This legal research uses a conceptual approach and a statutory approach. This research was carried out by inventorying primary and secondary materials, so as to obtain an appropriate analysis and critical review of published legal issues. The purpose of the study was to analyze the dynamics of Large Scale Social Restrictions Policies, especially regarding the Regulation of Minister of Health Number 9 of 2020and analyze various problematic PSBB policies during the pandemic. This study states that the PSBB is different from regional quarantine. On the other hand, the PSBB regulation in the Regulation of Minister of Health Number 9 of 2020 also raises doubts.Then,the Chief of Police's Declaration Mak/2/III/2020 provided strong legitimacy to strengthen the PSBB policy in terms of public compliance.The PSBB policy by the Central and Regional Governments has left various problems. Starting from material errors, contradiction of the article in the Governor's Regulation, and the Governor's Regulation which is not based on the Law above. The solution that can be done is to revise the Government Regulation No. 21 of 2020 and conduct executive review of the Governor's Regulation.
This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill
Enigma emerged when the Constitutional Court declared that Law Number 11 of 2020 concerning Job Creation (UU CK) unconstitutional. The purpose of this legal research is to review the legal dynamics of the UU CK after the Constitutional Court Decision No. 91/PUU-XVIII/2020 based on the point of view of the formal review and procedural justice, as well as reviewing the relevance of the Decision as a monumental decision; while at the same time analyzing the phenomenon of 'conditionally unconstitutional' in the perspective of legal certainty and expediency. This legal research uses a conceptual approach and a statutory approach. The legal materials of this legal research consist of primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Constitutional Court Decision No. 91/PUU-XVIII/2020 is not a monumental decision, considering an omission of "freeze" norms from the UU CK. Meanwhile, if it is studied based on procedural justice and the conception of a formal review, then the UU CK should be null and void by law. Then, 'Constitutional Conditional' in the Decision of the Constitutional Court No. 91/PUU-XVIII/2020 provides legal chaos. There is a contradiction that the UU CK is declared not legally binding as a consequence of 'formal defects' from the process of forming the UU CK. Thus, the suggestion from the researcher is that the government can ratify a standard rule in the law regarding the formation of legislation regarding the construction of an omnibus law scheme.
Relasi kekuasaan antar Presiden dan Wakil Presiden dalam sistem ketatanegaraan Indonesia selama ini dapat dikatakan selalu mengalami pasang surut. Persoalan ini disebabkan pengaturan kewenangan Wakil Presiden dalam UUD NRI Tahun 1945 tidak jelas. Penelitian ini bertujuan untuk menganalisis implikasi yuridis dari kekaburan kewenangan Wakil Presiden serta memberikan rekomendasi ke depan bagaimana seyogyanya kewenangan Presiden dan Wakil Presiden dapat diatur dan dilaksanakan secara proporsional. Penelitian ini merupakan penelitian hukum normatif dengan bahan hukum primer berupa UUD NRI 1945 dan bahan hukum sekunder berupa buku dan artikel jurnal berkaitan dengan kewenangan Wakil Presiden. Dari penelitian ini dapat disimpulkan bahwa pengoptimalan kewenangan Wakil Presiden dapat dilakukan dengan mengaturnya di dalam Undang-Undang Lembaga Kepresidenan yang diharapkan dapat membagi secara proporsional kewenangan Presiden dan Wakil Presiden. Oleh karena itu, diharapkan supaya pengaturan Kewenangan Wakil Presiden diatur secara pasti dalam aturan hukum supaya tidak tergantung pada praktik ketatanegaraan serta faktor non hukum, yaitu faktor politik. Mengingat pentingnya fungsi Wakil Presiden dalam sistem ketatanegaraan Republik Indonesia maka alangkah baiknya, Undang-Undang Lembaga Kepresidenan yang mengatur mengenai pembagian wewenang antar Presiden dan Wakil Presiden segera dibentuk. The power relations between the President and Vice President in the Indonesian constitutional system so far can be agreed to always overcome the ups and downs. The 1945 Constitution of the Republic of Indonesia is unclear. This study aims to analyze the juridical implications of the obscurity of the Vice President’s authority and give approval to the front regarding the authority of the President and Vice President to be able to regulate and implement proportionality. This research is a normative legal research with primary legal material in the form of the 1945 Constitution of the Republic of Indonesia and secondary legal material containing books and journal articles about the authority of the president’s representative. From this research it can be concluded that optimizing the authority of the Vice President can be done with a license in the Law on Presidential Institutions which is expected to allocate proportional authority to the powers of the President and Vice President. Therefore, it is hoped that the Vice President’s licensing can be regulated in regulating legislation not dependent on state administration and non-legal factors, namely political factors. Considering the importance of the function of the Vice President in the constitutional system of the Republic of Indonesia, it would be nice, the Law on Presidential Institutions governing the distribution of powers between the President and the Vice President was immediately formed.
The purpose of this legal research is to describe the concept of Indonesian legal pluralism or Indonesian legal pluralism in facing the era of legal modernization; as well as describing the Indonesian legal pluralism strategy in integrating customary courts into the national legal system. This legal research uses a statute approach and a conceptual approach. In this legal research, the primary and secondary legal materials used are inventoried in order to obtain proper legal review; and provides a conceptual analysis of the legal issues discussed. The results of the study stated that as a novelty concept; The concept of typical Indonesian legal pluralism provides equality for the enactment of state law, transnational law and customary law so that they can run together based on the 1945 Constitution of the Republic of Indonesia in the era of legal modernization. Then, the concept of typical Indonesian legal pluralism can be used as a strategy to integrate customary justice into the national legal system through aspects of legal development. Thus, this research is expected to be useful theoretically; namely as a scientific development of customary law, and practical benefits; namely as a reference for drafting regulations on customary villages by local governments. Therefore, researchers recommend that the Indigenous Peoples Bill be a priority in the 2021 National Legislation Program (Prolegnas).
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