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All Journal Varia Justicia Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Ahmad Rustan Syamsuddin
Universitas Muhammadiyah Kendari
Law, Crime, Criminology & Criminal Justice

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

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Analyzing the Presidential Power Constraints and the DPR Power Enhancement in the Indonesian 1945 Constitution: A Critical Approach Saepullah Saepullah; Rudy Iskandar Ichlas; Ahmad Rustan; Nur Nashriani Jufri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3596

Abstract

This study delves into an examination of how the 1945 Constitution establishes multiple constraints on the President's authority while bolstering the influence of the DPR (People's Consultative Assembly). The research aims to comprehensively analyze the scope of powers granted by the 1945 Constitution to both the President and the DPR. Employing a normative research methodology, this investigation reveals that the 1945 Constitution places specific limitations on the President while strengthening the authority of the DPR through various means. Notably, the Constitution imposes term limits solely on the President, not on the DPR. Although the President participates in the legislative process, certain restrictions apply, and certain powers are granted to the President as the head of state, but they necessitate the involvement of the DPR. In contrast, specific rights exclusively pertain to the DPR in support of its duties, without extending these same rights to the President. Such a scenario underscores the imperative of establishing a constitutional balance of power between the executive authority of the President and the legislative authority of the DPR.
Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri Jefri; Ahmad Rustan; Rudy Iskandar Ichlas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
Co-Authors Jefri Jefri Ju Lan Hsieh Nur Nashriani Jufri Rudy Iskandar Ichlas Saepullah Saepullah Wahyudi Umar