Ketidakpastian Hukum Kewenangan Lembaga Pembentuk Undang-Undang Akibat Pengabaian Putusan Mahkamah Konstitusi

Abstract

The Indonesian House of Representatives and the President has established the Act Num. 17 Year 2014 on MPR, DPR, DPD, and the DPRD (Act MD3). The Act consists provisions that have been declared incompatible with the Constitution 1945 and does not have binding legal force by the Constitutional Court Decision Num. 92/PUU-X/2012. The result is a duality norm. The first norm is the norm authorizes the establishment of laws that have already been decided in the judgment of the Constitutional Court No. 92/PUU-X/2012. The second norm is the new norm about authority of making laws specified in the Act MD3. Both of norms are contrary, so in the implementation (rechtstoepassing), House of Representatives, and the President is faced with two choices provisions of legislation. DPD authority in making the draft law becomes blurred. Similarly for the House of Representatives and the President also no certainty authority in relationship with DPD in the act making process. Should the House of Representatives and the President uphold the principle of self respect or self obidence (the government should respect the decisions of the judiciary).

Optimizing Health Protocol Enforcement during the Covid-19 Pandemic

“…Supervision is a preventive measure to force compliance, while the application of sanctions is a repressive one to force it (Berge, 2014). Sanctions are described as: "rules that determine the consequences of non-compliance or with norm violations" (associatedde sanctie wordt gedefinieerd als: "regels die voorschrijven welke gevolgen aan de niet naleving of de overtreding van de normen verbonden worden) (Dupont, & Verstraeten, 1990 These sanctions are used as a means of power that seeks to comply with norms, and these efforts are aimed at minimizing losses caused by violating norms (Widiarto, 2015). Romanian legal literature defines sanctions as "the sanction as a consequence of not observing a rule of conduct prescribed or sanctioned by the state (Fodor, 2007).…”

Legal Protection and Certainty for Employees of the Public Entity of Insurance and Social Security (BPJS Ketenagakerjaan)

“…These different arrangements in each public legal entity contain legal consequences on the scope of regulation and the applicability of the regulated legal substance, such as one them and including regulations related to the staffing system in public legal entities. Legal legitimacy is especially related to the civil service system for public legal entities that are not bound by regulations regarding the state civil apparatus, so the regulation is bound by the regulations governing each public legal entity because there are no regulations that generally regulate employment in public law such as like the law on the state civil apparatus, which specifically regulates civil service so that there is a void of norms or unclear norms (Widiarto, A.E., 2015).…”