The Authority of the People’s Consultative Assembly and the Discourse of the Limited Amendment of the Constitution

Sulardi,; Esfandiari, Fitria

doi:10.2991/aebmr.k.200513.050

Cited by 2 publications

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“…Personality can be interpreted as an essential nature that is reflected in the attitude of a person or a nation that distinguishes it from other people or nations. The nation can be interpreted as a society that together with its ancestry, customs, language and history, as well as self-government [19], [20]. The legal system of a nation cannot be separated from its human context because the law exists and is destined for human life [21].…”

Section: Reasons Why Must Break Away From Colonial Lawmentioning

confidence: 99%

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Hidayah¹,

Esfandiari²,

Al-Fatih³

2021

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

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When a national law came into force, the previous law made in the colonial era was concrete that the Constitution should be repealed. For example, the enactment of Law No.5 / 19960 on the Basic Terms of the Agrarian repeal the provisions of land, water and natural resources contained in Book II of the Civil law, or the operation of Law No. 1/1974 on Marriage revokes the provisions on matters relating to marriage found in the Civil Law Book. However, this is not the case with the Employment Law where provisions of Chapter VIIA of Article 1601 of the Civil Code until 1617 of the Civil Code are still in effect, until the drafting of an omnibus draft law on Work Creation, also does not invalidate the provisions of the Employment in Code Civil Law. This study aims to examine historically and conceptually whether the terms of the employment in the Code Civil Law are right or not. Research method is normative. The results show that Indonesia must break free from colonial rule and gradually establish its national law that has the philosophical basis of Pancasila. To make it happen, the revisions to Law No. 13/2003 should be done in addition to the burden of: (a) employment agreement between husband and wife, b) provision of fines accompanying compensation, c) employers 'obligation to pay wages on time, d) employers' obligation to provide employment certificates, 5) Responsibility and compensation for Outsourcing Contract.

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Section: Reasons Why Must Break Away From Colonial Lawmentioning

confidence: 99%

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Hidayah¹,

Esfandiari²,

Al-Fatih³

2021

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

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“…The Republic of Indonesia as a unitary state adheres to the principle of decentralization in the framework of administering governance, by providing opportunities and flexibility for regions to carry out regional autonomy. (Sulardi & Esfandiari, 2020). Therefore, Article 18 of the 1945 Constitution, among other things states that the Unitary State of the Republic of Indonesia is divided into provincial areas and provincial areas are divided into districts and regional governments that prioritize the implementation of the principle of decentralization (Nawawi, 2015).…”

Section: Introductionmentioning

confidence: 99%

Implementation of the Supervision Function of the Regional People's Representative Council of Regional Regulations in Surabaya City

Dwiyanti

Haruni

Esfandiari

2021

JHR

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The Regional People's Representative Council (DPRD) as an element in administering the Regional Government which is positioned as an equal partner with the Regional Government has the main function of controlling the running of the Regional Government to realize good governance. So that the DPRD's oversight function of the implementation of Regional Regulations which is the main activity of DPRD in controlling the running of Regional Government will be the focus of research. The problem in this paper is knowing and analyzing the form of DPRD supervision on the implementation of Regional Regulations in the City of Surabaya and the follow-up of the supervisory function on the implementation of Regional Regulations in the City of Surabaya. In addition, it also analyzes the obstacles faced in carrying out this supervisory function. The method used is a sociological juridical approach, which is a study of the real situation of the community or the real situation in the field with the intent and purpose of finding facts. The results showed that the form of DPRD supervision of the implementation of Regional Regulations in the City of Surabaya was carried out through DPRD organs by means of preventive supervision and also repressive supervision. Furthermore, follow-up supervision is carried out by providing recommendations to the Regional Government to provide suggestions and to make improvements. The obstacles faced by the DPRD in carrying out its supervisory function are internal and external factors. Finally, carrying out the supervisory function of the Surabaya City DPRD has not been carried out optimally so that the implementation of the supervisory function needs regulations that regulate and also regulations related to the formal education standards for the recruitment of DPRD members.Keywords : Implementation, Control Function of Regional People’s Representative

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The Authority of the People’s Consultative Assembly and the Discourse of the Limited Amendment of the Constitution

Cited by 2 publications

References 0 publications

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Implementation of the Supervision Function of the Regional People's Representative Council of Regional Regulations in Surabaya City

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