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All Journal Wacana Hukum Jurnal Ilmiah Hukum LEGALITY Pena Justisia: Media Komunikasi dan Kajian Hukum LEGAL BRIEF
Indrastuti, Lusia
Faculty Of Law, Universitas Slamet Riyadi
Law, Crime, Criminology & Criminal Justice

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Journal : Wacana Hukum

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Constitutionality in Draft of Omnibus Law in Pancasila Perspective Lusia Indrastuti
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3841

Abstract

President Jokowi, in his second leadership, has two major programs. The first is to maintain Pancasila state and to accelerate national development. His second program concerns simplification of domestic regulation that relates with economy through Omnibus Law as a reaction to global economic power shift.The problem is whether the implementation of the Indonesia state legal system can accept Omnibus Law model or not when it is viewed from constitutional perspective or from legislation hierarchy in Indonesia (taking into account constitutional requirements, meaning that it is not contradictive with the 1945 constitution).            In the preamble of Omnibus Law draft, article 5 and article 20 the 1945 constitution are mentioned.  As formal requirements, both articles provide enough space. It is mentioned in article 5 paragraph 1 that President has the right to propose a law. Furthermore, in article 20 paragraph 2 and 3, it is stated that all bill drafts have to be discussed with House of Representatives, including Omnibus Law. Without mutual consent bill draft cannot be proposed again in the council court in that period. In Indonesia, the technique of legislation drafting is employs the act number 15 year 2019, as the legal basis, that concerns the change over the act number 12 year 2011. Besides that, there is Presidential decree number 87 year 2014 as direct derivative of article 5 paragraph 1, article 20, and article 22 of 1945 constitution. The government does not mention the act number 15 year 2019, act number 12 year 2011 or Presidential decree number 7 year 2014 in the preamble of Omnibus Law proposed. Article 5 and article 20 do not clearly explain the limitation of the kind of act that can be proposed by President. If it is seen through historical aspect of drafting of amendments to the 1945 Constitution, during its session, the People's Consultative Assembly never once discussed the Omnibus Law. Therefore, the spirit of post amendments of article 5 and article 20 the 1945 constitution does not come from the possibility that someday Omnibus Law will be adopted into our acts. The point is drafting bills that is not contradictive with economic and social development goals has to be a priority.
IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST COMPANIES THAT DO NOT PAY BPJS EMPLOYMENT DUES (Study : Putusan Pengadilan Negeri Sumedang Number 109/Pid.Sus/2017/PN.Smd) Isnaini Apri Dawati; Lusia Indrastuti; Endang Yuliana Susilowati
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5205

Abstract

This research aims to open wide to the public, especially the workforce about the implementation of laws related to employment and provide examples in relation to the implementation of labor protections whose rights have been lost, so that in the future workers who experience similar things can act to fight for their rights and for companies, this can be a reminder to always carry out their obligations. The method of writing in this study uses normative juridical, by producing findings that violations of the law related to employment often occur such as workers who cannot claim the employment social security program as labor rights as a result of the company's negligence, namely the non-payment of dues by the company to BPJS Employment, enforcement related to it has been done even though the inplementation of the criminal sanctions is still relatively few but there has been progress reflected in the use of the article to ensnare one of the companies that collect but do not deposit dues in the Sumedang State Court in Decision No. 109 / Pid.Sus / 2017 / Pn.Smd, so this becomes an example that labor is very guaranteed by the state.
LAW ENFORCEMENT ON CAMPAIGN ACTIVITIES IN PLACES OF WORSHIP CASE STUDY OF DECISION NUMBER 56/PID.SUS/2019/PN SKH Filadelfia Langit Ayu Sukmadila; Lusia Indrastuti; Esti Aryani
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5353

Abstract

This study aims to find out the basis of Law Enforcement on campaign activities in places of worship that focuses on the Sukoharjo District Court Decision Number 56/Pid.Sus/2019/PN Skh, a case related to this research regarding campaign activities in places of worship.One of the characteristics of a democratic country is the existence of people's sovereignty within the country, and Indonesia is a country that adheres to the Pancasila Democracy system, as evidenced by the holding of General Elections, hereinafter referred to as General Elections. The implementation of elections is regulated in Law No. 7 of 2017 concerning General Elections, which also regulates election crimes, the legal basis is formed and enforced to maintain the dignity of democracy that applies in Indonesia.This research method in writing this thesis uses a normative type of research, which is carried out by reviewing secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. The nature of the research is descriptive, which is to describe the basis of the prosecutor's considerations in giving demands and the judge's considerations in making decisions as well. The duty of a Prosecutor as a Public Prosecutor is to prove his indictment. Where the decisions and demands of judges and prosecutors must uphold the value of justice, and not forget the value of humanity. As well as the judge's consideration in deciding this case, seeing from the indictment that the indictment was prepared on a subsidiary basis, it became the authority of the Panel of Judges to prove the indictment of Article 521 Jo. Article 280 paragraph (1) letter h of Law No. 7 of 2017 concerning General Elections.also pay attention to non-juridical elements.
Co-Authors Abdul Kadir Jaelani Abdul Kadir Jaelani Alexander A. Kurniawan Endang Yuliana Susilowati Esti Aryani Filadelfia Langit Ayu Sukmadila Isnaini Apri Dawati