The state has a strategic role to stop poverty. Such
Indonesia have regulated the trafficking since the Criminal Code (KUHP) era, the Act 39 of 1999 concerning Human Rights, the Act 23 of 2002 about Protection Child until currently we have the Act 21 of 2007 concerning Trafficking in Persons. However, the trafficking in persons cases increase dramatically and the law enforcement of trafficiking in persons was not function well. There are caused by some factors such as: the lack of sanction, the lack awareness of society, lack socialization of Trafficking in persons, and lack of victim awareness reporting the trafficking in person’s case to the police. From the social perspetive, the poor condition of the victim also become crusial factor caused weak of the law enforcement of trafficking in persons. Trafficking in persons in reality is not only breaking the Act 21 of 2007 and others trafficking in persons regulation but also tend to against the principle humiliated standard and human dignity and against of the human rights.
Happening phenomenon in law enforcement at current Indonesia is while justice progressively most moves over. Justice tend is ignored in law enforcement, eventually justice is fundamental and realities of laws. Even frequent being said justice is its heart of law, therefore while in law enforcement justice be ignored, law becomes not wherewith. Justice institute as institute foremost and castled deep enforcement episodic law functions as institute of place law to be kidded, commercialized and even commercial it’s called with jurisdiction mafia. That jurisdiction mafia takes shelter at turns back rule of law. To rule of law, justice and utility is sacrified. Apparatus enforcer law just focussed on legal security aspect without tries to respond society justice charge that wants that deep law enforcement to be done by that progressive ala close to justice point in society. It visually of justice verdict those are assessed soft especially in impacted corruption matter negative to realize it national aim which is society which fairs and affluent.
<p><em>This study aims at analyzing the existence of Constitutional Court Ruling No. 91/PUU-XVIII/2020 (Job Creation MK Decision) after Law No. 6 of 2023 concerning Job Creation. This research is a normative legal research by prioritizing case approaches, concepts, and legislation. The results of the study confirmed that the existence of the Job Creation MK Decision after the passage of the Job Creation Law was as if the Job Creation MK Decision was between "there and not". It is said that there is because it is used as a juridical basis in the Job Creation Law, however substantively the Decision of the Job Creation MK, especially the constitutional order to substantively improve the Job Creation Law by involving meaningful community participation, has not been implemented. Because, the government (in this case the President) actually uses the Job Creation Law instrument which substantively denies the Job Creation MK Decision. The legal implications of the Job Creation MK Decision after the Job Creation Law was passed is that the Job Creation Law has actually violated the substance of the Job Creation MK Decision. It can be seen that the Job Creation MK Decision orients the reformulation of the Job Creation Law through meaningful participation involving all components of society. The existence of disobedience to the Job Creation Law against the Decision of the Job Creation MK has the potential to cause a phenomenon of disregard for the constitution (constitutional disobedience). Therefore, in the future it is necessary to formulate the forms and types of sanctions against the Constitutional Court's Decision and also be oriented to the Constitutional Court being able to review a Law or UU that contradicts the Constitutional Court's Decision.</em><strong><em> </em></strong></p><p>Penelitian ini bertujuan pada analisis atas eksistensi Putusan Mahkamah Konstitusi No. 91/PUU-XVIII/2020 (Putusan MK Cipta Kerja) pasca disahkannya UU No. 6 Tahun 2023 tentang Cipta Kerja. Penelitian ini merupakan penelitian hukum normatif dengan mengedepankan pendekatan kasus, konsep, dan perundang-undangan. Hasil penelitian menegaskan bahwa eksistensi Putusan MK Cipta Kerja pasca disahkannya UU Cipta Kerja seolah-olah Putusan MK Cipta Kerja adalah antara “ada dan tiada”. Dikatakan ada karena dijadikan landasan yuridis dalam UU Cipta Kerja akan tetapi secara substantif Putusan MK Cipta Kerja khususnya perintah konstitusional untuk memperbaiki UU Cipta Kerja secara substantif dengan melibatkan partisipasi masyarakat secara bermakna, justru tidak dilaksanakan. Pemerintah (dalam hal ini Presiden) justru menggunakan instrumen UU Cipta Kerja yang secara substantif mengingkari Putusan MK Cipta Kerja. Implikasi hukum Putusan MK Cipta Kerja pasca disahkannya UU Cipta Kerja adalah bahwa UU Cipta Kerja sejatinya telah melanggar substansi dari Putusan MK Cipta Kerja. Hal ini dapat dilihat bahwa Putusan MK Cipta Kerja mengorientasikan perumusan ulang UU Cipta Kerja melalui partisipasi yang bermakna dengan melibatkan segenap komponen masyarakat. Adanya ketidaktaatan UU Cipta Kerja terhadap Putusan MK Cipta Kerja berpotensi membuat adanya fenomena pengabaian terhadap konstitusi (<em>constitutional disobedience</em>). Oleh karena itu, ke depan perlu diformulasikan bentuk dan jenis sanksi terhadap Putusan MK serta diorientasikan pula MK dapat melakukan pengujian terhadap suatu undang-undang atau UU yang bertentangan dengan Putusan MK.</p><p><strong> </strong></p><p><strong><em> </em></strong></p><p><strong> </strong></p>
Modes of transportation and road facilities as well as security in traffic area the basic human rights of persons with disabilities, especially wheelchair users. In developed countries, transportation modes such as buses have been designed for facilitate wheelchair usesr by bus. So the streets are already marked for wheelchair user. In particular the human rights of persons with disabilities are guaranteed by the law of Republic of Indonesia number 39 of 1999 on human rights. But in really not yet. All modes of transportation such as city buses and intercity buses and intercity buses are designed to facilitate wheelchair users. Even if there is very limited. Even if there is very limited. Should the state through its apparatus be at the forefront of the fulfillment of the human rights of disabled people especially the wheelchair users in traffic in Indonesia. This is done not only by making laws about people with disabilities but also ensuring their rights are well done.
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