Lerri Pattra
Fakultas Hukum, Universitas Andalas, Indonesia

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Pengawasan Penggunaan Tenaga Kerja Asing Di Sumatera Barat Lerri Pattra
UIR Law Review Vol. 5 No. 1 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(1).6996

Abstract

The Republic of Indonesia was founded, the Indonesian people have realized that work is a human need for citizens. This is stated and mandated in Article 27 paragraph (2) of the 1945 Constitution which states that "Every citizen has the right to work and a living that is decent for humanity". This has implications for the state's obligation to facilitate citizens to obtain decent work for humanity. However, recently the use of foreign workers has become one of the main issues in Indonesia. Foreign workers are foreign nationals holding visas with the intention of working in Indonesian territory. Constitutionally, the use of foreign workers in Indonesia is regulated in Law no. 13/2003 concerning Manpower and strengthened by Law no. 25 of 2007 concerning Investment. Thus the use of foreign workers cannot be avoided because it is constitutionally very possible. Another factor that influences the presence of foreign workers in Indonesia is the agreement of the ASEAN Economic Community (AEC) which began in 2015. This has provided opportunities for the free use of foreign workers for the ASEAN region. What has always been a problem is the high unemployment rate caused by the lack of employment opportunities for Indonesian citizens.
Pola Pengelolaan Kekayaan Nagari Dan Pemberdayaan Masyarakat Dalam Peningkatan Kesejahteraan Lerri Pattra
Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.1.p.59-68.2021

Abstract

One of the objectives of a state is stated in the fourth paragraph of the preamble to the 1945 Constitution, namely for the welfare of the community. After the enactment of the Regional Government Law, regional governments were given the authority to regulate and manage their own regional government affairs. The existence of nagari as a legal community unit in the Unitary State of the Republic of Indonesia has a constitutional basis in Article 18 B paragraph (2) of the 1945 Constitution, the article states "The state recognizes and respects the unity of customary law communities and their traditional rights ...". Before the amendment of the 1945 Constitution, Nagari was recognized as an area with original and special rights. Nagari as the lowest government unit that directly deals with the people in West Sumatra, in its development, is required to be able to empower and provide increased welfare for its people. An important aspect of Nagari autonomy is the authority to regulate (regularend) the household in the form of a legal product known as Nagari Regulation. With the existence of rules, the second aspect of autonomy will be implemented, namely the aspect of managing (besturen). Aspects of regulating according to the authority of the Nagari stipulated in the Nagari Government Law (a) authority based on rights of origin, (b) Village-scale local authority; (c) authority assigned by the Government, Provincial Government, or Regency / Regional Government City; and other authorities assigned by the Government, Provincial Government, or Regency / City Regional Government in accordance with the provisions of statutory regulations. Good management of village wealth and community empowerment will be able to improve community welfare, according to the aspirations of the Indonesian nation