CD Tesis

Perlindungan Hukum Masyarakat Terhadap Ketentuan Fiktif Positif Pasca Berlakunya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Dan Surat Edaran Mahkamah Agung Republik Indonesia Nomor 5 Tahun 2021

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The positive fictitious provisions after the issuance of the Job Creation Law Number 11 of 2020 and the Supreme Court Circular Number 5 of 2021 which has increasingly created confusion in carrying out the settlement of cases caused by conflicting arrangements in adjudicating positive fictitious applications. As for the formulation of the first problem, what is the legal protection of the community against positive fictitious provisions after the enactment of Law Number 11 of 2020 concerning Job Creation and Circular Letter of the Supreme Court of the Republic of Indonesia Number 5 of 2021, second What is the ideal concept of positive fictitious provisions that can be submitted by justice seekers on decisions/actions of Government Agencies/Officials deemed granted. This normative law research method by harmonizing and synchronizing, there are various things that need to be considered, including paying attention to the hierarchy of laws and regulations, the principles of forming statutory regulations, content material, and other legal principles so that the legal products to be formed do not conflict with each other or there is no overlapping regulation with other laws and regulations. The results of research on public legal protection against positive fictitious provisions after the entry into force of the Job Creation Law Number 11 of 2020 and the Supreme Court Circular Letter Number 5 of 2021 have led to legal uncertainty where the State Administrative Court has lost its basis in adjudicating Positive Fictitious Applications in the Law Government Administration, but the Job Creation Law orders further regulation in the form of a Presidential Regulation (Perpres). The Presidential Decree is a further form regarding the technically positive fictitious application. The ideal concept of positive fictitious provisions is a clear concept set forth in the Presidential Decree regarding technical implementation so that regulations or decisions issued by the government can fulfill the principles of legal certainty, consistency and clarity, and pay attention to the balance between public and private interests. This provision can also strengthen supervision and law enforcement against government regulations or decisions that are not in accordance with applicable legal provisions. All rules must be mutually compatible so that the enforcement of the law does not experience confusion for the benefit of the whole community.
Keywords: Legal Protection; Positive Fiction; Government administration;

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2010241685

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2010241685

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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