Vol. 2 No. 2 (2022): Focus Journal Law Review (Author : Australia, Timor Leste, Indonesia).

Artikel

• The United Nations in the Field of Education (Constitution United Nations Educational, Scientific and Cultural Organization)

  Thomas John Kenevan

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  DOI : https://doi.org/10.62795/fjl.v2i2.29
  

  Every international community and government in countries in the world and all components are obliged to educate the life of their nation which is one of the goals of a country. Education in principle demands the application of the principles of democracy, decentralization, justice, and upholding human rights in the life of the nation and state. In relation to education, these principles will have a fundamental impact on the content, processes and management of the education system. In addition, science and technology are developing rapidly and giving rise to new demands in all aspects of life, including in the education system. This demand concerns the renewal of the education system, including curriculum renewal, namely curriculum diversification to serve diverse students and regional potential, diversification of types of education that are carried out professionally, preparation of graduate competency standards that apply nationally in countries around the world. Education in principle demands the application of the principles of democracy, decentralization, justice, and upholding human rights in the life of the nation and state. In relation to education, the importance of the principle of preparing education funding standards for each education unit is in accordance with the principles of equity and justice implementation of school-based education management and higher education autonomy as well as the implementation of education with an open and multi-meaning system. Renewal of the education system also includes eliminating discrimination between government-managed education and community-managed education, as well as the distinction between religious education and general education. In the context of the United Nations in the field of Education, which manages the Educational, Scientific and Cultural sector, namely the United Nations Educational, Scientific and Cultural Organization, abbreviated as UNESCO.

  Abstract : 205 views | PDF : 29 downloads

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• International Refugee Law Study Perspective State Obligations to Refugees

  Alarico Gomes

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  DOI : https://doi.org/10.62795/fjl.v2i2.30
  

  In principle, international refugee law must be in line with the development of society to understand the many problems that occur in the context of international refugees, that international refugee law is expected to function or be useful in regulating and resolving complex international refugee problems in an international scope in an appropriate and fair manner. Efforts to obtain legal protection, of course, what humans want is order and regularity between the basic values of law, namely legal certainty, legal usefulness and legal justice. Although in practice the three basic values are generally in conflict, efforts must be made for the three basic values to coincide. This also applies to international refugee law in modern times, which basically aims to create legal protection for order and regularity between the basic values of law, namely legal certainty, legal usefulness and justice within the scope of international refugees. Whereas a state's obligations to refugees, based on the provisions of Article 3 of the 1951 Convention on the Status of Refugees, state parties are obliged to apply the provisions of this convention to refugees without discrimination on race, religion or country of origin.

  Abstract : 117 views | PDF : 31 downloads

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• The Legal Study of Materiil Testing Rights Supreme Court in Indonesia

  Ni Luh Gede Astariyani

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  DOI : https://doi.org/10.62795/fjl.v2i2.31
  

  The authority of the Supreme Court to examine statutory regulations under the law or in this case referred to as judicial review is a mandate of the 1945 Constitution. Article 24A paragraph (1) of the 1945 Constitution which is the result of the Third Amendment states, "The Court The Supreme Court has the authority to judge at the level of cassation, examine the legislation under the law against the law, has other powers granted by law. From these provisions it is clear that the 1945 Constitution provides 3 (three) categories of authority to the Supreme Court, namely (1) adjudicating at the level of cassation, (2) examining statutory regulations under the law against the law, and (3) other powers granted by law. Specifically for the third provision, the 1945 Constitution stipulates that the authority of the Supreme Court is open, which means that it is possible to increase the authority of the Supreme Court as long as it puts the regulation of the additional authority into or by law. The examination is carried out on a statutory provision against a higher statutory regulation or against the constitution as the highest law. That is, judicial review works on the basis of legal norms or statutory regulations that are hierarchically structured. Without this hierarchy, it is impossible to conduct a judicial review. At this time in Indonesia the hierarchy of laws and regulations is regulated in Article 7 of Law no. 12 of 2011 concerning the Establishment of Legislation.

  Abstract : 124 views | PDF : 24 downloads

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• Juridical Study of Determination of Wages for Workers based on Job Creation Act

  I Wayan Merta Sukadana, Anak Agung Sagung Ngurah Indradewi

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  DOI : https://doi.org/10.62795/fjl.v2i2.32
  

  The enactment of Law Number 11 of 2020 concerning Job Creation makes the wage system previously regulated in Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower undergo a change where the wage system which initially stated that the governor was obliged to set the minimum wage for the province became the governor to set the minimum wage. district/city with certain conditions where the use of the word “can” in determining the district/city minimum wage (UMK) is very detrimental to workers. The type of research used is normative legal research. The type of approach used is the Legislative Approach. Legal concept approach. Historical approach. The sources of legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. Legal Materials Collection Techniques that the author uses in this study is a literature study data collection technique. Based on the legal materials obtained and then analyzed, then used the technique of processing legal materials in a qualitative descriptive manner. The conclusion of this study is that the regulation of the wage system in Law No. 11 of 2020 concerning job creation is the type of wages reduced where there are several points missing from the Manpower Act, the component of decent living is not included where the Job Creation Act eliminates these points in provisions for determining minimum wages and years of service are not considered in the Job Creation Act. Then the determination of the wages of workers based on article 88 c of Law No. 11 of 2020 concerning job creation only provides for the obligation to determine the minimum wage at the provincial level, while at the district/city level it is optional or optional. In fact, the provincial minimum wage is the lowest minimum wage among all district/city minimum wages in the province.

  Abstract : 143 views | PDF : 23 downloads

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• The Role of The United Nations Committee on the Peaceful Uses of Outer Space

  I Nyoman Prabu Buana Rumiartha

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  DOI : https://doi.org/10.62795/fjl.v2i2.33
  

  Based on the provisions of Article 1 Paragraphs 1 and 4 of the United Nations Charter, it is stated that the purpose of the United Nations is to maintain international peace and security, in this case to take effective collective action for the prevention and elimination of threats to peace, to suppress acts of aggression. or other violations, to bring it about by peaceful means and in accordance with the principles of justice and international law, adjustments or adjustments to the international situation that may lead to peace and the United Nations, as well as centers to harmonize the actions of nations in peace with common goals. So to realize these things, the United Nations establishes international bodies that regulate the regulations that apply when problems occur between countries in the world, furthermore for the regulation of the peaceful use of outer space in this case the United Nations, formed The United Nations Committee on the Peaceful Uses of Outer Space (UN-COPUOS) and the Division of Outer Space Affairs, as an important committee in overseeing the peaceful use of outer space. The United Nations General Assembly in Resolution 1348 (XIII) established an ad hoc Committee on the Peaceful Use of Outer Space. As well as the 1967 Treaty on the principles governing the activities of countries in the exploration and use of outer space, including the moon and other celestial bodies.

  Abstract : 239 views | PDF : 44 downloads

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