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All Journal Indonesian Journal of International Law Lex Publica
Maria Farida Indrati
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Terhadap Materi dan Kedudukan Ketetapan MPR/MPRS Staatsgrundgesetz Indrati, Maria Farida
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1071.194 KB)

Abstract

The Amandment to the 1945 Constitution of the Republic of Indonesia, especially the Article 3 and 6, has an impact on the existence of Decree of the People’s Consultative Assembly of the Republic of Indonesia. The new article 3 stated that: (1) The People’s Consultative Assembly of the Republic of Indonesia has the authority to amend and to enact the Constitution; (2) The People’s Consultative Assembly shall inaugurate the President and/or the Vice President; (3) The People’s Consultative Assembly may only remove the President and/or the Vice President during his/her term of office in accordance with the constitution. Article 6A: (1) The President and the Vice President shall be elected as a single ticket directly by the people. Based on the two Articles, the President of the Republic of Indonesia in the future is not mandatory of the Peope’s Consultative Assembly and he/she shall not be accountable to the People’s Consultative Assembly.
Implementing Regulations for the Omnibus Law within the Taxation Cluster: A Delegated Legislation Perspective Saragi, Josua Marihot Armando; Sjarif, Fitriani Ahlan; Indrati, Maria Farida
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.239

Abstract

This research explores the implications of Indonesia's Law Number 11 of 2020 concerning Job Creation, or the Omnibus Law, with a focus on delegated legislation and its role in fostering investment through regulatory clarity. The law emphasizes the importance of the timely implementation of regulations, mandating that all implementing regulations remain in effect unless they conflict with the new law. However, there is a gap in the existing literature regarding how delegated legislation influences the creation of these implementing regulations, particularly within the taxation cluster. Utilizing a qualitative design and normative juridical approach, the research analyzes the hierarchy of legal regulations in Indonesia, including the constitutional framework that supports economic growth. Data collection involves an in-depth examination of relevant laws and specific tax provisions introduced by Law 11/2020. The findings reveal that while the law aims for regulatory simplification, its implementation has led to over-regulation, complicating compliance for businesses. Recommendations include refining the preparation and organization of the law to enhance clarity and ensuring that the formation of delegated regulations aligns with established legislative principles. Ultimately, this research contributes to the discourse on regulatory reform, emphasizing the necessity for coherence and efficiency in Indonesia's legal landscape to promote a conducive environment for investment and economic development.
Co-Authors Saragi, Josua Marihot Armando Sjarif, Fitriani Ahlan