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The Reformulation of Government Regulations in Lieu of Law: Constitutional Court's Decision Perspective Al Huda, Habib; Halmadiningrat, I Made; Putra, Gio Arjuna; Kusumasari, Anak Agung Arumi Jayanti
Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.43422

Abstract

The President's issuance of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation represents a deliberate endeavor to operationalize and further refine the previously ratified Job Creation Law. The objective of this research is to provide a lucid comprehension of the formulation of the Regulations in Lieu of Law that adheres to the Constitutional Court's directives. This paper employs normative legal research methodologies, incorporating conceptual, historical, statutory, and jurisprudential analyses to scrutinize extant legal quandaries concerning the urgency and constitutionality of Regulations in Lieu of Law No 1 of 2022 regarding the Job Creation. Furthermore, the research yields the proposition that the promulgation of Government Regulation in Lieu of Law No. 1 of 2022 on Job Creation, vis-à-vis Constitutional Court Decision No. 91/PUU-XVIII/2020, may be regarded as a departure from the constitutional imperatives articulated in Constitutional Court Decision No. 91/PUU-XVIII/2020. Furthermore, concerning the reformulation of provisions governing the issuance of a Regulation in Lieu of Law by the President within the national legislative framework, a predicated state of emergency is a requisite antecedent. The President is obligated to communicate this state of emergency to the Indonesian People's Consultative Assembly and the public before promulgating the Regulation in Lieu of Law.
Integrating Psychiatric Assessment in Chemical Castration Sanctions for Child Sexual Offenders in Indonesia Ohoiwutun, Y.A. Triana; Putra, Gio Arjuna; Taniady, Vicko
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4234

Abstract

Indonesian Law No. 17 of 2016 was enacted to aggravate sanctions with chemical castration sanctions for sexual offenders against children. Viewed from a psychological perspective, a paedophile can also commit this sexual crime, so it is certainly not appropriate to impose this sanction on the person found to be a paedophile. For these facts, this current study provides a solid understanding of why it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. To achieve this understanding, the data were collected from the texts of the verdicts concerning sexual crimes against children issued by the Mojokerto District Court on 2 May 2019, the Surabaya District Court on 18 November 2019, and the Sumenep District Court on 9 December 2025. The collected data were then analysed using the model developed by Miles and Huberman (1994). The result of the analysis reveals that because of the lack of involvement of the psychiatrist in the legal process of sexual crime against children, the three verdicts does not state that the perpetrators of sexual crime against children are paedophiles. Therefore, it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. From the perspective of comparative law, the involvement of psychiatrists in the implementation of chemical castration is manifested in two forms: firstly, providing opinions by considering the mental state of the Defendant (judicial process), and secondly, in the form of observation, monitoring, and post-chemical castration recommendations (as the executor of the Court's decision).