行政健康的立法管理

Agus Suntoro, Kania Rahma Nureda
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引用次数: 2

摘要

佐科·维多多总统于2020年11月2日签署了关于创造就业的2020年第11号法,即公众所知的综合法。综合法是79部旨在鼓励投资和创造就业机会的法律的简化机制。政府和议会没有认真对待公众在实质和形式上的各种愿望和反对意见,而是逮捕和拘留,并建议在宪法法院进行司法审查。综合法律的存在将增加监管的肥胖,因为它强加了450(450)个安排的授权,并进一步强调行政权力的主导地位。使用的研究方法是定性与描述性的陈述。主要的法律资料是通过向国会议员和学者/专家询问而收集的,而次要的法律资料是基于报告、期刊、书籍和法规。本研究的结论是:(a)总统作为议会成员数达到74%的联盟领导人的权力影响了《创造就业法》讨论的加速;(二)形成过程在形式上仍存在问题,特别是缺乏公众参与和透明度,但综合法已成为国家行政体制形成的新传统;(c)《创造就业法》成为行政权力支配和统合的一个指标,并减少了起草法律的立法权威。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
OMNIBUS LAW: DOMINASI KEKUASAAN EKSEKUTIF DALAM PEMBENTUKAN LEGISLASI
President Joko Widodo on November 2, 2020 signed Law No. 11 of 2020 concerning Job Creation, which is known to the public as the omnibus law. The omnibus law is a simplification mechanism for 79 (seventy nine) laws aimed at encouraging investment and job creation. Various aspirations and objections from the public, in terms of substance and formality were not taken seriously by the government and parliament, instead there were arrests, detentions and suggested a judicial review at the Constitutional Court. The presence of the omnibus law will increase regulatory obesity because it imposes a delegation of 450 (four hundred and fifty) arrangements and further emphasizes the dominance of executive power. The research method used is qualitative with descriptive presentation. Primary legal materials are collected through inquiries from members of parliament and academics/experts, while secondary legal materials are based on reports, journals, books and regulations. This research concludes that: (a) the acceleration of the discussion of the Job Creation Law is influenced by the power of the President as the leader of the coalition whose membership reaches 74% in parliament; (b) the formation process is still problematic in the formal aspect, especially with the lack of public participation and transparency, but the omnibus law has become a new tradition in the formation of the state administration system; and (c) the Job Creation Law becomes an indicator of the domination and integralism of executive power and a reduction in legislative authority in drafting laws.
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