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All Journal Jurnal Syntax Transformation Journal of Social Science Multidisciplinary Indonesian Center Journal Jimly Legal Yustisia Journal
Wicipto Setiadi
Fakultas Hukum UPN Veteran Jakarta
Religion Humanities Earth & Planetary Sciences Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The The Fulfillment Of Citizenship Rights For The Children Of Indonesian Migrant Workers Who Are Working Illegally In Malaysia Yogi Prabowo; Wicipto Setiadi; Ahmad Ahsin Thohari
Journal Of Social Science (JoSS) Vol 3 No 4 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i4.301

Abstract

The right to citizenship is a fundamental right for every human being. However, there are still individuals who have not been able to access their citizenship rights, namely the children of Indonesian migrant workers who are working illegally in Malaysia. The author wants to know about the protection of citizenship rights for the children of Indonesian migrant workers who work illegally in Malaysia, as well as the state's responsibility in fulfilling the citizenship rights of these children. This research used a qualitative normative method. It relied on literature and written sources for data. The results indicate that the children of Indonesian migrant workers who work illegally in Malaysia, according to principles and applicable laws, are Indonesian citizens. However, they do not have documents to prove their citizenship. The Indonesian government has a responsibility to ensure the possession of citizenship documents for the children of Indonesian migrant workers who work illegally in Malaysia.
Position of Laws Using The Omnibus Method (Review of Article 97A of The Law on The Establishment of Laws and Regulations) Ihsan Badruni Nasution; Wicipto Setiadi; Taufiqurrohman Syahuri
Jurnal Syntax Transformation Vol 5 No 04 (2024): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v5i3.941

Abstract

This paper aims to determine the legal position of laws that use the omnibus method in the system of laws and regulations in Indonesia. The focus of the research focused on the legal position of laws using the omnibus method in terms of the provisions of Article 97A of the Law on the Establishment of Laws and Regulations. Using the normative juridical method through literature study, this paper concludes that with the characteristics of laws that use the omnibus method based on the regulations in Article 97A of the Law on the Establishment of Laws and Regulations, these provisions result in inconsistencies in norms with the provisions of the hierarchy of laws and regulations regulated by Article 7 paragraph (1) and paragraph (2), provision number 223 Annex II Law on the Establishment of Laws and Regulations, as well as deviating the principle of legal preverence, namely the principle of lex posterior derogate legi priori. The vagueness and inconsistency in the formulation of Article 97A norms results in legal uncertainty, thus contradicting the guarantee of legal certainty as mandated by Article 28D paragraph (1) of the NRI Constitution of 1945.
THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS Febriana, Lega Rahayu; Setiadi , Wicipto; Ahsin Thohari, Ahmad
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.1048

Abstract

The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.
Analisis dan Evaluasi: Sarana Kepastian Hukum Regulasi: (Dampak Lahirnya Peraturan Perundang-Undangan dan Judicial Review) Andrian Erickatama; Wicipto Setiadi
JIMLY LEGAL YUSTISIA JOURNAL Vol. 2 No. 1 (2024): Volume 2 Number 1 December 2024
Publisher : Jimly School of Law and Government

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Abstract

The Nomenclature of Regulatory is the rules made by the authorities to regulate something. Analysis and evaluation of the law and regulation is juridically recognized with the birth of Law No. 13 of 2022. As might be expected, this authority was born on the basis of needs. As a result, analysis and evaluation should be the main capital in the formation of regulation, be it an amendment or replacement of existing laws and regulations. This research uses a normative method with a qualitative approach. The approach used in this research is a statutory approach and conceptual approach. How is the role of analysis and evaluation in the implementation of the delegation article of the enactment of regulation and how is the concept of analysis and evaluation as in the outcome of Judicial Review. Analysis and evaluation of legislation is an executive review mechanism to determine legal needs, the basis for determining the effectiveness of legislation and as a follow up to judicial review to assure legal certainty. The Ministry of Law c.q BPHN as an institution given by the authority to conduct analysis and evaluation of Regulations must promptly accelerate to maximize the role of analysis and evaluation needed by the Government as the organizer of the Government and the society so that legal certainty will be produced regarding the effectiveness of a law or regulation.
Co-Authors Ahmad Ahsin Thohari Ahsin Thohari, Ahmad Andrian Erickatama Ihsan Badruni Nasution Lega Rahayu Febriana, Lega Rahayu Taufiqurrohman Syahuri Yogi Prabowo