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All Journal JURNAL MAGISTER HUKUM UDAYANA DE JURE Yustisia Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi Constitutional Review Varia Justicia Undang: Jurnal Hukum Dialogia Iuridica Sultan Agung Notary Law Review Jurnal Konstitusi Mimbar Hukum Jurnal Jurisprudence South East Asian Journal of Advanced Law and Governance
Idul Rishan
Fakultas Hukum, Universitas Islam Indonesia, Yogyakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Yustisia

 1 
Autocratic Legalism: the Making of Indonesian Omnibus Law Zainal Arifin Mochtar; Idul Rishan
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.59296

Abstract

The Indonesian House of Representatives’ approval of the Omnibus Law on Job Creation marks a significant enhancement of the business climate and a step forward for labor market flexibility, which should, over time, improve the country’s international competitiveness. But, the Constitutional Court delivered shocking news by declaring that the omnibus Job Creation Law, is partly unconstitutional on November 2021. This study aims to reveal two things. First, procedural injustice in the making of Indonesian Omnibus Law on Job Creation. Second, the root of autocratic legalism and its prevention. The study is a doctrinal legal research with qualitative analysis. It has identified that (1) five violations of procedural justice in the making of the omnibus law reflect autocratic legalism in Indonesia; and (2) three factors contribute to the phenomenon. The three contributing factors are (i) the co-optation of the ruling party in the parliament, (ii) the violations of the law and constitution, and (iii) the undermined judicial independence. Indeed, the cartelization in political parties should be ended. Therefore, citizens need to conduct strengthened collective control. In addition, the independence of the Constitutional Court should be preserved.
Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration Ni’matul Huda; Idul Rishan; Dian Kus Pratiwi
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.71061

Abstract

Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed.  Several laws have been passed and amended quickly. This study discusses three legal issues. First, the conceptual limitation of fast-track legislation in Indonesia. Second, the rationale behind fast-track legislation under Joko Widodo's administration. Third, the impact of fast-track legislation under Joko Widodo's administration. In this socio-legal study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through Perpu with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.
Co-Authors Abel Putra Ayu Atika Dewi Dian Kus Pratiwi Fahreza, Zumali Imroatun Nika Kahar, Sarifa Amina Ni’matul Huda Novita Sari Siti Ruhama Mardhatillah Sri Hastuti Puspitasari Zainal Arifin Mochtar Zainal Arifin Mochtar