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All Journal Risalah Hukum Jurnal Poros Hukum Padjadjaran
Adrian E. Rompis
Fakultas Hukum, Universitas Padjadjaran
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
RISK-BASED LICENSING AS LICENSING REFORM IN INDONESIA BASED ON GOVERNMENT REGULATION NUMBER 5 THE YEAR 2021 Hillary Abigail Praise; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Poros Hukum Padjadjaran Vol. 3 No. 2 (2022): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v3i2.807

Abstract

The purpose of this paper is that the author tries to explain the birth of the concept of risk-based licensing (RBA) in Indonesia which is regulated in Government Regulation Number 5 of 2021. The author elaborates on the transformation of the concept of risk-based approach license and its role in replacing the previous licensing concept. The author also analyzes this policy more deeply through the ROCCIPI Method to find weaknesses and provide recommendations. Licensing in Indonesia so far still has many weaknesses, including regulations that are not yet harmonious, the difficulty of licensing bureaucracy, and low investment realization. With this, the government carried out deregulation and debureaucratization to give birth to licensing reform in Indonesia. The government introduced a new licensing concept called the Risk-Based Approach or RBA which changed the licensed-based concept to risk-based. Based on the scope of research, in writing this manuscript, the author uses a normative juridical research method. The conclusion that comes from this paper is that the RBA is a bold step taken by the government, and so far it has had a good impact in terms of accelerating the issuance of permits. On the other hand, there are still many components that need to be maximally improved by the government such as the readiness of the OSS RBA system, readiness of human resources, and also improving the quality of public services so that licensing reform in Indonesia is not just an idea but can be fully realized through this regulation.
Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya Surya Mukti Pratama; Adrian E. Rompis; R. Adi Nurzaman
Jurnal Risalah Hukum Volume 17, Nomor 1, Juni 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v17i1.516

Abstract

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it. Keywords: Administratif Court; authority; examine; presidential letter.
Co-Authors Hillary Abigail Praise R. Adi Nurzaman Surya Mukti Pratama