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All Journal JURNAL HUKUM International Journal of Multidisciplinary Research and Literature (IJOMRAL)
Sulistyowati Sulistyowati
Universitas Nasional
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Social Sciences Other

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Government Regulation Substituting the Law on Job Creation in the Perspective of Constitutional Law Sulistyowati Sulistyowati; Agus Salim; Puspa Eriyani; Siti Mastoah
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.33378

Abstract

The debate over the Government Regulation in Lieu of Law on Job Creation has not ceased even though it has become an official law. Pros and cons persist due to its perceived deviation from Constitutional Court Decision Number 91/PUU-XVIII/2020, issued on November 25, 2021. This research aims to describe that regulations should not contradict one another, especially when there is already a Constitutional Court decision. Regulations should be made through a legitimate process without resorting to legal shortcuts. The research method used is a normative legal research with a qualitative approach. There is ample time available to follow the proper legislative process, yet shortcuts are taken by issuing Government Regulations in Lieu of Law, which are later ratified as laws. The research implies that despite the enactment of these regulations, there is significant resistance due to their divergence from the judicial review results at the Constitutional Court. As a result, this research suggests the necessity of revising relevant laws to include sanctions for failing to comply with Constitutional Court decision.
FREEDOM OF EXPRESSION IN THE DIGITAL AGE: CONSTITUTIONAL LIMITS ON HUMAN RIGHTS RESTRICTIONS UNDER THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA AND JUDICIAL DYNAMICS IN INDONESIA Sulistyowati Sulistyowati; Dewi Nadya Maharani; Gusti Bintang Maharaja; Rachel Dwita Maharani
International Journal of Multidisciplinary Research and Literature Vol. 4 No. 6 (2025): INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND LITERATURE
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53067/ijomral.v4i6.454

Abstract

The digital age has fundamentally transformed the way people express their opinions and views. Advances in information and communication technology—particularly the massive penetration of social media in Indonesia—have opened up a space for public participation that is broader, faster, and free from geographical boundaries. Citizens can now easily criticize government policies, report alleged abuses of power, and voice their political aspirations directly through various digital platforms. On the other hand, freedom of expression in the digital sphere often clashes with the interests of public order, national security, social stability, and the protection of the reputation of individuals and institutions. This article aims to conduct an in-depth analysis of the constitutional limits on restrictions of human rights regarding freedom of expression under the 1945 Constitution of the Republic of Indonesia, as well as the judicial dynamics occurring in Indonesia. Using a normative-dogmatic approach supported by an analysis of court rulings, this article finds that while Article 28E(3) and Article 28F of the 1945 Constitution of the Republic of Indonesia provide strong guarantees for freedom of expression, Article 28J(2) provides a valid constitutional basis for restricting that right. Restrictions are only permissible if established by law, aimed at respecting the human rights of others, and meeting fair demands based on moral considerations, religious values, security, and public order in a democratic society. Constitutional Court Decisions No. 105/PUU-XXII/2024 and No. 78/PUU-XXI/2023 have significantly reformed cyber law in Indonesia, including the abolition of the offense of spreading false news that causes public unrest and the restriction of the legal subjects of defamation offenses to only natural persons. This article recommends strengthening restorative justice mechanisms, establishing objective parameters for non-pecuniary damages in civil law, and issuing technical guidelines for law enforcement officials
Co-Authors Agus Salim Dewi Nadya Maharani Gusti Bintang Maharaja Puspa Eriyani Rachel Dwita Maharani Siti Mastoah