Perluasan Makna Partisipasi Masyarakat dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi

SY, Helmi Chandra; Irawan, Shelvin Putri

doi:10.31078/jk1942

Cited by 6 publications

(3 citation statements)

References 1 publication

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“…Thus, all levels of society have the widest opportunity to provide in the formation of laws and regulations. The form of openness in the formation of laws and regulations is carried out in every process, namely planning, drafting, discussing, ratifying or determining and promulgating (SY & Irawan, 2022). Likewise with what is the problem in the preparation of the Health Bill with the omnibus law method demanded by the community, which in this case is the professional organization of health workers.…”

Section: The Politics Of Law In the Omnibus Lawmentioning

confidence: 99%

Legal Politics of Establishing a Health Bill with the Omnibus Law Method

Iskandar¹

2023

J Legal, Brief, Legal Brief

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Omnibus law is a new method of changing a legal product in Indonesia. Likewise in regulations in the health sector. The government, through a body that does have the authority to prepare legal products, decided to change legal products in the health sector with the Omnibus law method. There will be at least 15 health law products revamped in the 2023 legislation program in the health sector. Over time, various polemics in the formation of the Health Bill with omnibus law turned out to trigger polemics in the community, especially for related parties such as the health worker profession that exists in Indonesia. This study aims to analyze the politics of law in the formation of the Health Bill using the omnibus law method. The type of research used in this research is normative legal research. The approach used is a statutory and conceptual approach. The results of the study that the direction of legal politics will be closely related to health. Health development is directed at increasing the awareness, willingness, and ability to live a healthy life for everyone in order to realize the highest degree of public health, as an investment for the development of socially and economically productive Human Resources (HR). Then, the legal product of the Health Bill with omnibus law is directed to the fulfillment of the right to health as an integral part of the existence of human rights where the state has an obligation to fulfill and protect the right to health.

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Section: The Politics Of Law In the Omnibus Lawmentioning

confidence: 99%

Legal Politics of Establishing a Health Bill with the Omnibus Law Method

Iskandar¹

2023

J Legal, Brief, Legal Brief

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“…The second case is an outcome of the first case. Regardless of the issue with the status of Law Number 11 of 2020, which was already declared conditionally unconstitutional 23 , the actions from the Coordinating Ministry for Economy Affairs that has issued beschikking, even if it only contained the results of the agreement set forth in the letter, have been used as a reference or source of legitimacy and cancellation of authority for state institutions.…”

Section: Sengketa Kewenangan Antarlembaga Negara Yang Kewenangannya D...mentioning

confidence: 99%

Authority Dispute Between State Institutions Whose Authorities from Regulations Below the 1945 Constitution

Saifulloh,

Riska Answendy

2023

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The dispute over authority between state institutions whose authorities are based on regulations under the 1945 Constitution cannot be resolved through a decision (beschikking), considering that matters involving overlapping authority that has been included in the regulations (regelling) and will remain in effect unless one of the matters has been annulled. This research aims to elaborate the pattern of power restriction on state institutions and find out the resolution of authority disputes between state institutions whose authority is based on regulations under the 1945 Constitution. This research is a legal argumentation using a normative research approach. The results of the research show that each state institution obtains authority by attribution, which originates from the 1945 Constitution or from regulations under the 1945 Constitution. The annulment of material containing authority that is sourced from the regulations under the 1945 Constitution can only be carried out through a material test (judicial review) by the judiciary, namely the Supreme Court.

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“…The state's responsibility should be evident when passing laws required by the people. 25 Community inclusion plays a crucial role in the creation of local tax laws because the people bear the tax burden. From a sociological perspective, 26 taxes are a social phenomenon that only exists within the lives of the community.…”

Section: Ius Constitutum and Historical Regulation Of Local Taxesmentioning

confidence: 99%

Impact of Regulating Inadequate Local Tax Types on Fiscal Independence

Muja'hidah,

Syamsuddin

2023

Fiat Justisia

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The autonomy of a region is measured by its ability to generate and finance income without relying on the central government. The effective operation of the government necessitates a budget and different regions possess the authority to impose taxes in generating revenue. This is stipulated in Law Number 1 of 2022 pertaining to the Financial Relations Between the Central and Local Governments. In this Law, local governments are prohibited from levying new types of taxes. Furthermore, only the specified types can be selected and should be established in the form of local regulations (Perda). The selection requires that the tax objects exist and have sufficient potential to increase Local Revenue (PAD) and fiscal independence. Therefore, this study aimed to understand and analyze the meaning of regulating tax types for autonomous regions and to analyze the implications of inadequacy on fiscal independence. Normative-juridical research type is used with legislation, conceptual, and historical approaches. The result shows that the implication of inadequate tax types to be collected can weaken fiscal decentration. This is because the inadequate tax object does not make a significant contribution to increasing PAD. Therefore, a study in the form of a feasibility study is needed to map the potential of local taxes before stipulating the type in the regulation.

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Perluasan Makna Partisipasi Masyarakat dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi

Cited by 6 publications

References 1 publication

Legal Politics of Establishing a Health Bill with the Omnibus Law Method

Legal Politics of Establishing a Health Bill with the Omnibus Law Method

Authority Dispute Between State Institutions Whose Authorities from Regulations Below the 1945 Constitution

Impact of Regulating Inadequate Local Tax Types on Fiscal Independence

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