Wahyudi, David Johan (2023) Analisis Perbedaan Perumusan Norma dan Sanksi Pidana Atas Perbuatan yang Mengakibatkan Kematian Seseorang dalam Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja (Studi Kasus Uu Cipta Kerja Pasal 210 Tentang Perkeretaapian dan Pasal 294 Tentang Pelayaran). Masters thesis, Program Pascasarjana Universitas Merdeka Malang.

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Abstract

The Job Creation Act is an effort to realize the Vision of the Indonesian state in 2045 which has the goal of making Indonesia in the position of the top five world economic powers with high income and quality Human Resources. The Job Creation Law has a good purpose, but it cannot be denied that in the future some problems in the Job Creation Act are due to confusion over the provisions of criminal sanctions in several clusters which can injure legal certainty.
This research is included in library research, namely research whose main sources are books, scientific journals, and other documentary materials. In this case the author prepares sources or theories taken from books, supporting and relevant literature to answer the problems in the formulation of the problem. While the data analysis using descriptive analysis method.
This study resulted in two findings. First, the difference in the determination of the threat of criminal sanctions and fines is included in the unfair and unbalanced category as a normative law policy, because the principle of equality is not applied in one body of the 2020 Job Creation Law. with the Omnibus Law concept carried out by the government not paying attention to other laws, the legal rules are not harmonious so that there are laws with the same consequences but are threatened with criminal sanctions and fines with different provisions. It is clearly seen in Article 210 of the Railway Law and Article 294 of the Shipping Law that there is actually no difference in urgent factors so that the criminal threats must be different because the consequences of unlawful acts committed both kill a person's life. The concept of the Omnibus Law is used to rearrange and/or replace the provisions in the Law which is realized by the Job Creation Law Number 11 of 2020.

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