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All Journal LAW REFORM PAMALI: Pattimura Magister Law Review SASI
Sisinaru, Sostones Yakobis
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Law, Crime, Criminology & Criminal Justice

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The Constitutionality of Outsourcing Job Regulation in the Law on Job Creation Sisinaru, Sostones Y; Harijanti, Susi Dwi
LAW REFORM Vol 18, No 1 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.331 KB) | DOI: 10.14710/lr.v18i1.44249

Abstract

Government policy to adopt the idea of “omnibus law” through the forming of Job Creation Law aims to simplify investment and to fix regulations in Indonesia. Job creation Law consists of 11 clusters. One of the clusters regulates manpower mainly concerning Outsourcing Minimum Wage and termination of employment. This policy has potential to bring disadvantages to the interest of the workers and leads to protest by workers/labors.  This study aims to investigate political direction of job Creation Law and question the constitutionality of the regulations of outsourcing work in Job Creation Law. Research method of this study was normative, meaning that by using legislation and conceptual approach to perform qualitative analysis. The result and Discussion of this study concludes that political direction of Job creation Law is still authoritarian politics so that resulting in Law that is conservative because the discussion about the Law did not involve the people participation. Moreover, the material formulation of outsourcing in Job Creation Bill has not aligned with the mandate of Supreme Court decision No 27/PUU-IX/2011.
Revitalizing Sociological Value in The Establishment of Regional Regulations in Indonesia Sisinaru, Sostones Yakobis
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.2991

Abstract

Introduction: The determination of regional regulations is a regional right that is attributively granted by the constitution in the context of the implementation of regional government to carry out regional autonomy.Purposes of the Research: The importance of the formation of regional regulations is to accommodate sociological values.Methods of the Research: This research is normative using a statutory approach and a conceptual approach.Results Main Findings of the Research: The results of the study show that the procedure for determining regional regulations that accommodate the sociological values (living law) of a legal product must also include the tendencies and expectations of the community. Therefore, positive law will have effective force if it contains or is in harmony with the laws that live in society, so that legislation as a positive law will have effective force if it is formulated or composed based on living laws. There is a need to revise Law Number 12 of 2011 concerning the Establishment of Laws and Regulations on Content Materials, which must cover the previous sociological aspects. Finally, the resulting laws have no impact or usefulness for the community, so the legal products made are not in accordance with the needs of the community.
The Role of Law Enforcement in Managing Communal Conflict Sisinaru, Sostones Yakobis; Basuki, Eko; Maspaitella, Marthin Jonas
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3379

Abstract

Introduction: Research on communal conflict in Maluku has received little attention from researchers in the fields of law and social sciences.Purposes of the Research: This study was conducted to understand communal conflict in Maluku and the role of the police in managing it.Methods of the Research: This study used a qualitative approach, with narrative analysis used for data analysis.Results of the Research: Village boundary disputes and interpersonal conflicts remain the dominant factors influencing the emergence of communal conflict within society. Law enforcement agencies, particularly the police, are considered not yet optimal in implementing anticipatory and preventive measures to address the potential escalation of communal conflict. Furthermore, the police intelligence function is viewed as not fully effective in conducting early detection of social frictions and emerging conflict potentials within the community. Communal conflicts have the potential to generate prolonged collective resentment, thereby increasing societal vulnerability to provocation and involvement in communal violence against individuals or groups with whom they have previously been in conflict. In the context of handling customary territorial boundary disputes between the Sawai and Huaulu communities, the police, in collaboration with judicial institutions, have undertaken legal resolution efforts in accordance with applicable procedures and statutory regulations. Nevertheless, segments of the community who perceive themselves as disadvantaged by the legal decisions have not been able to fully accept the outcomes of those rulings. Therefore, the police and other law enforcement institutions need to intensify legal outreach and public legal awareness education, particularly among conflict-prone indigenous communities, regarding disputes over territorial boundaries or customary land.
Co-Authors Eko Basuki, Eko Maspaitella, Marthin Jonas Susi Dwi Harijanti