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Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri Jefri; Ahmad Rustan; Rudy Iskandar Ichlas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
A Critical Review of The Application of Witchcraft Laws in The New Criminal Code (Exploring The Implications of Article 252 of Law 1 2023 and its Impact on The Judicial System in Indonesia) Elvi Susanti Syam; Fachmi Jambak; Ahmad Rustan; Herman Herman; Fachrur Razy Mahka
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5412

Abstract

This study intends to assess the legal effects and effectiveness of the application of sanctions against witchcraft offenses under Article 252 of law no. 1 year 2023 in the social and legal setting in Indonesia. The study primarily concentrated on the regulation of witchcraft offenses within the new criminal legislation, the issues associated with proof, and the societal ramifications of enforcing these penalties. The study method adopted is normative legal method with descriptive-analytical approach. The data sources comprise main and secondary legal literature, encompassing statutes, books, scholarly journals, and pertinent articles. The findings indicate that while Article 252 of legislation 1/2023 establishes a legal foundation for activities concerning supernatural powers, the implementation of this article encounters significant obstacles, particularly with evidentiary requirements. The formal offense established in this article does not require proof of the manifestation of physical or mental repercussions, but rather stresses the declaration of the perpetrator who has supernatural powers. On the other hand, there is the potential for abuse of this item in society, which might generate horizontal disputes. The efficacy of sanction implementation relies on the accurate comprehension of its boundaries and objectives by law enforcement authorities and the public.