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The Expansion of the Absolute Competence of Administrative Courts: A Comparative Legal Study with the French Conseil d'État Al’anam, Muklis; Ramli, Lanny; Hemsanit, Natyama
Indonesian Journal of Administrative Law and Local Government Vol. 1 No. 02 (2024): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36520

Abstract

The development of legal science is very rapid, especially in the aspect of administrative law as the first law enforcement part of other laws. So that in the theory of administrative law is inseparable from human rights, therefore the State Administrative Court is very narrow in its authority in terms of competence in handling administrative cases. Meanwhile, the Conseil d'État, which is the French administrative court, has the authority that all government actions can be disputed at the Conseil d'État. So with the concept of the idea, this research uses normative research methods with a statutory approach, conceptual approach, and comparative approach. This research examines the concept of the competence of the Conseil d'État as a measure of the expansion of competence by the Indonesian state administrative court. Thus this research will conclude the idea that it is important to amend Law No. 51/2009 on State Administrative Courts and also Article 87 of Law No. 30/2014 on Government Administration which has an open norm regarding the concept of factual actions.
PENGGUNAAN KOEFISIEN ALFA DALAM PERHITUNGAN UPAH MINIMUM DAN AKIBATNYA TERHADAP DESENTRALISASI FISKAL SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Widyatama, Denta Putra; Indrawati; Ramli, Lanny; Ananta, Ahmad Rizal Roby; Zita, Alena
Jurnal Ketenagakerjaan Vol 20 No 2 (2025)
Publisher : Pusat Pengembangan Kebijakan Ketenagakerjaan Kementerian Ketenagakerjaan Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47198/jnaker.v20i2.573

Abstract

Wages are one of the important issues in Labor Law, particularly from the workers' perspective. The enactment of Law No. 11 of 2020 concerning Job Creation in Indonesia, which was later revoked by Law No. 6 of 2023, introduced substantial changes to the structure of Labor Law, specifically in the existence of Alpha Coefficient as a substitute for KHL. This Alpha Coefficient is replacing the KHL and representing functions as an economic index sector variables in Indonesia. This study aims to examine two main issues: first, the legal and conceptual implications of replacing KHL with the Alpha Coefficient in calculating minimum wages; and second, the effect of this change on the authority and role of the Regional Wage Council as part of Indonesia’s fiscal decentralization policy. The research employs a statutory and conceptual approach supported by a review of the development of the national wage system. The findings indicate that the existence of the Alpha Coefficient enhances legal certainty by establishing a definitive parameter in wage calculations, thereby improving workers’ welfare protection. Furthermore, the Regional Wage Council’s position is strengthened through the restoration of tripartite negotiations, ensuring a more balanced and decentralized fiscal and also wage-setting mechanism. The Alpha Coefficient significantly increase the workers wealth by, following the main rights on Indonesian Constitution.