The Regional Representative Council (DPD) was born in the era where changes to the 1945 Constitution occurred and new problems appeared in the representation system in Indonesia. Based on the provisions of the Constitution of the Republic of Indonesia (UUD) NRI Article 22 C Year 1945, DPD members that are elected through elections and DPD members from each province consist of the same number that is four members, this shows the same provisions without considering the territorial territory and the population of each province. In UUD NRI Article 22 D Year 1945, the regional representative council does not hold any power to form a law. The regional representative council can only submit a draft law to the regional representative council, thus they are unable to make a final political decision. The limited authority of the legislative function of DPD has become a necessity for its reconstruction. Legally, the improvement of this legislation can be done by regularly developing the UUD NRI Year 1945. This is to avoid the implementation of the function of the regional representative council, which does not reflect the spirit of democracy and as one of the mandates of popular sovereignty.
Pembacaan akta oleh notaris merupakan hal yang penting karena banyak kepentingan yang terkait didalamnya. Pembacaan akta dimaksudkan untuk memastikan bahwa akta otentik yang dibuat oleh Notaris sesuai dengan keinginan atau kehendak para penghadap yang membuat akta. Adanya pengecualian dalam pengaturan mengenai pembacaan akta dalam UUJN , dapat dijadikan tameng untuk tidak melakukan pembacaan akta seperti yang diamanatkan dalam Pasal 16 ayat 1 huruf m UUJN. Hal ini tentu saja akan berdampak pada besarnya kemungkinan terjadi konflik hukum diwaktu yang akan datang. Penelitian ini merupakan penelitian yuridis normatif dengan menggunakan 3 (tiga) pendekatan yaitu pendekatan perundang-undangan, pendekatan konseptual dan pendekatan sejarah. Hasil dari penelitian adalah bahwa Ratio Legis dari pengaturan mengenai Kewajiban Pembacaan Akta yang mewajibkan Notaris untuk membacakan akta didasari pada landasan filosofis dari pembentukan Undang-Undang tersebut, yang secara eksplisit dinyatakan dalam Pasal 3 UUD NRI 1945, bahwa Negara menjamin kepastian dan perlindungan hukum yang berintikan kebenaran dan keadilan terwujud didalam masyarakat. Akan tetapi beragam kepentingan yang melatarbelakangi pembentukan undang-undang mengenai pengaturan kewajiban pembacaan Akta tersebut, menjadikan peraturan ini tidak konsististen yang berakibat tidak adanya kepastian hukum didalamnya.
The management of type B/C road transportation passenger terminal and operation/closure of weighing equipment permanently by the central government after the enactment of Act Number 23 of 2014 on Local Government is not in accordance with the principle of regional autonomy. Regarding the Provincial and district governments, according to the 1945 Constitution of the Republic of Indonesia, it is stipulated that regional governments regulate and administer government affairs themselves according to the principles of autonomy and co-administration. The division of government authority for the management of the type B/C road transportation passenger terminal has been shared by the central government to local governments. Handover of personnel, funding, facilities and infrastructure, as well as documents due to the division of Government affairs between the central, provincial and regional governments, there found regions that have not carried out the handover of government affairs as regulated by the Act Number 23 of 2014, for there are road transportation passenger terminals that the status are downgraded. As for the operation and closure of the weighing equipment permanently, namely weigh bridges, several weighing devices are still available and have not functioned regularly by the central government, especially in East Java Province. Thus this case creates legal uncertainty on the implementation of government affairs and causes society disobedience ontransportation order and smoothness as a means for a city/regency for the progress and development of infrastructure. Moreover, transportation can increase the accessibility of relations among one region and another.
The dialectics of the regulation of foreign workers, is a problematic indication as a legal problem in Indonesian legislation. This article aims to describe the urgency of critical studies concerning the regulation of foreign workers by exploring existing legal problems with national commitments to ratify international agreements regarding free trade, with a case study in Indonesia. By using normative and juridical approach with a variety of approaches both the law approach, conceptual approach, case approach and comparative approach, the study found that the regulation there is an inconsistency clause regarding special competencies that must be owned by foreign workers, including the selection and use of terminology in Act No. 13 of 2003 concerning Manpower. Thus, this study offers a constitutional solution due to the regulation of the subordinate foreign workers on international trade commitments which in turn negate the constitutional goals of creating the welfare of domestic workers. The normative consequences that immediately bind Indonesia after integrating itself in the World Trade Organization (WTO) membership are services trade agreements that are contained in the regulations of the General Agreement on Trade in Services (GATS). Based on the GATT/WTO rules, national legislation or labor regulations that are too protective are considered to violate WTO provisions because the WTO substantially requires the creation of policies without discrimination in all matters including equalizing the position of foreign workers and domestic workers. The final finding of this study offers to draft the concept of future regulation regarding the regulation of foreign workers who are loaded with elements of the objectives of constitutional-based law. Received: 25 September 2020 / Accepted: 9 April 2021 / Published: 10 May 2021
Indonesia has guaranteed its people to associate and express their opinions as stipulated in the provisions of Article 28E Paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the advantage of freedom of association lead the citizens to establish a political party in Indonesia, which has been guaranteed by the provisions of Article 24 Paragraph 2 of Act 39 of 199 concerning Human Rights (Every citizen or community group has the right to establish political parties, non-governmental organizations or other organizations to participate in the government and state administration in line with the demands of protection, enforcement, and advancement of human rights in accordance with the provisions of the legislation) as it is known that Indonesia is a state of law (Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia). It means all forms of governance are carried out based on the law. In another hand, regulation is needed to establish a political party which leads to simplification of political parties, it is done due to create national support balance.
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