Lawmaking Regarding Regulation of Eco-Tourism in Regard To Indigenous People

The development of eco-tourism basically contributes to the growth of the economy of indigenous people. Tourism sector is directly perceived beneficial by the people. Rising numbers of local, regional, and national tourists, even tourists from abroad have given a light to improve the state economy. This research employs normative method aimed to study laws, books, and other references related with tourism and the economy of indigenous people. The research result reveals that the growing tourism industries are not always relevant to the improvement of economic condition of indigenous people since most workers and investors in tourism are outsiders who are more experienced in this field and have enough money to invest in tourism sector. It seems that indigenous people are not capable of competing with the outsiders because of their low education level, lack of experience and capital. This situation only allows them watch the tourism development taking place, and it even urges them further to leave their village and leaves them marginalised. Central and local governments need to take action by providing training program to help the people cope with their knowledge especially about tourism development. The governments are also responsible for the betterment of the welfare of the indigenous people through eco-tourism development. Keywords: development, indigenous people, eco-touris

Discrimination And Human Rights For Workers In The Indonesian Constitution

Indonesia as a third world country which proclaimed its independence in 1945 until today has undergone four (4) replacements or changes in its constitution. Constitutions once being used in Indonesia are Constitution of 1945, Constitution of Federal Republic of Indonesia 1949, Provisional Constitution of 1950, and Constitution of Republic of Indonesia of 1945 after amendments. The substance of human rights and equality in the field of employment become one part of the constitutions. Discrimination or equality is not explicitly stated in the Constitution of 1945, Constitution of Federal Republic of Indonesia Year 1949, and Provisional Constitution of 1950. However, the meaning of discrimination and equality is implicitly contained in those three constitutions. The word discrimination is expressed explicitly in the Constitution of Republic of Indonesia of 1945 after amendments. Human rights and anti-discrimination with broader scopes and more details are listed in the constitution. Key words: discrimination, human rights, workers, Indonesian constitutio

Juridicial Implication of Legal Politics of Minimum Wage in Indonesia

A matter of basic law which relates to the wage policy that has less attention to the humanity and justice principle is the emerge of juridicial implication towards the another related rule. Therefore, the description and analysis that sould be done are revealing critically the existing legal norms related to the policy of minimum wage determination. Based on the analytical result, it can be concluded that the validity of a legal norm can be determined by another legal norm, and that legal norm becomes the basis of validity of the first legal norm. It means that in the concept of law, there is actually a hierarchy of law. The law which has low degree is actually the rule of the legal norm which is above on it. The effect of legal politics of payroll which exists in Law No. 13 of 2003 on labor especially on minimum wage which is unclear/blurred is the effect of legal politics that less pay attention to the justice and humanity, that is why the juridicial implication towards the rule that is below it is more hazy and it eschews more from the hope of expected law, that is justice and humanity, and the last consequence is juridicially the emerge of suit in the court claimed by the Indonesian laborers. Keywords: Juridicial Implication, Legal Politics, Minimum Wag

Legal Politics of Minimum Wage in Indonesia

The Standard of Minimum Waging Policy according to constitution is less concerned to equitability and humanity. It is caused by the policy of constitution has not been oriented to the employees’ needs. The standard of minimum waging is described as the fulfillment of employees’ physical needs, although there has been a conceptual paradigm changing from Minimum Physical Requirements to Minimum Living Needs and Prosper Living Needs as the final stages. The minimum waging policy concerns much to the economic stability rather than to equitability and humanity. Economic stability will be stable if the employersexist and they will exist if the wages are low even it is formally legalized, although equitability and humanity are put aside. The purpose of the policy is not to prosper the employees, yet to prosper the employers. By stabilizing the existence of the employers, national economic and politic stability will be safe. The policy’s characteristics are placed in an unclear position which affect it to be far from the ideals of good constitution. The policy’s forms are to oppose between one policy to others which cause to the unclear meaning of minimum waging. Keywords: Policy, Minimum Wag

Law Review on Age Discrimination for Job Seekers in Indonesia

Labor Law of 2003 prohibits discrimination for job seekers. However, the explanation of the legislation states that the discriminations are only limited to religion, gender, ethnicity, race, and political beliefs. In reality, almost all job vacancies in Indonesia specify maximum age limit for the applicants. This article discusses: (1) the meaning of discrimination in accordance with the value and legislation in Indonesia, (2) the existence of age discrimination in the legislation in Indonesia. The meaning of discrimination is reviewed in-depth from experts’ opinions, dictionaries, and law. Age discrimination is not explicitly regulated in legislation. Prohibition of age discrimination implicitly can be found in the state constitution and labor laws. Keywords: age discrimination, job seeker

Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program

The Determination of the Time Period and the Burden of Responsibility of Construction Services Organizer upon the Building Failure on the Public Facilities Building

Public facility building is a part of national development program with the financing of state finance should be enjoyed until the end of age of construction plan. To eliminate the potential of state loss and guarantee public safety on building failure, so time period of responsibility on building failure of public facility building should be until the end of age of construction plan, with responsibility burden both administration and civil and also criminal laws. Constitution number 2 of the year 2017 about Construction Service only regulates the time of responsibility upon building failure at most 10 years with responsibility burden only on administration and civil, without criminal. This determination could potentially causes a state loss and threatening public safety. This determination has the potential to cause norm conflict, legal uncertainty and legal vacuum in legal arrangement of time period and responsibility burden on building failure  in order to ensure the realization of the right to public facilities building budget, appropriate quality, timely and proper utilization for the national development of Indonesia. Keywords: Public Facility Building, Building Failure, State Loss, Public Safet

The Principles of Responsive Participatory in Protection and Management Environmental As an Alternative Solution on Environmental Issues of National at the National Spatial

Environmental issues the day shows an increase. This indicates that environmental policies have not been successful. Exploitation of natural resources and the environment has led to the deterioration of environmental quality in natural resources, especially in matters of public participation in environmental conservation. In line with regional autonomy, in this case the delegation of authority to local governments in the field of natural resource management and environmental conservation have the intent to increase public participation (responsive participatory) in environmental protection and management. Public participation is to ensure dynamism in the protection and management of the environment so that life is able to answer the challenge. The mechanism of public participation (participatory principles) need to be implemented in everyday life through democratic mechanisms. So it can be said that one of the strategies that effective environmental management is to fully involve community participation in environmental protection and management. The trend has been shown by the decision makers of spatial planning is lacking to raise the spirit of community participation. The method used is a normative legal research with the approach of legislation. The results showed that the responsive participatory principle is absolutely necessary in order to eliminate, at least reduce the potential for conflict of interest in the utilization of space and protection and management of the environment. Keywords: Participatory Principle - Responsive - Environment – Spatia

Initiation Consumers Court Through Consumer Dispute Resolution Agency Reconstruction

Based on article 49 paragraph 1 of law number 8 year 1999, the government forms the regional Consumer Dispute Resolution Agency in the level II (districts) to resolve disputes of consumers outside the court. However, related to the legitimacy, the authority and legal, the Consumer Dispute Resolution Agency event turns out to incur the juridical problem. There is an eliciting discourse about formatting the special court for consumers, through the Consumer Dispute Resolution Agency in the common judiciary field. Based on the juridical issue and the notion of the formation of the special court for consumers through the Consumer Dispute Resolution Agency become a special court for consumers, hence this research will analyze the urgency the formation of the special court for consumers and whether there is essential juridical chance for formatting the special court consumers in Indonesia. Methods used in this research is research normative focused to secondary data or material law. As for the approach that was used in this research is the approach the act and approach conceptual. Based on some research, the urgency the formation of court Indonesian consumer is supported by: 1) complexity dispute in the field of goods and services, 2) weakness juridical Consumer Dispute Resolution Agency in dispute resolution consumers,3) the absence of a term resolve disputes in state court, and 4) the lack of knowledge district court judge against the substance dispute consumers and 5) the completion of a lawsuit simple in shortcuts number 2 year 2015 cannot be performed. While the juridical chances or opportunities to reconstruct Consumer Dispute Resolution Agency to be a special court for consumers are: 1) the formation of dispute resolution the event quickly in decree no. 2 years 2015 about the RPJMN 2015-2019, 2) the regulating of special court in act no. 48 year 2009 on Judicial Power, 3) Judicial Mediationin PERMA No. 1 year 2008 on Mediation Procedure in court. Theoretically, it is possible to reconstruct a body of law if it raises the issue of the law or considered ineffective or outdated. Therefore, the Consumer Dispute Resolution Agency to be special court for consumers, not merely setting Consumer Dispute Resolution Agency weakness in Law No. 8 year 1999, butrely more than that to anticipate the needs of modern society on the settlement of consumer disputes quickly, simply and inexpensively to come. Keywords: Consumer Dispute Resolution Agency, Consumer Cour

Law Politics of Coal, Mineral and Mining Laws as the Embodiment of Environmental Justice

Law politics is a fundamental policy determining the goal of nation which will be implemented by constructing new act or by replacing the old ones. Law politics of coal, mineral and mining act supporting national interest might raise different legal interpretation on coal and mineral mining regulation. Concept of natural resources occupation by the state turns to be unclear. On the other side, article 3 of verse (3) states that natural resources occupation by the state should aim at people prosperity. Therefore, there should be proper reinterpretation on the concept of state occupation of natural resources which is in line with the development of law politics of coal, mineral and mining act. Furthermore, it should also be in line with on the spirit of Chapter 33 of Indonesian National Regulation of 1945 as philosophical foundation of law politics of coal, mineral and mining for environmental justice. Keywords: Law Politics, coal and mineral mining, environmental justic