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URGENSI REFORMASI UNDANG-UNDANG TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN SEBAGAI DAMPAK PENERAPAN KONSEP OMNIBUS LAW DI INDONESIA Achmad Jaka Santos Adiwijaya; Danu Suryani; Kukuh Komandoko; Muhammad Vijay
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6299

Abstract

The purpose of this study is to identify and analyze the need for regulatory reform regarding the formation of laws and regulations to organize legislation in Indonesia and what effect the Omnibus Law method has in the formation of laws and regulations in Indonesia. The method used in this study is normative juridical, with data collection carried out by analyzing data obtained in laws and regulations, books, journals, research results, observation methods, and interview methods. This study concludes that Law Number 12 of 2011 concerning the Establishment of Legislation and its amendments has not accommodated the legislation drafting technique using the Omnibus Law method. The opportunities for further use of the Omnibus Law method are First, with the adoption of the Omnibus Law in the formation of legislation through Law Number 11 of 2020 concerning Job Creation, the government needs to follow up by reforming the Law on the Establishment of legislation. Second, the government needs to examine the implementation of the laws formed using the Omnibus Law method.
PERBANDINGAN SISTEM HUBUNGAN KERJA PKWTT DAN PKWT DALAM UPAYA PENINGKATAN KESEJAHTERAAN PEKERJA Rudi Avianto; Endeh Suhartini; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6361

Abstract

The Employment Relations System occurs by a work agreement between Workers and Employers. This employment relationship is regulated in Law No. 13 of 2003 concerning Manpower in Chapter IX Articles 50-66, which known as Employment contract for an unlimited time (PKWTT) and the Employment Contract Limited Time (PKWT). The aim of this research are : 1) to know the policies of the PKWTT and PKWT employment relations systems for the companies. 2) to know the comparison of the PKWTT and PKWT employment relations systems for the companies which associated with the efforts to improve workers welfare. The research method used is sociological juridical research. From the research results, it is known that the PKWTT and PKWT employment relations system policies, the percentage of PKWTT workers is greater, which is around 60% (PKWTT) and 40% (PKWT), including the comparison of rights and welfare facilities is better for PKWTT workers. For this reason, government regulations regarding rights and welfare facilities are needed for PKWT workers, so that they can be aligned or balanced.
OPTIMALISASI PENGELOLAAN PENYERTAAN MODAL DAERAH PADA BUMD PERSERODA PERTAMBANGAN DAN PERBANKAN Endang Sumpena; Achmad Jaka Santos Adiwijaya; Ujang Bahar
JURNAL ILMIAH LIVING LAW Vol. 15 No. 2 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v15i02.9741

Abstract

This study aims to determine and analyze the management of Regional Equity Participation (PMD) in Regional Owned Enterprises (PERSERODA) as well as the regulation of supervision of the management of Regional Capital Participation (PMD) in Regional Owned Enterprises (PERSERODA). This research uses a juridical-normative approach that uses a literature study, but as long as it is necessary, interviews (interviews) can be carried out to complete the library research. From the results of the study, it can be seen that the management of PMD in Regional-Owned Enterprises (BUMD) refers to the provisions of the legislation. PMD in managing regional assets through contracts or cooperation with third parties is a regional asset that is not separated and is an unproductive asset or its utilization can still be improved. Meanwhile, the institution authorized to supervise Perseroda engaged in the financial sector is the Financial Services Authority (OJK), while for mining and tourism Perseroda until now there is no external supervisory agency and the supervision carried out is not running as it should, or in other words it has not run optimally.