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All Journal STAATSRECHT: Indonesian Constitutional Law Journal STAATSRECHT: Indonesian Constitutional Law Journal JOURNAL of LEGAL RESEARCH
Ahmad Azharil
Universitas Muhammadiyah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Lahirnya Norma Baru Dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Oleh Mahkamah Konstitusi Dwi Putri Cahyawati; Ahmad Azharil
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13866

Abstract

Abstract:The Constitutional Court in its position as guardian of the constitution has the authority to examine laws against the Constitution. The position of the Constitutional Court is only limited to negative legislature. However, in its implementation many Constitutional Court decisions sometimes make positive legislature decisions. This has become a debate among observers of state administration law. This research method uses a normative juridical legal research approach, while the type of research used is descriptive qualitative analytical, and data collection techniques are library research. From this research it is known that the constitutional court has raised new norms in judicial review.Keywords: New Norms, Laws, Constitutional Court
Problematika Penerapan Sistem Omnibus Law Ke Dalam Sistem Hukum Nasional Indonesia Melalui Undang-Undang No.11 Tahun 2020 Tentang Cipta Lapangan Kerja Ahmad Azharil
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.19293

Abstract

AbstractThe obstruction of national economic growth due to the long bureaucratic process for business licensing is one of the reasons for the government to create an omnibus law concept in Indonesian Act concerning Job Creation No. 11 of 2020 (JC Act). In fact, the noble ideals outlined in the creation of the JC Act have received a lot of harsh criticism from among the public, workers, academics, and activists in the field of manpower and the environment. Some of the fundamental problems in the creation of the JC Act lie in the absence of public participation in the drafting and deliberation of the Indonesian Parilement, and one of them has the potential to damage environmental sustainability. The omnibus law of the JC Act is a legal model in countries adhering to the common law system that was born due to overcoming regulatory problems in the country caused by the number of regulatory barriers and problems in a field such as the economy. The omnibus law is the concept of simplifying the rules so that they can be implemented properly in order to create an effective, efficient, and stimulating government bureaucracy for national economic progress. Indonesia as a country based on a civil law system is not an obstacle to implementing the omnibus law concept as long as its development and application follows the provisions of the formation of statutory provisions. The concept of the omnibus law contained in the JC Act in the Indonesian national legal system has many substance problems in its articles, including the simplification of the Environmental Impact Assessment (EIA) preparation process by not involving the community as the party whose function is to provide input and correction to the EIA initiator. This will have the potential to sustain the environment as an ecosystem that cannot be separated from people's lives.Keywords : Obstructed, Economy, Creation, Work, Environment
Lahirnya Norma Baru Dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Oleh Mahkamah Konstitusi Dwi Putri Cahyawati; Ahmad Azharil
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 2 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i2.13866

Abstract

Abstract:The Constitutional Court in its position as guardian of the constitution has the authority to examine laws against the Constitution. The position of the Constitutional Court is only limited to negative legislature. However, in its implementation many Constitutional Court decisions sometimes make positive legislature decisions. This has become a debate among observers of state administration law. This research method uses a normative juridical legal research approach, while the type of research used is descriptive qualitative analytical, and data collection techniques are library research. From this research it is known that the constitutional court has raised new norms in judicial review.Keywords: New Norms, Laws, Constitutional Court
Co-Authors Dwi Putri Cahyawati, Dwi Putri