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All Journal Novum : Jurnal Hukum
Deva Mahendra Caesar Bimantya
Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice

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The Dynamics of The Job Creation Law (Case Study of The Constitutional Court’s Decision Number 91/PUU-XVIII/2020 on The Formal Test Against Law Number 11 Of 2020 on Job Creation) Deva Mahendra Caesar Bimantya; Muh. Ali Masnun
NOVUM : JURNAL HUKUM Vol. 11 No. 01 (2024): The Ontology and Moral Justification of Law: Protection, Accountability, and
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v2i2.54219

Abstract

Law Number 11 of 2020 concerning Job Creation (hereinafter referred to as the Omnibus Law) was enacted and signed by the President on November 2, 2020. The Omnibus Law aims to reform regulations by simplifying the legal framework to address the lack of synchronization among various laws and regulations, as well as eliminating overlapping rules that are considered to hinder the government's objectives. Constitutional Court Decision Number: 91/PUU-XVIII/2020 on the Formal Review of the Job Creation Law, issued by the Constitutional Court on November 4, 2021, granted the petitioner's request for a formal review of the Omnibus Law. On December 30, 2022, the Government issued Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation as a follow-up to Constitutional Court Decision Number: 91/PUU-XVIII/2020. The research conducted in this study is normative, analyzing the judges' considerations in Constitutional Court Decision Number: 91/PUU-XVIII/2020, with a focus on the ambiguity/difference in interpretation among the nine judges regarding Law No. 12 of 2011 and the fulfillment of the urgency element in Perppu No. 2 of 2022. The author adopts a legal and case-based approach and utilizes primary and secondary legal sources to analyze the issues. The author employs a prescriptive method of analysis. In the decision, the judges did not consider the substantive principles of legislation and found that the element of urgent necessity, which compelled the issuance of the Job Creation Perppu, was not fulfilled.
Dissecting the Ethics Court in Indonesia: Problems and Future Regulations from a Legal Philosophy Perspective Nheo Adi Kurniawan; Deva Mahendra Caesar Bimantya; Zerry Akbar Yudisetyo
NOVUM : JURNAL HUKUM Vol. 12 No. 02 (2025): The Dialectics of Justice, Legal Certainty, and Expediency in Contemporary Le
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v12i02.72405

Abstract

The term "ethics court" has become one of the most interesting terms in Indonesia, given the existence of various institutions that enforce ethical codes within the public official sphere and various specific professions. Despite this, there are issues regarding the status of ethical courts in Indonesia, with debate over whether such courts exist or not. This research aims to analyze and reflect on the development of ethics courts in Indonesia, including their problems and future regulations, from a legal philosophy perspective. This research is normative legal research with philosophical, conceptual, case, and legislative approaches. The research findings confirm that from the perspective of positive law in Indonesia, ethics courts still function as administrative instruments subject to the formal legal system, and are therefore not yet able to play an autonomous role in substantively upholding the integrity and morality of the profession. The lack of a clear distinction between the domains of ethics and law obscures the function of ethical courts as protectors of professional dignity and public morality. From a legal philosophy perspective, forward-looking regulations are needed to balance the principles of morality and legal certainty with the strengthening of a solid legal foundation, recognition of independence, and the final authority of ethics courts. Thus, the forward-looking regulatory strategy aims to make the ethics court a pillar of substantive justice that respects universal moral values while also providing legal certainty in the conduct of an integrated state.
Co-Authors Masnun, Muh Ali Nheo Adi Kurniawan Zerry Akbar Yudisetyo