Primagraha Law Review

Indonesian State of Law: The Essence of Human Rights Protection in the Establishment of Laws and Regulation

2023-01-24T17:51:23+07:00

The social life of the community contains a wedge of rights breaches committed both by individuals and by the state. Thus, the requirement for rights protection in the establishment of laws and regulations is affirmed. Law is the basis for the State of Law in social and state life. The establishment of laws and regulations is supposed to restrain excessive state authority and create limitations for each individual so that they do not violate the rights of others. The current State of Law paradigm has stressed the protection of Human Rights as being complementary in the functioning of society and the state. This is inextricably linked to the crucial role of Human Rights as natural rights that must be maintained and defended by all individuals and states. The protection of Human Rights has been made a part of the rights guaranteed by amendments of the 1945 Constitution of the Republic of Indonesia. Legislation programs in the establishment of laws and regulations must be oriented to be in conformity with Pancasila, the 1945 Constitution of the Republic of Indonesia, the National Medium-Term Development Plan, and must satisfy aspects of Human Rights protection. As a result, it is hoped that the goal of establishing laws and regulations that bring justice and benefits to the community would be realized in the development of the Indonesian State of Law.

Hilangnya Eksistensi Kekhususan Tindak Pidana Korupsi Dalam RKUHP

2023-01-27T08:59:52+07:00

Corruption is an extraordinary crime, or it can be called Extraordinary Crime, so that corruption has a position that is different from other general crimes such as persecution, murder, theft, and others. We can see that the law regarding criminal acts of corruption is contained in Law Number 21 of 2001 Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption Crimes. The research method that will be used in this research is normative. Normative research is research that focuses on a problem, such as correlating one with another. The legal materials in this study employ both primary and secondary methods, with the primary focusing on issues that will be addressed through legislation and the secondary on the legitimacy of government institutions. While secondary, taking legal materials through books, journals, and other written works The imposition of sanctions in the explanation above is not in accordance with the principle of a specific crime, which imposes the most severe sanctions on the perpetrators. Giving heavy sanctions to perpetrators does not reduce corruption cases; moreover, the RKUHP actually makes it easier. This will potentially increase corruption cases in Indonesia, where corruption crimes are difficult to enforce by law enforcers. Elements of society play a very important role in the existence of criminal acts of corruption in the RKUHP. feel that the policies issued by the government are inappropriate, and we are trying to solve this problem. As a result, when the RKUHP was passed, the public began to understand the existence of articles in the RKUHP, particularly given the specifics of corruption.

Tarik-Menarik Kepentingan Dalam Legislasi Omnibus Law Undang-Undang Cipta Kerja

2023-01-26T11:28:05+07:00

Studies in this study found that the government as policy makers make efforts to form regulations with the concept of omnibus law that is so many laws will be simplified with one law only. There are several laws that are considered to overlap, namely the licensing cluster, in the academic paper of the job creation law, there are eighteen regulations that are trying to be simplified. The method of research that the author tries to do in this study with a juridical-normative approach to political law. The results of this study indicate that the idea of omnibus law job creation law is a phenomenon of complexity related to investment in Indonesia, the complexity occurs on how to be able to bring investors to invest in Indonesia and finally the government issued a policy of omnibus law UU no. 11 of 2020 concerning Job Creation which aims to bring the investment climate in Indonesia in a healthy direction, so it needs to be supported by good and clear legal certainty.

Keywords: Omnibus Law, Policy, Investment.

Optimalisasi Desentralisasi Fiskal di Indonesia Pasca Lahirnya Rezim Undang-Undang HKPD

2023-02-01T23:58:40+07:00

Birth of Law No. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (HKPD Law) colors a new round of Fiscal Decentralization in Indonesia which in the last two decades has experienced ups and downs. This research is a type of normative research, the approach to be used is the statutory approach and the conceptual approach. Primary and secondary legal materials are collected through a literature study which will then be analyzed in a descriptive-qualitative manner and will later be outlined in the discussion description. The discussion results show that in the two decades of its implementation, fiscal decentralization has positively contributed to national development. However, several studies have also uncovered some negative developments. For this reason, in the context of accelerating development, improving, and responding to the challenges of the times, the HKPD Law was born. The substance of the HKPD Law is very positive in encouraging self-reliance and prosperity, starting from the reform of the tax and user fee system, and regional financing to central-regional synergy. In order to further optimize the HKPD Law, in the future several policy reforms are needed such as optimizing regional own-source revenues through wider tax decentralization, optimal utilization of regional financial loans, and involvement of law enforcement officials in TKDD supervision.

Tinjauan Yuridis Pertanggungjawaban Pemegang Saham Selaku Direktur Dalam Perseroan Perorangan Terhadap Putusan Pernyataan Kepailitan

2023-02-08T19:27:16+07:00

Incorporated Individual (PP) is a legal entity that can be established by 1 (one) founder who also acts as shareholder and director. PP was introduced to the public when the Job Creation Law was enacted in 2021. However, in practice there are still many questions and legal vacuums, especially regarding the position and process of bankruptcy. This study aims to review and evaluate regulations regarding the accountability of Shareholders as Directors in Incorporated Individual Against Bankruptcy Declaration Decisions. The approach method used in this research is normative juridical. The results to be aimed at are knowing the responsibility of shareholders as directors of individual companies against bankruptcy and knowing what needs to be evaluated regarding regulations regarding Incorporated Individual.