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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Prosiding International Conference on Sustainable Innovation (ICoSI)
Mailinda Eka Yuniza
Universitas Gadjah Mada, Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Indonesian Government Intervention in The Management of Indonesian Migrant Workers’ Remittances: Is It Constitutionally Justified? Mailinda Eka Yuniza; Annisa Ayuningtyas
Proceedings International Conference on Sustainable Innovation (ICoSI) Vol. 1 No. 2 (2021): Maximizing Opportunities and Research for a Better Life
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/icosi.v3i2.42

Abstract

As the newest law on the protection of Indonesian Migrant Workers (IMWs), Law Number 18 of 2017 (Law 18/2017) obliges the Indonesian government to conduct economic protection through remittance management by involving certain institutions. The private nature of migrant workers’ remittances leads to the question of constitutional justification essential for the government's authority to intervene – particularly for Indonesia as a constitutional state in the form of a welfare state – besides the norm applicability skepticism. This paper mainly emphasizes the constitutional silence in regards to state intervention on human resources allocation as it makes the deployment of Indonesian workers abroad constitutionally groundless. As a consequence, this eventually lets the discretion intrude on the remittance, a component of national income that is essentially a private transfer in which the management should be fully controlled by the families.
The Inconsistency of the Applicability Norms in the Law on the Special Region of Jakarta Province: The Impact on the Legitimacy of the Capital City of Indonesia during the Relocation Transition Period Diastama Anggita Ramadhan; Enny Nurbaningsih; Mailinda Eka Yuniza
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 3 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The relocation of the capital city of the Republic of Indonesia from DKI Jakarta Province to the Indonesian archipelago has raised several issues, one of which is for the former capital city. The problem that arises lies in the regulations that serve as the legal basis for the Special Region of Jakarta Province after it is no longer the capital city. Inconsistencies in norms occur between Law Number 2/2024 (UU 2/2024) and Law Number 151/2024 (UU 151/2024), which is an amendment to Law 2/2024. Law 2/2024 states that the enactment of the law is still awaiting the issuance of a Presidential Decree regarding the official relocation of the capital city. On the other hand, Law 151/2024 is declared to be in effect on the date of its promulgation. Law 151/2024 was formed with the aim of recognizing the winner of the 2024 general election from the electoral district of DKI Jakarta Province as the winner of the general election from the Special Region of Jakarta Province. The type of research used in this study is qualitative research using secondary data. This type of qualitative research was chosen to understand the issues that arise related to the inconsistency of norms between Law Number 2/2024 concerning the Special Region of Jakarta Province and its amendments through Law Number 151/2024. This study uses a descriptive research approach. The descriptive approach aims to accurately explain the legal materials obtained. In addition to descriptive, this study also uses a prescriptive approach. There are two (2) findings of this study: first, this inconsistency of norms impacts the validity of all legal products which are made by Provincial officials which is should be made by, for, and on behalf of the Special Region of Jakarta Province. Second, there are constitutional issues arising from legal uncertainty regarding the position of the nation's capital during the transition period.
Co-Authors Annisa Ayuningtyas Diastama Anggita Ramadhan Enny Nurbaningsih