The purpose of this paper is that the author tries to explain the birth of the concept of risk-based licensing (RBA) in Indonesia which is regulated in Government Regulation Number 5 of 2021. The author elaborates on the transformation of the concept of risk-based approach license and its role in replacing the previous licensing concept. The author also analyzes this policy more deeply through the ROCCIPI Method to find weaknesses and provide recommendations. Licensing in Indonesia so far still has many weaknesses, including regulations that are not yet harmonious, the difficulty of licensing bureaucracy, and low investment realization. With this, the government carried out deregulation and debureaucratization to give birth to licensing reform in Indonesia. The government introduced a new licensing concept called the Risk-Based Approach or RBA which changed the licensed-based concept to risk-based. Based on the scope of research, in writing this manuscript, the author uses a normative juridical research method. The conclusion that comes from this paper is that the RBA is a bold step taken by the government, and so far it has had a good impact in terms of accelerating the issuance of permits. On the other hand, there are still many components that need to be maximally improved by the government such as the readiness of the OSS RBA system, readiness of human resources, and also improving the quality of public services so that licensing reform in Indonesia is not just an idea but can be fully realized through this regulation.
For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
The research aims to find out how discretion is implemented as a form of government policy innovation in Indonesia. The importance of discretion for local governments to provide innovative policies for ideal government services. This study uses normative legal research methods with statutory approaches, conceptual approaches, case approaches, and comparative approaches. The analytical method used is descriptive and prescriptive methods. The results of the discussion show that discretionary arrangements that are implemented as a form of government policy innovation are steps that must be taken in supporting innovative officials as an effort to find common ground between innovation and law, not to be passive in realizing innovation. Discretionary criteria as government policy innovations in their implementation are assessed based on four aspects: authority, limits, testing, and judicial control. The ideal discretionary model in making innovation policies to realize bureaucratic reform must be based on the main values of the welfare state. In addition, discretionary policies must follow Pancasila values, as well as collaboration between authorities. Discretionary policies must follow the general principles of good governance (AUPB). Thus, it is necessary to have additional principles as a basis for implementing discretionary innovation policies in realizing bureaucratic reform, namely the principle of motivation, the principle of fair play, the principle of prohibition of detournement de pouvoir, the principle of justice, the principle of freedom, the principle of integrity, the principle of real goals, the principle of effectiveness and the principle of participation.
Technology in human life lately is increasingly needed and continues to develop. One form of development that occurs is the emergence of the Live Streaming feature. This feature appears on various social media platforms. There are even new applications that are intended to do Live Broadcasting-unfortunately, not only positive things that emerged due to this development. There have been several cybercrimes (cyber laws) that have negatively influenced internet users. Among them is the emergence of internet pornography. There is much Live Streaming that contains pornography in Live Broadcasting applications. The approach method used in this research is normative juridical, by examining the literature and reviewing positive law, which relates to the Law of Technology, Information and Electronic Transactions, and the Law of Pornography. This research will study the most appropriate way to regulate how Live Streaming containing pornography is viewed from Law Number 11 of 2008 jo. Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE act) and Law Number 44 of 2008 concerning Pornography (Pornography act) and actions that the Government can take to minimize pornographic content on Live Streaming on social media in Indonesia.
Nowadays, technological developments cannot be avoided. Technological developments in this era are to facilitate every human activity. The development of technology today is marked by the number of applications that can facilitate the community's affairs. An example is the application of the Community Online Service from the Population and Civil Registry Office of Bandar Lampung City called Pelayanan Online Masyarakat Duduk Manis (Permen Manis). This application is expected to help community services to help manage population documents and realize an effective and efficient government. The problem identified is the application of digital bureaucracy in the Population and Civil Registration Office, or Dinas Kependudukan dan Pencatatan Sipil (Disdukcapil) of Bandar Lampung City realizes an effective and efficient government? The research uses normative legal research by collecting and analyzing secondary data. by looking to the public's comments, especially on Permen Manis application users in Bandar Lampung’s Civil Registry Office. By this article the researcher hope the government in Bandar Lampung could improve the services towards the people in Bandar Lampung.
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