Journal of Interdisciplinary Legal Issues

LEGAL PROTECTION OF GIG WORKERS IN INDONESIA: REVIEWING LEGAL JUSTICE, CERTAINTY AND EXPEDIENCY

S.H.S. Ulil Albab, Azhar Muhammad Hasan, Kevin Sibarani — Wed, 06 Sep 2023 23:38:37 +0700

The rapid development of technology raises the existence of new employment concept called the gig economy. This concept implements a partnership agreement between the company (digital platform) and the gig workers which can be classified as a non-standard employment relationship or disguised employment relationship. Non-standard work relationships in the gig economy have not yet received a clear legal form in Indonesia, so they do not reflect the objectives of law formation, i.e. justice, legal certainty and expediency. As a comparison in United Kingdom, through the UK Supreme Court decision stated that partnership relations in the gig economy can be categorized as an employment relationship. This study focuses on the legal relationship between gig workers and independent contractors regarding the elements of justice, legal certainty, and expediency for gig workers from the perspective of labor law in Indonesia. Furthermore, this study also tries to seek how do other countries see the concept of the gig economy in juridical approach. This study uses a juridical-normative research method with library and empirical study techniques. The results of this study may suggest that the absence of a legal forms can be impact on the welfare and legal protection of gig workers. Unlike the UK, which has determined that gig workers are included in the category of employment relationship, so gig workers get employment benefits. Therefore, there is a need for specific regulations to the application and practice of the gig economy to ensure the rights and legal protection for gig workers.

SMART-LEGISLATION FOR MEANINGFUL PARTICIPATION IN URBAN POLICYMAKING: AN OVERVIEW POST-ISSUANCE OF ACT NUMBER 13 OF 2022

Bani Pamungkas — Wed, 06 Sep 2023 23:41:13 +0700

On June 22, the President and the DPR passed Law No. 13 of 2022, which is the second change to Law No. 12 of 2011 about making laws and regulations. One of the significant changes in Law No. 13 of 2022 is that it allows for the use of online technology to achieve more meaningful participation in the legislative process. This rule change was made in response to the decision of the Constitutional Court (No.91/PUU-XVIII/2020) in the case of the Formal Review of Law Number 11 of 2020 Concerning Job Creation against the Constitution. Online technology arrangements to strengthen public participation in Law 13/22 also apply in the local legislative process. Thus, the use of information technology to strengthen governance and public services has grown in regions, particularly in urban areas. ICT has played a role in initiatives to make cities smarter. Under the smart city initiative, ICT-enabled city government could carry out their tasks more effectively and efficiently by engaging citizens and other stakeholders in meaningful ways that encourage collaborative governance. This study examines the concept of meaningful participation in the context of smart cities, with a particular emphasis on analyzing the phenomenon of smart collaboration as a foundation for developing smart legislation. Using existing collaboration and participation concepts in the smart city arena, an empirical analysis of how ICT can support meaningful participation in urban policy and regulation making processes, as well as strengthen collaboration between urban government and citizens, was conducted.

ADDITIONAL PENALTY BY REVOKING OF POLITICAL RIGHT IN CRIMINAL ACTS OF CORRUPTION: ARRANGEMENT PROPORTIONALITY AND IMPLEMENTATION DISPARITY

Handrawan Handrawan. — Wed, 06 Sep 2023 23:42:56 +0700

Abstract

This research is a normative law research using a conceptual and statute approach. In the philosophical context, the revocation of political rights has the purpose to protect public morality, to guarantee that the public officer has a good integrity to keep the third person’s interest –society–, to keep the democracy pillar, and to give the wary effect in order that the revocation of political right is not as the degradation of human status. In the human right context, the revocation of political right is derogable right through a justice process. The revocation of political right without a law mechanism is unconstitutional. The disparity of the judge’s ruling in the revocation of political right is caused by some weak elements of law namely, no guidelines in revoking the political right, the position of the revocation of the political right as an optional additional-penalty, and the differences of judge’s philosophical law of thought. In the legal constitutional context, the conflict occurs between the ruling of court and constitutional court. When there is a legal conflict problem related to the revocation of political rights, the solution is to refer to the decision of the constitutional court which has a higher position based on the principle of authority. Therefore, in the development of additional criminal sanctions related to the revocation of political rights in the future, the dimensions of criminal objectives must be absolute, with terms and conditions, criminal objectives which are relative to the terms and conditions, dimension of balance with terms and conditions, and eliminating the revocation of political rights on terms and conditions.

Keywords: Proportion, Disparity of Revoking the Political Right, Criminal Acts of Corruption

ANTICIPATING ELECTION POSTPONEMENT: PREPARING THE LEGAL FRAMEWORK OF ELECTORAL MANAGEMENT DURING PANDEMIC BASED ON RISK MANAGEMENT

Kahfi Adlan Hafiz — Wed, 06 Sep 2023 23:44:26 +0700

One of the various reasons for postponing elections nowadays is the unpreparedness of electoral management in dealing with the Covid-19 pandemic. Along with lifting Covid-19 restrictions (PPKM) in Indonesia, the world is still haunted by the Covid-19 pandemic or other disease outbreaks that could affect election management. Therefore, it is crucial to prepare electoral governance through a responsive legal framework to mitigate the adverse effects of a pandemic. The legal framework should be based on risk management and become a basis for the dynamics and complexity policies on electoral management. Furthermore, the design of electoral management should be aware of several aspects and election stages such as management plan, voters and candidate registration, campaign and rally, temporary officer recruitment, voting and counting process, and election observation. Furthermore, the electoral process, including the voting and counting process, can adopt the Special Voting Arrangement (SVA) through various models such as postal vote, early vote, and mobile vote. This study will explain the possibility of special electoral arrangement and SVA adoption in the legal framework and give relevant recommendations. This model can strengthen the responsive legal framework for elections to mitigate the negative impacts of the pandemic and anticipate the unconstitutional discourse on postponing elections that violates the periodic principle in elections.

PRINSIP KERELAAN/TARADHIN DALAM PARATE EKSEKUSI JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Muhammad Tun Samudra — Wed, 06 Sep 2023 23:46:14 +0700

Artikel ini menganalisis Prinsip Kerelaan dalam parate eksekusi jaminan fidusia pasca putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019. Dalam Pelaksanaannya, parate eksekusi jaminan fidusia dapat dilakukan baik dengan persetujuan maupun tanpa adanya persetujuan dari nasabah/pemberi fidusia. Kondisi demikian sering menimbulkan kesewenang-wenangan terhadap nasabah/pemberi fidusia yang disertai disertai paksaan dankekerasan oleh pemegang fidusia (kreditur) dimana hal tersebut sangat merendahkan harkat dan martabat pemberi fidusia Dari penelitian yang dilakukan ditemukan bahwa penerapan prinsip kerelaan dalam parate eksekusi jaminan fidusia oleh MK telah memberikan maslahat dan mencegah kemudharatan bagi pemberi dan penerima fidusia. Hal tersebut terlihat dari pokok pemikiran Majelsi Hakim MK yang menyatakan bahwa parate eksekusi tidak boleh lagi dilakukan tanpa adanya kesepakatan mengenai wanprestasi nasabah dan kerelaan nasabah untuk menyerahkan agunannya. Jika nasabah tidak mengakui bahwa ia wanprestasi, maka pemegang fidusia dapat mengajukan permohonan melalui fiat eksekusi pada pengadilan.

The IMPLEMENTATION OF GREEN INVESTMENT UNDER PRESIDENTIAL DECREE NUMBER 112 YEAR 2022

Krisnady Kesumadiksa, Rezaldy — Wed, 06 Sep 2023 23:47:46 +0700

In recent years, the amount of carbon emission is increasing in expedite number, due to industrial activities. This development will affect not only to the environment, but also to the economic activity in the future. Consequently, each state, including Indonesia, is intensely formulating their regulation which stipulates about “green investment”. This term defined as an investment activity that focused on environmental issues, such as sustainability, climate change and renewable energy. In regards to the issue, Law Number 25 Year 2007 concerning Investment, as amended by Law Number 11 Year 2020 concerning Job Creation has accommodated it under Article 3 paragraph 1 point h, where investment should be conducted in an environmentally sound manners. To urge the green investment, Indonesia enacted Presidential Decree Number 112 Year 2022 concerning The Acceleration of Renewable Energy for National Electricity, in order to replace the Coal Steam Power Plant (PLTU) which deemed non-friendly to the environment. The objective of this paper is to depict how the implementation of green investment in the development of renewable energy for Indonesian electricity. Judicial Normative will be the method used in this paper. The result of this paper shows that green investment in renewable energy should be done in mixed approach, where Indonesia should take into account both the implementation of green investment and the electricity’s demand and supply condition in Indonesia itself.

BOOK REVIEW: IMPERIALISM, SOVEREIGNTY AND THE MAKING OF INTERNATIONAL LAW

Stephanie Kristina Susanto, Tiffany Linda Rosemarry — Wed, 06 Sep 2023 23:49:24 +0700

This review critiques Antony Anghie’s book titled Imperialism, Sovereignty and the Making of International Law. The review will evaluate the author’s approach on the history of international law, as well as review the book’s importance towards the scholarship on Third World Approaches to International Law.