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All Journal Yustisia Era Hukum: Jurnal Ilmiah Ilmu Hukum
Handa S Abidin
President University
Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGUATAN PRODUK REKOMENDASI PADA PERMENKUMHAM NOMOR 2 TAHUN 2019 TENTANG PENYELESAIAN DISHARMONI PERATURAN PERUNDANG-UNDANGAN MELALUI MEDIASI Abidin, Handa S
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9804

Abstract

The recommendations under the Minister of Law and Human Rights of the Republic of Indonesia Regulation Number 2 Year 2019 concerning the Settlement of Disharmonisation of Laws and Regulations Through Mediation (hereafter: MLHR Number 2 Year 2019) need to be strengthened. This strengthening is important because if the recommendations in MLHR Number 2 Year 2019 are ignored by the recipients of recommendations, the essence and the existence of MLHR Number 2 Year 2019 will not be optimally used for the harmonisation of laws and regulations in Indonesia. This research offered suggestions regarding the strengthening of the recommendations that focused on: the goodwill of the recipients of recommendations, content of recommendations, procedures after recommendations have been issued, online access, and time certainty. The implementation of these suggestions can play an important role in strengthening not only for the implementation of the recommendations by the recipients of recommendations, but also if the recommendations are decided not to be implemented by the recipients of recommendations. The option of implementing or not implementing the recommendations by the pertinent recipients of recommendations must provide responsibility to all parties that are involved and also to the public in accordance with the spirit of Law of the Republic of Indonesia Number 14 Year 2008 concerning the Openness of Public Information.
PEDOMAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA: PERAN INDEKS INTERNASIONAL Handa Abidin
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2371

Abstract

There are a number of positive impacts if Indonesia uses these three indexes: the World Bank’s Ease of Doing Business, the World Economic Forum’s Global Competitiveness Index, and the World Justice Project’s Rule of Law Index as guidance for “peraturan perundang-undangan” (laws and regulations). Nonetheless, it is important to note that there are also negative impacts that could arise. One of the important solutions to avoid negative impacts is to consistently comply with Pancasila and the 1945 Constitution of the State of the Republic of Indonesia. The concept of using international indexes as guidance is not only limited to the Ease of Doing Business, the Global Competitiveness Index, and the Rule of Law Index. Other relevant international indexes could have also roles in providing guidance for laws and regulations in Indonesia, by taking into account the discussion and recommendations in this research, in particular: these indexes must be in accordance with Pancasila and the 1945 Constitution of the State of the Republic of Indonesia. Furthermore, this research also provides recommendations for how to improve Indonesia’s rankings on the three indexes, which could also be relevant in the context of other international indexes.  
JOKOWI’S INITIATIVE FOR A COMPETITION TO CUT INDONESIAN REGULATIONS: RECOMMENDATIONS AND THE ROLE OF HIGHER EDUCATION INSTITUTIONS IN INDONESIA Handa S Abidin
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.23210

Abstract

This research provides recommendations for the development of an initiative of the President of the Republic of Indonesia (Presiden Republik Indonesia), Joko Widodo (Jokowi), namely the implementation of a competition to cut Indonesian regulations, and relates these recommendations to the role of higher education institutions in Indonesia. The concept of “cutting” regulations should be developed into “managing.” The competition should also widen the scope of what should be managed. Rather than being limited only to “regulations,” the scope should include “laws and regulations as well as other relevant law and policy products.” Furthermore, the competition could be a trigger for developing other related collaborations. The collaboration between relevant parties in the competition and other future collaborations can be classified as a form of mutual cooperation (gotong royong) which could contribute to the development of the quality of Indonesian law in general and specifically to the quality of laws and regulations and other relevant law and policy products in the context of Indonesia. This mutual cooperation could also bring direct benefits to the Central Government of the Republic of Indonesia (Pemerintah Pusat Republik Indonesia) and other relevant state-related institutions as well as to higher education institutions in Indonesia that are expected to be involved in the competition and in other future collaborations. 
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