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All Journal LAW REFORM E-Jurnal Gloria Yuris Prodi Ilmu Hukum (Jurnal Mahasiswa S1 Fakultas Hukum) Universitas Tanjungpura Jurnal Pranata Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM Jurnal Bina Mulia Hukum TANJUNGPURA LAW JOURNAL University Of Bengkulu Law Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review TheJournalish: Social and Government Shar-E: Jurnal Kajian Ekonomi Hukum Syariah IJEAS (International Journal of Environment, Architecture, and Societies) Bengkoelen Justice : Jurnal Ilmu Hukum Refleksi Hukum: Jurnal Ilmu Hukum Syiah Kuala Law Journal Riau Law Journal Journal of Constitutional Law Society (JCLS) Asian Journal of Management, Entrepreneurship and Social Science
Muhammad Rafi Darajati
Universitas Tanjungpura
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal of Constitutional Law Society (JCLS)

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REFORM TYPES OF LEGISLATION REGULATIONS IN INDONESIA: REFORMULASI JENIS PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Haryadi Haryadi; Muhammad Syafei; Muhammad Rafi Darajati
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 (387.941 KB) | DOI: 10.36448/cls.v1i2.35

Abstract

The arrangement of the types and hierarchies of statutory regulations has been confirmed in Article 7 paragraph (1) of Law Number 12 of 2011. In addition to the provisions of Article 7 paragraph (1), it is also regulated in Article 8 paragraph (1) of the types of laws and regulations established by institutions/agencies/commissions. In Article 8 paragraph (2), it is emphasized that the laws and regulations as referred to in Article 8 paragraph (1) are recognized to exist and have binding legal force as long as they are ordered by more comprehensive legislation high or formed by authority. The expansion of the types of laws and regulations, as confirmed in Article 8 paragraph (1), if it is associated with the provisions of Article 7 paragraph (1), will cause problems. Whether the hierarchical provisions of the legislation in Article 7 paragraph (1) also applies to the provisions of Article 8 paragraph. This research aims to conduct a juridical analysis of whether the laws and regulations in Article 7 paragraph (1) of Law No. 12 of 2011 also apply to the provisions of Article 8 paragraph (1) of Law Number 12 of 2011. Thus, according to the author, the requirements of the hierarchy of laws and regulations as regulated in article 7 paragraph (1) cannot be applied to the laws and regulations stipulated in article 8 paragraph (1). The role of laws and regulations is critical to creating and maintaining harmonization and synchronization of laws and regulations in the sense that their types and hierarchies must be arranged. Hence, there are no conflicts in their implementation.
JURIDICAL IMPLICATIONS OF BUSINESS LICENSING REGULATIONS FOR OUTSOURCING COMPANIES POST CONSTITUTIONAL COURT DECISION NUMBER 91/PUU-XVIII/2020: IMPLIKASI YURIDIS PERATURAN PERIZINAN USAHA TERHADAP PERUSAHAAN OUTSOURCING PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Muhammad Jasmi; Muhammad Syafer; Muhammad Rafi Darajati Darajati
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 (220.246 KB) | DOI: 10.36448/cls.v2i2.46

Abstract

In 2020 the Supreme Court received a request for a judicial review of the formal review of Law Number 11 of 2020 concerning Job Creation. One of the main contents of the application is outsourcing. The Constitutional Court issued Decision Number 91/PUU-XVIII/2020, which stated that the Job Creation Law was Conditionally Unconstitutional. One of the essences of the Constitutional Court decision is to suspend all strategic policies with broad implications, and it is not justified to issue new implementing regulations related to the Job Creation Law. The method in this research is a normative legal research method. Normative legal research is legal research conducted by examining literature or secondary data. This study uses a statute approach. The statute approach is research that prioritizes legal materials in the form of laws and regulations as essential reference material in conducting research. The results of the study show that Constitutional Court Decision Number 91/PUU-XVIII/2020 suspends all actions/policies that are strategic and have broad implications. It is not justified to issue new implementing regulations related to the Omnibus Law on Job Creation so that the Government cannot issue new implementing regulations and the implementation of outsourcing still refers to the old provisions, namely the Regulation of the Minister of Manpower Number 19 of 2012 and its amendments.
Co-Authors Adityo Darmawan Sudagung Annisa Dina Amalia Chairil Effendy Chatrine Sabendi Putri Endah Rantau Itasari, Endah Erwin Haryadi Haryadi Huala Adolf Idris ., Idris Idris Idris Kartika Ningtias Mega Fitri Hertini Muhammad Jasmi Muhammad Syafei Muhammad Syafei Muhammad Syafer Oktaviani Yenny Rianti Ardana Reswari Sri Widiyastuti Vera Puji Lestari Yenny, Oktavani