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Legal Protection Against The Implementation Of Policies For Deportation In The Border Areas Of Indonesia Muhammad Ansor Lubis; Mahzaniar Mahzaniar
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 1 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.871 KB) | DOI: 10.59712/iaml.v1i1.3

Abstract

Indonesia's constitution guarantees the right of citizens of Indonesia (WNI) to get a job and a decent livelihood in accordance with Article 27 Paragraph 2 of the 1945 constitution. The citizens also has the right to seek work anywhere as he wishes. This right cause migration of citizens abroad, especially to the neighboring Country, Malaysia. Unfortunately, many problems arise when they get in Malaysia which then resulted in a lot of citizens who should be deported to the border regions Nunukan Kalimantan Utara. Thus, this study aims to determine the form of the legal protection of the rights of Indonesian citizens who were deported in Kabupaten Nunukan in North Kalimantan Province. Specifically, the objectives are: (1) To determine the form of the legal protection of Indonesian citizens who were deported under the Labour LAW. This research is a legal research then approach the problem used is the method of approach to the law (statute approach), approach cases (cases approach), and a conceptual approach (conceptual approach). The approach of the law performed by means of studying the laws and regulations that still applies in particular in Kabupaten Nunukan in North Kalimantan Province are involved with legal issues. This approach is used to inventory and analyze the legal instruments of the national Indonesia for the rights of Indonesian citizens, especially the rights of Indonesian citizens who were deported. The results of this study are expected later able to provide input to the policy-setting protection strategies for deportan in the border region of Indonesia.
Critical Note The Authority Of TUN To The Cluster Of Government Administration Of Omnibus Law “Cipta Kerja” In Indonesia Muhammad Ansor Lubis; Maswandi Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.609 KB) | DOI: 10.59712/iaml.v1i2.16

Abstract

In the concept of a state of law, everything must be done according to law, so that the government must submit to the law, not the law that must submit to the government, especially to the Mahakamh decision of the Constitution number 91/PUU-XVIII/2020 regarding the formal Uuck test that has broad consequences for the interests of the community, especially in testing the authority of TUN, such as the discretionary requirement that eliminates the “provisions in the legislation”, and changes in Article 53 of the Government Administration Law that releases the authority of TUN in testing the government's silence. The formulation of the problem in this paper is intended to provide a critical note and / or input for the improvement of the substance of UUCK to kewenagan Tun, especially in the cluster of Government Administration in Article 175 UUCK (changes to Law No. 30 year 2014 on Government Administration (ADPEM law)). Provisions that should be maintained or should be abolished. The research method used is normative jurisi research method. Normative research requires the approach of legislation (statute Approach) and conceptual approach. Data collection techniques used are through the study of documents and literature on secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is descriptive. The conclusion in this paper is found that, first: Uuck's legal politics can be read as the spirit of the state in synchronizing, harmonizing, and eliminating sectoral egos; second: Uuck's provisions that must be maintained are Article 24 of the ADPEM law; third: the amendment to Article 53 of the ADPEM law on the “release “of the Administrative Court's authority in” testing " a government silence to be considered a positive fictitious decision is not necessary, because the Administrative Court's authority to test the government silence that is considered granted is important and vital