The Dilemma of Indonesia Welfare State Challenge of Realizing Social Welfare  in the Global Era

Tisnanta, HS; Reinaldo, James; Fathoni, Fathoni

doi:10.25041/fiatjustisia.v11no3.936

Cited by 3 publications

(4 citation statements)

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“…The basic characteristics of responsive law as a feature of modern law are quoted by R. Otje Salman and Ronny Hanitijo Soemitro as stated by Marc Galanter, including: (Tisnanta et al, 2018) a. consists of uniform and consistent rules in its application that are territorially oriented without discriminating against religion, gender, ethnicity, or caste. b. transactional, universal, rational, bureaucratic, and flexible (not sacred).…”

Section: Characteristics Of Social Welfare-oriented Legal Products In...mentioning

confidence: 99%

Legal Politics Economic Democracy in Indonesia

Sujono

Nasution

2023

J. Business. Manage. Economic.Development.

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This research aims to explain process of developing the Indonesian nation in this global era requires a strong economic system so that the general welfare of the people can be realized following the state objectives listed in the Fourth Paragraph of the Preamble of the 1945 Constitution. To realize these state objectives are further regulated in Article 33 of the 1945 Constitution (Post Amendment). Article 33 of the 1945 Constitution provides a foundation for building and developing the Indonesian economy. Apart from that, it can also be used as a filter by the government and the people of Indonesia in dealing with the negative impacts of the development of liberalization in the world economy in the 21st century. However, the Indonesian economic system which is based on Article 33 of the 1945 Constitution, at the level of implementation regulated by law, is not in line with the goals of the state and the interpretation of Article 33 of the Constitution itself, in the end, it is often not achieved in building and realizing an Indonesian economy that can realize people's welfare or people's prosperity. This is because the legal politics of the legislators wrongly designed the implementation of legal products in the Indonesian economic system which is based on a family economy called cooperatives which is difficult to materialize and is only for certain interests.

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Section: Characteristics Of Social Welfare-oriented Legal Products In...mentioning

confidence: 99%

Legal Politics Economic Democracy in Indonesia

Sujono

Nasution

2023

J. Business. Manage. Economic.Development.

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“…This provision mandates that; a) economy organized based on familial system as the common grounds; b) the essential production sector, which would be essential for the country and its people, shall be under the control of government; c) the land, water, and all natural resources will therefore be under the control of the State and shall be used for the highest benefit of people; d) the national economy entity carried out in compliance with the concept of economic democracy while maintaining a balance in progress and the unity of the national economy. From this vantage point, it is transparent that the foundation of the Indonesia 1945 Constitution in economic and social welfare is to pass legislation and policies based on public sovereignty and social justice within the framework of democracy [28].…”

Section: Public Trust Doctrine In Indonesian Law Systemmentioning

confidence: 99%

Public Trust Doctrine in Indonesia: Expectation and Prospect

Hapsari

Suswoto

Ariyani

2022

IOP Conf. Ser.: Earth Environ. Sci.

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Public Trust Doctrine (PTD) is a principle that states the government holds the trust of natural resources for public interest or public use above all interest, even if it is already a private-owned property. A similar clause can be found in Article 33 (3) of Indonesia’s 1945 Constitution that states all of the vital natural resources are under the control of the State and used for the maximum benefit and prosperity of the people. On the contrary to its Constitution, Indonesia’s government enacted many unfortunate regulations that promote unsustainable exploitation of natural resources and tossing aside public interest and welfare. The research described how other countries perceive PTD and its practices and then follows the possibilities and prospects of conducting PTD in Indonesia’s law perspective. The research is a qualitative research conducted in doctrinal legal method with a comparative and analytical approach. From the arguments and analysis conducted, PTD can be adopted and integrated in Indonesia environmental scenes with amendment and conformation to current applied law.

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Section: Introductionmentioning

confidence: 99%

“…According to Tisnanta et al (2017), the concept of a welfare state is an option to build an Indonesian legal state, as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia or Undang Dasar Negara Republik Indonesia Tahun 1945(UUD NRI 1945. Welfare can only be done by strengthening the role of the state so that the state can create minimum standards for its citizens through the rule of law (Tisnanta et al, 2017) through social policies in public policy. Aravacik (2021), states that social policy is a series of actions taken to ensure social justice and ensure that all levels of society live in peace and harmony to prevent unemployment, improve working conditions, provide minimum wages, provide social security and benefits, and eliminate unemployment.…”

Section: Introductionmentioning

confidence: 99%

The urgency of labor law for informal sector workers in the welfare state concept: An evidence in Indonesia

Hamid

Aldila

Intan

2022

IJRBS

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This study aims to re-examine the issues that involve outreaching the urgency of labor law for informal sector workers in the concept of the welfare state in Indonesia. The research method used is a normative juridical approach or a study of documents or literature that only focuses on labor laws currently in force in Indonesia. The qualitative method approach that is descriptive-analytic is used to describe the relationship of a phenomenon, idea, data, or fact that is found objectively. This study found that the rights, dignity, standard of living, and even the working environment of informal sector workers are still neglected by labor law in Indonesia today. The national labor law has not accommodated legal protection, guarantees, and social security, so there is a legal vacuum for informal sector workers. This condition contradicts the philosophy of Pancasila and the constitution, the 1945 Constitution of the Republic of Indonesia. Thus, efforts to develop labor laws are expected to be carried out by the government together with the legislature to make all parties have the same position in the production process for the achievement of the company's progress. will have implications for national economic growth. On the other hand, this effort is expected to create legal harmonization in the field of employment in general and especially for informal sector workers in the welfare state in Indonesia.

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The Dilemma of Indonesia Welfare State Challenge of Realizing Social Welfare in the Global Era

Cited by 3 publications

References 0 publications

Legal Politics Economic Democracy in Indonesia

Legal Politics Economic Democracy in Indonesia

Public Trust Doctrine in Indonesia: Expectation and Prospect

The urgency of labor law for informal sector workers in the welfare state concept: An evidence in Indonesia

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