{"title":"Implementation of Value Added Tax Policy in Service Delivery Conflicts in the Free Trade Zone Area","authors":"Khansa Salsabila","doi":"10.15294/islrev.v5i1.52973","DOIUrl":"https://doi.org/10.15294/islrev.v5i1.52973","url":null,"abstract":"Free Trade Zone area has its own rules in tax collection, including the delivery of taxable service. However, in the implementation of the policy in tax collection, there are still errors that cause conflicts between taxpayers and tax authorities. For example, such as the article in the Regulation of the Minister of Finance Number PMK-62/PMK.03.2012 which gives rise to multiple interpretations for taxpayers. The author will describe the implementation of correct policies in taxable service conflicts in the free trade zone using empirical juridical and normative juridical research methods. In the law there is the principle of lex posterior derogat legi priori which means that the new law (norm/legal rule) nullifies the validity of the old law (norm/rule of law). In addition, the use of the principle of legal fiction which assumes that when a statutory regulation has been promulgated, at that time everyone is considered to know (presumption iures de iure) and the provisions are binding. Thus, the taxpayer should be aware of the latest regulations regarding tax collections that he must pay. In this case, taxpayers can use the latest regulation, Regulation of the Minister of Finance PMK Number 171/PMK.03/2017.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115214319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Implementation of Hospital Absolute Responsibility in Health Services in Indonesia","authors":"Muhammad Ainurrasyid Al Fikri","doi":"10.15294/islrev.v5i1.47458","DOIUrl":"https://doi.org/10.15294/islrev.v5i1.47458","url":null,"abstract":"Doctors and patients are a legal relationship in a business agreement (inspanning verbintenis) and not an outcome agreement (resultaat verbintenis). Even so, the doctor is still responsible for any negligence that brings harm to the patient. Until now, there is still confusion in Indonesia, whether medical liability is based on default or tort, although as an inspanning verb, a more appropriate basis for lawsuits to use is tort. This research was conducted by making a comparison of law with statutory approaches, conceptual approaches and case approaches. An analysis of absolute liability cases in Indonesia is needed to provide justice for the community, especially in health law.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"49 18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115634734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Environmental Protection in the Job Creation Law","authors":"Reyhandhi Alfian Muslim, F. U. Najicha","doi":"10.15294/islrev.v5i1.47529","DOIUrl":"https://doi.org/10.15294/islrev.v5i1.47529","url":null,"abstract":"On October 5, 2020, the Indonesian government passed the Omnimbus Law which contained various kinds of legislation. Including the environment which is also regulated in the Omnimbus Law. On the one hand, this regulation provides hope for Indonesia's economic growth. However, on the other hand, this regulation has the potential to damage the environment and is not in line with the Indonesian Government's commitment to reduce greenhouse gas (GHG) emissions, which in it weakens instruments for environmental protection and management. Weakening of environmental instruments has the potential to increase greenhouse gas emissions through high-carbon activities and investment in fossil energy. Therefore, this paper will critically analyze how the weakening of environmental instruments in the Omnimbus Law and the Revision of the Minerba Law hampers the fulfillment of Indonesia's greenhouse gas emission reduction targets in the era of restoring national economic stability. \u0000Keywords: Environmental Protection Instruments, National Economic Recovery, Omnimbus Law, Greenhouse Gas Emissions.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128677520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Medical Responsibility for Victims of Medical Malpractice Crimes","authors":"Ferdin Okta Wardana","doi":"10.15294/islrev.v5i1.48519","DOIUrl":"https://doi.org/10.15294/islrev.v5i1.48519","url":null,"abstract":"The responsibility of the medical world to victims of criminal acts of medical malpractice is that the responsibility for the practice is an error of omission or negligence when determining the execution that results in injury or death, besides that there are no mistakes made by wrongful considerations for which the responsibility is asked. From that explanation, the formulation of the problem: the factors that cause doctors to malpractice, the regulation of medical malpractice according to Indonesian criminal law, what kind of responsibility is carried out by a medical person for malpractice according to health law, the method used is normative juridical, namely by reviewing books and also health law literature, sources of data obtained are primary and secondary legal materials consisting of the Criminal Code, Health Act and secondary legal materials consisting of books, literature and journals. The data collection technique is carried out by how to review and review legal books related to health law. The results of this study are expected that a doctor is always careful in carrying out a medical practice so that malpractice does not occur in addition to the need for a patient to understand and also consult his illness so that a doctor understand understand the illness he suffers, for the law","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"361 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113998176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Muhammad Ainurrasyid Al Fikri, F. U. Najicha, I. Handayani
{"title":"Application of Strict Liability by Companies in the Context of Environmental Conservation in Indonesia","authors":"Muhammad Ainurrasyid Al Fikri, F. U. Najicha, I. Handayani","doi":"10.15294/islrev.v5i1.46522","DOIUrl":"https://doi.org/10.15294/islrev.v5i1.46522","url":null,"abstract":"Strict liability is absolute responsibility imposed on perpetrators of environmental violations that result in losses to both the environment and the community around the environment. The research used in this paper is juridical normative and uses a statutory approach, a conceptual approach and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia. \u0000 ","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132052677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of the Regional Government of Boalemo Regency in Overcoming Mining Pollution Problems in the District of Pguyaman Pantai","authors":"Pantika Mayulu","doi":"10.15294/islrev.v4i2.56823","DOIUrl":"https://doi.org/10.15294/islrev.v4i2.56823","url":null,"abstract":"This research is a field research that uses data collection techniques by means of interviews, documentation and observation. This study aims to determine the impact on the people of Paguyaman Pantai District, especially the people of Limbatihu village as a result of continuous mining of pica stone and to understand the role of the government in overcoming pollution problems caused by pica mining companies in Paguyaman Pantai District. . This study uses descriptive qualitative. This study has two problem formulations, namely: first, what is the impact of environmental pollution by the pica stone mine in Paguyaman Pantai District? secondly, what is the role of the local government of Boalemo in overcoming the problem of environmental pollution from the pica stone mine in Paguyaman Pantai District? With the existence of the two main issues above, it can become a fundamental problem formulation in this research, so that the role of the Regional Government of Boalemo Regency in Overcoming Mining Pollution Problems in Pguyaman Pantai District is found, environmental pollution of the pica stone mine has troubled the surrounding community. The author really hopes that the regional government of Boalemo Regency will be able to overcome this pollution problem, protect the environment and create the health and welfare of the people in Paguyaman Pantai Subdistrict, especially the people of Limbatihu Village.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122752147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Implementation of New Energy and Renewable Energy Policy in the Context of National Energy Security","authors":"Alitsha Jasmine Adellea","doi":"10.15294/islrev.v4i2.61093","DOIUrl":"https://doi.org/10.15294/islrev.v4i2.61093","url":null,"abstract":"Energy sovereignty in Indonesia is experiencing problems with a decline in national energy security. Indonesia's energy system is currently facing serious challenges. The imbalance in the condition of energy supplies with national energy needs, especially the oil and gas sector and efforts to fulfill national energy needs in a sustainable manner are the main problems of this nation in the energy sector. It is absolutely necessary to have strategic efforts in the field of creating new and renewable energy. Although the government has issued various policies to catch up, but to realize national energy security, it is necessary to urgently regulate the development of renewable energy as a form of supporting national energy security.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129638047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Implementation of Regional Regulation Number 16 of 2014 concerning the Arrangement and Empowerment of Street Vendors (PKL) on the Compliance Level of Business Actors in Grobogan Regency","authors":"Amel Nurul Fadzilah Sidqi","doi":"10.15294/islrev.v4i2.61389","DOIUrl":"https://doi.org/10.15294/islrev.v4i2.61389","url":null,"abstract":"The existence of street vendors has opened up job opportunities so that the unemployment rate can be suppressed and its existence is needed by the lower class, because the prices are relatively cheaper than modern shops or restaurants. Street vendors always take advantage of places that are always seen as profit, for example the city center, crowded places to places that are considered to have the potential to become tourist attractions. On the one hand, the existence of street vendors is one of the safety valves to overcome unemployment as a whole, but on the other hand the phenomenon or growth of street vendors has resulted in the disruption of aspects of public order which are prerequisites for the ideal conditions of a city. To overcome these problems, the Grobogan Regency Government issued Regional Regulation (Perda) No. 16 of 2014 concerning the arrangement and empowerment of Street Vendors.The problem in this research is how the implementation of Regional Regulation Number 16 of 2014 concerning the Arrangement and Empowerment of Street Vendors on the Compliance Level of Business Actors in Grobogan Regency. The research method used is sociological juridical. The focus of the location is in Purwodadi City, Grobogan Regency. Research results Grobogan district government plays a role as enforcer of regional regulation no 16 of 2014 on the level of compliance of street vendors by providing guidance and direct action for the implementation of public order and city tidiness in Grobogan Regency. The research took place in June-July 2022 at the Grobogan district Satpol PP office. The role of the Grobogan district government in enforcing Regional Regulation No. 6 of 2014 has been going well. However, along the way, there are still some obstacles experienced by the government, namely there are still many naughty traders and the lack of supporting infrastructure for members of the Satpol PP.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122710875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Non-compliance with Constitutional Court Decisions as an Act of Contempt of Court","authors":"Freidelino Paixao Ramos Alves De Sousa","doi":"10.15294/islrev.v4i2.54617","DOIUrl":"https://doi.org/10.15294/islrev.v4i2.54617","url":null,"abstract":"As one of the institution that holding the judicial power according to article 24 and 24C in Constitution of Republic of Indonesia, Constitucional Court is enforcing the law and justice through its decisions. By Its decisions, the expectation is all the legal issues in constitucional field could be resolved. Disobeying of Constitucional Courts orders is categorized as contempt of Constitucional Court as judicative branch. Disobeying of constitucional courts order principally is a contempt of court, where it could be punished according to article 216 (1) Indonesian Penal Code.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123374247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Strategy to Strengthen State Administrative Law in Eradicating Corruption Practices by State Administration Officials","authors":"Charren Hendrik","doi":"10.15294/islrev.v4i2.58672","DOIUrl":"https://doi.org/10.15294/islrev.v4i2.58672","url":null,"abstract":"The lenient regulation of State Administrative Law is giving the practice of corruption an opportunity to take place in the enforcement of Indonesian governance. When in reality, the State Administrative Law is supposed to regulate various state administration activities, in which taking care of the practice of corruption being one of them. Therefore, this research offers strategies of the eradication of corrupt practices that have inflicted the state’s financial loss. The eradication can be done by reinforcing the implementation of a proper government. Various attempts are required to be done in order to construct a corruption-free governance’s structure, such as, applying the principle of good governance and closed bureaucratic system in the practice of the state’s enforcement; establishing a leadership spirit in a righteous governance to escalate the integrity and ethics of the state’s enforcement in order to steer clear from deviation and abuse of power; reinforcing the State Administrative Law by establishing strict, definite, and measurable laws; conducting and reinforcing anti-corruption establishment in both the state’s central and the countryside. The method of research applied is normative law research, which is by studying the law’s regulation in the Constitution and describing the role of the State Administrative Law as the authorized regulation that has the power to combat the crime of corruption.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123720883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}