoid the large number of dispute requests submitted by pairs of candidates for regional head and deputy regional head who feel aggrieved to the Court Constitution. Second, Article 158 paragraph (1) and paragraph (2) of Law Number 10 of 2015 is an open legal policy that forms the law as an effort to encourage the development of an increasingly mature political ethics and culture. The existence of the threshold norm of the difference in votes in reality is not in line with the principle of protecting human rights as mandated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, because it will hinder the rights of citizens to obtain legal protection and fair legal certainty. Not all cases of dispute over the results of regional head elections that are submitted to the Constitutional Court meet the threshold for the difference in votes in Article 158 paragraph (1) and paragraph (2) of Law no. 10 of 2016. The breakthrough made by the Constitutional Court as an effort to realize substantive justice for justice seekers, but this condition creates legal uncertainty.
For law enforcement in the IEEZ in the context of Indonesia's national interest in the marine sector, the Indonesian Navy, the Maritime Security Agency (Bakamla), and the Ministry of Maritime Affairs and Fisheries (KKP) have carried out the execution of the sinking of foreign fishing vessels caught carrying out illegal fishing practices in the territorial waters Indonesia. This policy is intended as a stern warning to the perpetrators of illegal fishing as well as a form of Indonesia's commitment in monitoring and enforcing the law in Indonesian marine areas, which will continue to be carried out in order to have a deterrent effect on the perpetrators. However, the act of catching foreign fishing vessels is carried out, still based on the applicable rules and regulations, as well as the fulfillment of sufficient initial evidence. Sufficient preliminary evidence to arrest a foreign-flagged fishing vessel is evidence that suspects a criminal act in the field of fisheries by a foreign-flagged fishing vessel.
The existence of Communal Lands is increasingly threatened by the power of capital through various means which then excludes and even eliminates community access to their customary lands and forests. The issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration which states that Customary Land, which in this case is Communal Land, can be granted Management Rights, creates new problems, namely prone to commercialization of the land. The existence of the potential for commercialization will certainly have an impact on the survival of the customary law community in the area. This study will analyze the nature of the protection of the rights of indigenous peoples to customary lands and the urgency of legal protection of customary lands of customary law communities from the potential for commercialization of land. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach and a philosophical approach. The results of the research conclude that the nature of the protection of the Rights of the Indigenous Law Community on Ulayat Land is to respect and protect local cultural identity and preserve nature in the area and also universally the existence of indigenous peoples has been recognized. The urgency of legal protection of the customary land of customary law communities from land commercialization is to preserve nature and the survival of the indigenous peoples themselves. The existence of normalization of the legal protection of the rights of indigenous peoples over customary land will be able to provide justice in the event of land disputes with large investors.
The rule of law through the government must provide public services for its people. In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.
