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Judicial Preview on the Bill on International Treaty Ratification Noor Sidharta; Sudarsono Sudarsono; I Nyoman Nurjaya; Bambang Sugiri
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.075 KB) | DOI: 10.31078/consrev312

Abstract

This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an international treaty has not been validated as a country’s national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and international law. The judicial preview is also the inter-state institutions real check and balance on the international treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An international treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law.
Discourse on Regulation and Implementation of Labor Supervision in Indonesia Weny A DUNGGA; Sudarsono SUDARSONO; Abd.Rachmad BUDIONO; Rachmat SAFAAT
International Journal of Environmental, Sustainability, and Social Science Vol. 4 No. 3 (2023): International Journal of Environmental, Sustainability, and Social Science (May
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v4i3.551

Abstract

Labor supervision affects employment conditions in a country. The study was conducted on the regulation of Labor supervision in Indonesia and the form of follow-up of Labor supervision in labor regulation in Indonesia. The statute, case, and conceptual approaches normatively support problem analysis. The study showed that in realizing the protection of workers, presenting a harmonious employment relationship did not materialize due to disparities until the transition of the Labor Supervision Authority between local government units and the central government, which became the discourse of labor so that the purpose of Labor supervision is not fully realized. The problem is increasingly complex with the birth of a substantively problematic job creation Perppu, the lack of labor inspectors with a wide area of work and workload technically tiered, labor conditions in emergencies, as well as the massive flow of foreign workers to Indonesia can be solved with the renewal of labor which includes fundamental changes certainly made to the substance of, changes in labor supervision mechanisms that emphasize more on factual supervision by going directly to places or areas that have labor problems, regulation of the form of Labor supervision in the work area and workload and certain emergency conditions, as well as the active involvement of unions in the labor supervision process.