Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Research Horizon

Juridical Analysis of Constitutional Court Rulings Regarding Testing Legal Form Hafizar, Achmad; Syahuri, Taufiqurrohman; Triadi, Irwan
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.457

Abstract

The legal consequence of this decision was that the Constitutional Court granted the lawmakers a two-year period to amend the Job Creation Law, following a process that adheres to a clear, standardized, and established method for creating omnibus laws. The Constitutional Court's Decision No. 91/PUU-XVIII/2020 was subsequently followed by the government issuing Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, which contains similar content to the Job Creation Law. This has sparked controversy within the public. Therefore, the issue that will be further examined in this research is how the creation of the Job Creation Government Regulation In lieu of Law complies with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, which declared the law conditionally unconstitutional, and how the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's decision is achieved. The research method used in this study is a normative juridical approach, which emphasizes library research. This study is descriptive-analytical, with the research stages focusing on secondary data analysis. Data collection techniques include library research and field research through interviews with relevant parties. The results of the study show that the lawmakers did not comply with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, as they did not amend the Job Creation Law as required by the decision. Instead, they chose to issue the Job Creation Government Regulation In lieu of Law. Regarding the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's Decision No. 91/PUU-XVIII/2020, a lack of harmonization between the two was found.
Analysis of Law Number 20 of 2023 and the Role of Academic Manuscripts in Indonesian Law Formation Budi Dharma, Widya Castrena; Syahuri, Taufiqurrohman; Thohari, Ahmad Ahsin
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.472

Abstract

Article 43 paragraph (3) of Law Number 12 of 2021 requires that every Draft Bill (Rancangan Undang-Undang/RUU) submitted by the President, the People's Representative Council, or the Regional Representative Council must include an Academic Manuscript. This document contains a scientifically proven legal study outlining the necessity of regulating a problem and its resolution in the Draft Bill. The Academic Manuscript serves as a key reference during the legislative planning process. This study explores the role of the Academic Manuscript in law formation and analyzes the RUU on Amendments to Law Number 5 of 2014, focusing on its alignment with the Academic Manuscript. Using legal and empirical approaches, the research evaluates the application of norms under the Law on the Legislation Drafting, which mandates an Academic Manuscript for drafting laws. Law Number 20 of 2023 accommodates strategic issues highlighted in the Academic Manuscript. However, during the discussion process, the RUU underwent significant changes, with over 50% of its substance added. Despite these additions, the Academic Manuscript remained unchanged. Ultimately, the RUU led to the repeal of Law Number 5 of 2014 and its replacement with Law Number 20 of 2023, which redefines the regulations concerning the State Civil Apparatus.