Saifulloh, Moh. Roziq
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Kebijakan Proteksionisme Indonesia Guna Menstabilkan Iklim Investasi Nasional dan Mengkapitalisasi Kondisi Perang Dagang Amerika Serikat – Tiongkok Saifulloh, Moh. Roziq
Jurnal Hukum Lex Generalis Vol. 1 No. 1 (2020): International Law Theme
Publisher : CV Rewang Rencang

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Abstract

Trade liberalization is the elimination or reduction of restrictions or barriers to the free exchange of goods between countries. On the other hand, the Protectionism policy of the United States (U.S.) to Chinese products led to a trade war between the two countries. The impact of the U.S.-China trade war has an impact on fluctuations in the value of JCI in Indonesia, so protectionism policies are needed in accordance with national and international legal instruments to stabilize the national investment climate and capitalize on the conditions of the U.S.-China trade war. In this paper, the author uses a statutory approach, conceptual approach, and historical approach, so that this research is classified as normative juridical research or also called doctrinal law research.
Authority Dispute Between State Institutions Whose Authorities from Regulations Below the 1945 Constitution: Sengketa Kewenangan Antarlembaga Negara yang Kewenangannya didasari Peraturan Perundang-undangan di bawah Undang-Undang Dasar 1945 Saifulloh, Moh. Roziq; Riska Answendy, Putri
Jurnal Konstitusi Vol. 20 No. 3 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2032

Abstract

The dispute over authority between state institutions whose authorities are based on regulations under the 1945 Constitution cannot be resolved through a decision (beschikking), considering that matters involving overlapping authority that has been included in the regulations (regelling) and will remain in effect unless one of the matters has been annulled. This research aims to elaborate the pattern of power restriction on state institutions and find out the resolution of authority disputes between state institutions whose authority is based on regulations under the 1945 Constitution. This research is a legal argumentation using a normative research approach. The results of the research show that each state institution obtains authority by attribution, which originates from the 1945 Constitution or from regulations under the 1945 Constitution. The annulment of material containing authority that is sourced from the regulations under the 1945 Constitution can only be carried out through a material test (judicial review) by the judiciary, namely the Supreme Court.