Pekerjaan dan penghidupan yang layak bagi kemanusiaan adalah bagian dari hak asasi bagi setiap orang, termasuk Penyandang Disabilitas, sehingga UUD 1945 memberikan jaminan dan perlindungan hukum bagi pelaksanaannya. Permasalahannya adalah sikap diskriminatif terhadap penyandang disabilitas dan tingkat pendidikan penyandang disabilitas yang rendah sebagai kesenjangan antara penyandang disabilitas dengan pekerja non disabilitas. Ketiadaan data pasti terkait jumlah tenaga kerja penyandang disabilitas baik sektor swasta maupun sektor non swasta (PNS, BUMN dan BUMD) menimbulkan permasalahan tersendiri dalam perlindungan bagi penyandang disabilitas. Ketentuan minimal kuota 2 persen yang wajib bagi pemerintah, PEMDA, BUMN, dan BUMD dan 1 persen bagi perusahaan swasta dari jumlah pegawai atau pekerja dalam UU Penyandang Disabilitas ternyata juga tidak cukup memberikan perlindungan bagi Penyandang Disabilitas. Penelitian ini merupakan penelitian hukum normatif untuk meneliti peraturan perundang-undangan agar diperoleh keadilan bagi penyandang disabilitas. Hal itu menjadi sangat penting sebagai bentuk komitmen pemerintah melalui pengawasan dan pembenahan kebijakan menjadi sangat penting agar penyandang disabilitas memperoleh pekerjaan dan penghidupan yang layak.
Constitutional Court Decision No. 5/PUU-X/2012 is very important and interesting to be studied because due to its implications and implementation. Ministry of Education and Culture as the addressat of the decision make transitional policy regarding on how to eliminate the policy concenring International Standard School/ International-Standard School Pilot Project (SBI/RSBI). In fact, transitional policy is not addressed and does not have a legal basis in the implementation of the decision. There is a conflict between the normative provisions that Constitutional Court Decision are binding since pronounced in an open session for the public with the certainty of cross-state agency collaborative cooperation to implement the Court Decision. Therefore, there’s a need to investigate this Decision at the practical leve on how the decision is implemented. This research is doctrinal in which the object of the research is laws and regulations and other legal materials, in this case, the Constitutional Court Decision No. 5/PUU-X/2012. In addition, field studies are also conducted by way of searching mass media news which is important to be done in order to know the response of the public on how to implement the Constitutional Court Decision No. 5/PUU-X/2012. The results showed that (1) the implications of the Constitutional Court Decision No. 5/PUU-X/2012 is that it eliminates the legal basis of RSBI policy. Consequently , the implementation of SBI/ RSBI should be stopped because it has lost its legal basis since the judgment is pronounced. In addition, the Government through the Ministry of Education and Culture, shall implement the decision, including to repeal or revise the technical regulations that become legal framework of RSBI, (2) The implementation of the Constitutional Court Decision No. 5/PUU-X/2012 can be seen in two categories, namely: (a) spontaneous implementation, which is implementation by some education authorities and the schools themselves by removing the attributes of SBI/RSBI shortly after the Constitutional Court’s decision was pronounced, without waiting for further instruction by Ministry of Education and Culture, and (b) a structured implementation through the Ministry of Education and Culture by issuing Circular of Minister of Education and Culture No. 017/MPK/SE/2013 about RSBI Transition Policy. Although this policy is contrary to normative-imperative provisions, the measure taken by the Ministry of Education and Culture to establish a transition policy is the most probable step taken in order that the Constitutional Court Decision No. 5/PUU-X/2012 can be implemented as it should be.
Marriage is something sacred, must be respected, the eternality of which must be protected and conducted jointly between a man and a woman as husband and wife so as to achieve a common goal. However, in reality, lots of marriages end with divorce and is considered as the best way for both partners. When a divorce occurs women is always in a weak position including in the divison of marital property if one party does not have a good faith. Bank as the depository institution maintains the confidentiality of depositors and their deposit which is on the one hand beneficial for depositors since information related to depositors and their deposit can be kept confidential, but on the other hand, it is disadvantageous to interested parties that is a wife who does not know the amount of funds deposited in her husband’s name in a bank which is a marital property of husband and wife acquired during their marriage. Thus, the wife’s constitutional rights to protection of property under his control and property rights in accordance with Article 28G paragraph (1) and Article 28H Paragraph (4) of the 1945 Constitution is not protected. The Constitutional Court as the guardian of the constitution has the authority to examine, try and decide the case of judicial review of Law No. 1 of 1974 on Marriage (Marriage Act) and declare the law conditionally constitutional in the case of bank confidentiality regarding information related to depositors and their deposit to the interests of justice in a civil case concerning the division of maritall property due to divorce.
Although Law Number 8 of 1999 on Consumer Protection has been enforced for 20 years, there are regulations to protect consumer, and submissions to the Constitutional Court 3 times, the material of Consumer Protection Law has never been canceled and changed. This normative juridical study aims to analyze whether or not the Consumer Protection Lawneeds to be amended to fulfill the legal necessities of the community. Merchant (bank) with the Central Bank of Indonesia policy compete to provide the best promotions so that customers are interested. The selection pay with electronic money causes the powerlessness of consumers to prefer buying goods/services cheaper with cards rather than cash without any promotion of the price of goods/services or pay normal prices as inappropriate to consumers that pay non-cash. Discrimination or different treatment of the price of goods or services that harm consumers who transact in cash result unfairness does not protect the dignity of consumers.
Legislation in its formation is influenced by the direction of policy. Prolegnas often defeated by political interests, that determination depends on the political direction of the lawmakers that the legislation referred to as a political product. Prolegnas is part of the political establishment and management of legislation that are instrument-building program planning Act arranged in a planned, integrated, and systematic is needed to organize the national legal system. The Law 12/2011 indicates that the substantive content of the law must satisfy the principle of justice and the rule of law. In addition, the preparation of legislation must meet the elements of the rule of law, benefits, and equity in equal proportion. Thus, the Law 2/2012 that was in the National Legislation Program is a legal product that can provide justice for the people.
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