Aulia Oktarizka Vivi Puspita Sari A.P
Universitas Bandar Lampung

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IMPLEMENTATION ANALYSIS OF ARTICLE 102 ITEM 2 OF LAW NUMBER 13 OF 2003 REGARDING MANPOWER (STUDY ON THE FEDERATION OF INDONESIAN PULP AND PAPER WORK UNIONS) Indah Satria; Gilang Prayoga; Aulia Oktarizka Vivi Puspita Sari A.P; Sanyyah Majidah
Constitutional Law Society Vol. 1 No. 1 (2022): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.261 KB) | DOI: 10.36448/cls.v1i1.22

Abstract

Dozens of workers at Tanjung Enim Lestari Limited Liability Company experienced unilateral termination of employment. This happens because of the contract work system and the change of vendors providing worker services, the paper raw material producing company that was founded in 1990, often changes to the vendor supplier of labor. However, neither the Tanjung Enim Lestari Company nor the labor provider vendors encountered the mass of labor unions who held a demonstration. The author uses two problem approaches, namely the normative juridical approach and the empirical approach. The finding in this article is that workers' welfare rights are not fulfilled during/after the work period, in Article 99 of Law Number 24 of 2011 concerning the Social Security Administering Body, it is stated that every worker or laborer and his family have the right to obtain labor social security. that the employer is obliged to gradually register himself and his workers as participants with the Social Security Administering Body and the company is also obliged to provide welfare facilities and form worker or labor cooperatives and productive businesses.  
OMNIBUS LAW METHOD IN FORMATION LOCAL REGULATION: METODE OMNIBUS LAW DALAM PEMBENTUKAN PERATURAN DAERAH Aulia Oktarizka Vivi Puspita Sari A.P; Lintje Anna Marpaung; Rifandy Ritonga
Constitutional Law Society Vol. 1 No. 2 (2022): September
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (505.442 KB) | DOI: 10.36448/cls.v1i2.36

Abstract

-Based on the provisions of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislation that the omnibus law method is carried out in the planning process contained in the Regional Regulation Formation Program. The functions of regional regulations are: first, to carry out regional autonomy and co-administration, and secondly to accommodate special regional conditions and thirdly as an instrument for elaborating higher laws and regulations. Then the authority to form Regional Regulations is in the hands of Regional Governments, Regional Governments include Regional Governments. Research problems discuss the omnibus law method in forming regional regulations and the inhibiting factors of the omnibus law method in forming regional regulations. The research method uses a normative and empirical juridical approach. The results of the research on drafting laws and regulations using the omnibus law method use the process of forming laws and regulations which include the stages of planning, drafting, discussing, validating/stipulating, enacting and disseminating. And the inhibiting factor for the omnibus law method in the formation of the first regional regulations was the lack of competent drafters of laws and regulations in drafting regional laws and regulations. Second, there are no implementing regulations governing the procedures for establishing regional regulations using the omnibus law method. And third, there is no obligation for regions to use the omnibus law method in forming regional regulations.
LEGALITY OF TERMINATION OF CONSTITUTIONAL JUDGES BY THE COUNCIL OF REPRESENTATIVES BEFORE THEIR TERMS OF OFFICE END: LEGALITAS PEMBERHENTIAN HAKIM KONSTITUSI OLEH DEWAN PERWAKILAN RAKYAT SEBELUM MASA JABATAN BERAKHIR Aulia Oktarizka Vivi Puspita Sari A.P; Indah Satria
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (309.656 KB) | DOI: 10.36448/cls.v2i1.50

Abstract

Constitutional judges must have integrity and personality that is beyond reproach, be fair, be a statesman who masters the constitution and state administration, and not concurrently serve as a state official. Dismissal of constitutional judges before the end of their term of office can only be carried out for reasons, namely resigning at their own request submitted to the chairman of the Constitutional Court, being physically or mentally ill continuously for 3 (three) months so that they cannot carry out their duties as evidenced by a doctor's certificate , as well as dishonorably dismissed for reasons as set out in Article 23 paragraph (2) of the Constitutional Court Law. Related to the legality of dismissal of Constitutional Justices by the House of Representatives before the term of office ends. This type of research is normative legal research or normative juridical. A dishonorable dismissal of a Constitutional Judge can only be carried out if the reasons for dismissal are met in accordance with the provisions in Article 23 paragraph (2) of the Constitutional Court Law. Whereas the House of Representatives is only capable of nominating candidates for Constitutional Justices through an application to the President at the request of the Chief Justice of the Constitutional Court which will then be determined based on a Presidential Decree. After the Constitutional Court accepts the Presidential Decree, the Presidential Decree will be notified to the institution authorized to apply for a replacement of Constitutional Judges