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Lumban Tungkup, Doharman
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Implikasi Penerapan Undang-Undang Cipta Kerja Terhadap Pelaksanaan Administrasi Pemerintah Lumban Tungkup, Doharman; Wira Perdana, Fadjrin; Irwan, Irwan; Surnata, Surnata; Siswanto, Wahyudi
Jurnal Indonesia Sosial Sains Vol. 3 No. 08 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i08.664

Abstract

Indonesia as a state of law, it is not surprising that the issuance of new laws is often carried out, either through laws, regulations, regional regulations or other things. One of the hotly discussed regulations is the Job Creation Act. The existence of the job creation law certainly provides changes to the previously applicable regulations so that the government must be able to adapt quickly. For this reason, this research was conducted to determine the implications of the implementation of the Job Creation Act on the implementation of government administration. The research approach used is qualitative with a normative juridical type, namely through a literature review. In addition, data collection techniques are also through interviews, observation and distributing questionnaires to selected respondents through purpose sampling techniques. The result of this research is that the implementation of the Job Creation Act has implications for the implementation of government administration, specifically in the areas of authority, discretion, electronic decisions, and positive fictitious.
Omnibus Law dalam Perspektif Hukum dan Politik Miran, Miran; Lumban Tungkup, Doharman; Wira Perdana, Fadjrin; Irwan, Irwan; Setiono, Joko
Jurnal Indonesia Sosial Sains Vol. 3 No. 08 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i08.666

Abstract

Omnibus law is a concept that is considered to be able to reduce state problems in the legal obesity aspect so that the government administration process becomes easier and has the ability to attract many foreign investors to improve people's welfare. For this reason, researchers want to find out more about omnibus law from a legal and political perspective. This research uses a descriptive qualitative type with data collection techniques using a normative juridical literature study. The results of the study show that omnibus law meets legal standards regarding the substance, structure and legal culture assessed from the legal aspect. Meanwhile, in the political field, it is known that the omnibus law has substance that is in accordance with the purpose of its formation as well as a long drafting process so that legal politics is carried out to facilitate the process of drafting up to the issuance of the Job Creation Act.
Omnibus Law Undang-Undang Cipta Kerja dalam Perspektif Sosiologi Hukum Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran; Siswanto, Wahyudi
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.670

Abstract

Omnibus Law is a method of legislation that combines various types of laws into one specific law to resolve statutory problems. One of the products of the Omnibus Law is the birth of the work copyright law which has caused a lot of polemics because it is considered a new legal policy in the formation of law in Indonesia. The purpose of this study is to examine the omnibus law, especially the Job Creation Act from the perspective of the sociology of law. This study uses a descriptive research method with a qualitative approach. Data was collected using a literature study. The results showed that the drafting of the Omnibus Law on the Job Creation Act did not heed sociological principles so it received resistance or rejection from the community component. One of the objectives of the establishment of the Omnibus Law on Job Creation is to support the economy and make it easier for investors to invest. This is very vulnerable to corrupt practices, therefore the government is urged to pay attention to the problem of eradicating corruption and related to human rights.
Hukum Tajam Ke Bawah Tumpul Ke Atas (Perspektif Sosiologis Penegakan Hukum di Indonesia) Irwan, Irwan; Wira Perdana, Fadjrin; Lumban Tungkup, Doharman; Miran, Miran; Suteki, Suteki
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.672

Abstract

Weak law enforcement and equitable development as well as other discriminatory treatments still occur in the implementation of minority rights in Indonesia. The purpose of this research is to examine law enforcement "sharp down, blunt up" from a sociological legal perspective. This study uses a descriptive research method with a qualitative approach. Data collection was carried out by studying literature from previous studies, then used to analyze the phenomenon of legal decisions in Indonesia. The phenomenon of law sharp downwards and blunt upwards is the reality of law enforcement caused by legal practices that are oriented towards justice. Efforts to realize material (substantive) justice in law enforcement (criminal) in court, can be provided through a legal pluralism approach and the ability of judges to evaluate laws. Law enforcement must be carried out appropriately and effectively to measure the success of the state. The running Indonesian state of law must also pay attention to aspects of divinity, humanity, deliberation, and justice.
Analisis Implementasi Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Alam, Kodrat; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i07.675

Abstract

The stipulation of the Omnibus Law on the Job Creation Act as a regulation that regulates various sectors aims to improve the investment climate and willingness to establish a business in Indonesia in order to create wider job opportunities so that it can absorb more of the workforce. But in fact, the enactment of the Job Creation Law has actually caused a lot of turmoil and demonstrations in various regions in Indonesia because there are articles that are considered contradictory and can degrade rights and welfare, ignore environmental sustainability and the sustainability of living together. The purpose of this research is to look at the implementation of the Job Creation Act after it is legal as a law. This study uses a juridical-normative qualitative method with a statutory approach, a conceptual approach and a historical approach. The results of this study show that there are at least 7 sectors or clusters that get enough attention because the contents of the articles in them are said to be quite controversial. These clusters include the Investment and Business Activity Ecosystem Improvement cluster, the Employment Cluster Ease, Protection, and Empowerment of Cooperatives, Enterprises, Micro, Small and Medium Enterprises, the Ease of Doing Business cluster, the Research and Innovation Support cluster, the Land Acquisition cluster, and the Government Administration Implementation cluster.
Identifikasi Benturan Kebiasaan Masyarakat Badui Dengan Hukum Positif Indonesia Amanda, Monica; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i07.677

Abstract

The Badui tribe is one of the indigenous tribes in Indonesia that still survives to this day. Geographically, the Badui tribe is close to the national capital. However, this does not necessarily make the Badui tribe eliminate the customs and laws that apply to the tribe, so it often clashes with positive law in Indonesia. This study aims to identify the clash of Badui habits with positive Indonesian law. The qualitative approach method was used to collect data and analysis. Data were collected by observation and literature study. The results show that the clash between the habits that develop in the Badui community and the provisions of positive law is a factual condition that occurs in society. For this reason, it is essential to carry out legal acculturation so that the Badui Customary Law can run in harmony with positive Indonesian law.
Co-Authors Alam, Kodrat Fadjrin Wira Perdana Irwan Irwan JOKO SETIONO Miran, Miran Monica Amanda Surnata, Surnata Suteki, Suteki Wahyudi Siswanto