PANDANGAN TENTANG HUKUM DAN KEADILAN

Law as a method is always declared to be generally applicable to anyone and anywhere in the territory of the country, without discrimination. Although there are exceptions stated explicitly and based on certain reasons that can be accepted and justified. Basically, the law does not apply in a discriminatory manner, except for law enforcement officials or organizations in social reality that have imposed the law in a discriminatory manner. Finally, law enforcement does not reflect the existence of legal certainty and a sense of justice in society. Law will be meaningful if human behavior is influenced by law and if people use the law according to their behavior, while on the other hand the effectiveness of the law is closely related to the problem of legal compliance as the norm. This is different from the basic policies that are relatively neutral and depend on the universal value of the objectives and reasons for establishing legislation. In practice we see that there are laws which are mostly obeyed and there are laws that are not obeyed. The legal system will clearly collapse if everyone does not comply with the law and the law will lose its meaning. The ineffectiveness of laws tends to influence the timing of attitudes and quantity of non-compliance and has a real effect on legal behavior, including behavior of lawbreakers. This condition will affect law enforcement which guarantees certainty and justice in the community

THE URGENCE OF REGULATION OF FOREIGN WORKERS IN LAW NUMBER 11 OF 2020 CONCERNING WORK CREATION IN THE TIME OF THE COVID-19 PANDEMIC

The rate of entry of Foreign Workers in Indonesia during the current pandemic is very concerning, this is due to the consequences for the health of Indonesian citizens during the current Covid 19 period. This situation is made more complicated by the unregulated supervision and restrictions on the use of foreign workers in this country. This writing aims to analyze the problem of the absence of restrictions and supervision of foreign workers during the Covid 19 period in Indonesia today. The method used is normative juridical. Based on the study conducted, it was found that the political implementation of the use of foreign workers has not been able to achieve justice, this is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers which in turn resulted in unemployment and poverty problems. The weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Law no. 13 of 2003 and Law no. 6 of 2011. The supervision of foreign workers in the Employment Creation Law is not fully regulated, this results in an unstoppable rate of foreign workers so that it has an economic impact on TKI and health impacts for the local community

LEGAL REFORM PROTECTION OF THE RIGHTS AND CONDITIONS OF VICTIMS OF THE CRIME OF TRAFFICTING IN PEOPLE THROUGH THE IMPLEMENTATION OF RESTITUTIONS

The restoration of the rights and conditions of victims of trafficking in persons has not yet been carried out properly. This paper aims to further analyze the protection of victims of the crime of trafficking in persons who have not been able to accommodate the rights and losses of victims. The method is non-doctrinal with a socio-legal approach. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of trafficking in persons has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Trafficking in Persons is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of trafficking in persons to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution constrained for victims of trafficking in persons. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia. The update in this paper is to contribute thoughts regarding the importance of adding restitution as an additional crime in the provisions regarding criminal sanctions against perpetrators of criminal acts of trafficking in persons in Indonesia

OMNIBUS LAW WAS REVIEWED FROM THE EXCESS AND LACKS OF THE LEGAL CODIFICATION SYSTEM IN INDONESIA

Pros and cons of opinion that enlivened the government’s plan related to the omnibus law, among those who supported the government’s plan, stated that the omnibus law was the right solution to address the overlapping issues of several laws and regulations in Indonesia. But the opponents or contra think that the omnibus law plan is considered as an effort to delegitimize the rights of each sector of the nation’s life, especially concerning labor and other sectors that can be affected due to their enactment. The problem in writing this paper is how is omibus law in terms of advantages and disadvantages of the legal codification system in Indonesia? Codification and omnibus law systems are systematic and integrated written patterns of norms for written regulations based on the principle of popular sovereignty with the formation of laws as a product of political approval or the highest legislative act under the law basis through people’s representative institutions whose elaboration is further stipulated by executive acts by the implementing agency of the law or branch of executive power. Omnibus law is a product of the Act that can revoke or amend several existing laws that can be scattered in several regulations, then streamlined in one Act to better target the solution to a conflict between government administrators and regulations legislation with specific objectives to improve the investment climate and as a guarantee of legal certainty and legal protection for policy makers. Even though the aim is good, it must still be considered in terms of advantages, that is, there are efficiencies and shortcomings that allow for legal deviations in our legal codification system in Indonesia