Disahkannya Perpres No. 191 Tahun 2014 tentang Penyediaan, Pendistribusian dan Harga Jual Eceran Bahan Bakar Minyak pada 31 Desember 2014 lalu menandakan komitmen Indonesia dalam mengurangi penggunaan energi tak ramah lingkungan. Perpres No. 191 Tahun 2014 ini membatasi pendistribusian Premium untuk wilayah yang menghasilkan gas buang kendaraan bermotor dengan jumlah besar seperti Jawa dan Bali. Namun, pada 24 Mei 2018 lalu, Presiden Jokowi mengesahkan Perpres No. 43 Tahun 2018 yang kembali mewajibkan pendistribusian Premium di wilayah Jawa dan Bali. Rencana ini bertentangan dengan komitmen Indonesia dalam mengimplementasikan baku mutu emisi gas buang Euro 4 yang diadopsi melalui Permen LH No. 20 Tahun 2017 tentang Baku Mutu Emisi Gas Buang Kendaraan Bermotor Tipe Baru Kategori M, N, dan O. Artikel ini mengaplikasikan metode penelitian audit kebijakan. Simpulan dari artikel ini adalah evidence-based policy making tidak diimplementasikan dalam perumusan Perpres No. 43 Tahun 2018. Meskipun bukti ilmiah menunjukkan bahwa Premium tidak memenuhi standar Euro 4, Pemerintah tetap bersikeras mewajibkan kembali pendistribusian Premium di wilayah Jawa dan Bali.
The COVID-19 pandemic has a very significant impact on the global economy, especially in the business sector, which has suffered significant losses. On this matter it is deemed necessary to carry out research with the objectives first, to determine whether the policies implemented by companies in the form of employment termination and temporary workers layoff in order to survive the company can be legally justified, second, to determine what forms of legal protection should be obtained by workers in an industrial relationship with companies amidst of COVID-19, and third, to determine what forms of work relations/alternative policy models that can be offered to companies to be able to ease the burden on the company while being able to provide protection for workers amidst COVID-19. Research method that is applied is normative legal research with a statutory approach and legal concepts. The results show that company policies in the form of layoffs during the COVID-19 pandemic can be justified as long as they comply with the provisions of Article 163 to Article 165 of the Manpower Law, the act of laying off workers can be justified as long as it complies the provisions of the Minister of Manpower Circular Letter Number 5/1998 and Minister of Manpower Circular Letter Number 907/2004. Legal protection that shall be obtained if a worker is laid off must comply with the provisions of Article 156 of the Manpower Law. Companies can implement an industrial relationship by implementing Work From Home (WFH) during the COVID-19 pandemic.
Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.
In the age of digitalization, data-driven political campaign has rapidly shifted into sophisticated data profiling and big data analysis. In Indonesia, the privacy implications of data profiling for political purposes have not been thoroughly studied, much less regulated. This paper aims to conduct a comparative regulatory study between the European Union General Data Protection Regulation (EU GDPR) and Indonesian laws concerning personal data protection in facing the growing practice of data profiling for political purposes. In conclusion, in order to prevent unfair and non-transparent data profiling for political purposes in the upcoming 2019 general election, Indonesia should enact a comprehensive data protection law which provides data subjects with the right to information related to profiling and establishing independent supervisory authority.
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