Indonesian State Law Review (ISLRev)最新文献

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Readiness Level of Employees in Position Transfers at State Universities: Analysis of State Administrative Law Perspective 州立大学员工岗位转移准备程度:国家行政法视角分析
Indonesian State Law Review (ISLRev) Pub Date : 2022-10-31 DOI: 10.15294/islrev.v5i2.49543
Siti Mursidah, E. Handoyo, Mulyo Widodo
{"title":"Readiness Level of Employees in Position Transfers at State Universities: Analysis of State Administrative Law Perspective","authors":"Siti Mursidah, E. Handoyo, Mulyo Widodo","doi":"10.15294/islrev.v5i2.49543","DOIUrl":"https://doi.org/10.15294/islrev.v5i2.49543","url":null,"abstract":"The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position.  The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder?  This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions.  The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134349097","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}
引用次数: 1
Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia 印尼环境损害案件中公司严格责任的实施:印尼国家行政法概述
Indonesian State Law Review (ISLRev) Pub Date : 2022-10-31 DOI: 10.15294/islrev.v5i2.47460
Muhammad Ainurrasyid Al Fikri
{"title":"Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia","authors":"Muhammad Ainurrasyid Al Fikri","doi":"10.15294/islrev.v5i2.47460","DOIUrl":"https://doi.org/10.15294/islrev.v5i2.47460","url":null,"abstract":"Strict liability in the context of companies in environmental damage refers to the legal principle which states that companies can be held fully responsible for environmental damage resulting from their operational activities, without having to prove the fault or negligence of the company. This means that the company can be held responsible for environmental damage caused, whether intentionally or unintentionally. This study used normative legal research, while the approaches used are combining statutory, a conceptual 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. The principle of strict liability in environmental damage has a number of important implications. First, companies are required to take careful precautions in their operations to prevent environmental damage. They must follow strict environmental standards and implement suitable technologies to reduce their negative impact on the environment. Second, companies must pay compensation for environmental damage resulting from their operations, even if they are not to blame for the damage. The principle of strict liability eliminates the need to prove the company's fault or negligence, therefore that the company must be financially responsible for the environmental losses incurred.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130589792","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}
引用次数: 0
Bitcoin's Position in Indonesian Currency Law 比特币在印尼货币法中的地位
Indonesian State Law Review (ISLRev) Pub Date : 2022-10-31 DOI: 10.15294/islrev.v5i2.47491
Eduardus Robert Arminanto, Kukuh Ari Firmansyah
{"title":"Bitcoin's Position in Indonesian Currency Law","authors":"Eduardus Robert Arminanto, Kukuh Ari Firmansyah","doi":"10.15294/islrev.v5i2.47491","DOIUrl":"https://doi.org/10.15294/islrev.v5i2.47491","url":null,"abstract":"The influence of technology and developing information is indeed extraordinary on human life. Economic development is also inseparable from the growing technology, for example in transaction procedures in a matter. Bitcoin came up with a new innovation in the form of a cryptocurrency that uses a payment network from user to user. Crypto has become a phenomenon nowadays. Based on the results of the Global Web Index Survey, 10% of internet users in Indonesia already own digital currencies, it can be said that Indonesia is ranked 5th  most crypto users  in the world. Crypto or can be called crytocurrency has a fairly high risk. Then kirpto has a change in value that is only enthusiasm at any time. Krip toalso has a lack of regulation and still leaves legality issues. This research was conducted to determine  the existence of bitcoin trading to the national economy. The use of bitcoin over time is increasing in Indonesia. For this reason, before the use of bitcoin is increasing, we must understand the influence and impact of bitcoin trading on the national economy. Only nine countries have legalized bitcoin, it is questionable why many countries have not legalized bitcoin. This study aims to find out how bitcoin trading conditions in Indonesia. The results of this journal will discuss the effect of bitcoin trading on the national economy even though in Indonesia it is prohibited and recognized as legal tender. This can be viewed from several factors such as from the nominal side of bitcoin which is considered excessive, especially in the picture of the economic crisis.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127060682","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}
引用次数: 0
Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law 印尼环境执法的问题与挑战:行政法背景下的AMDAL
Indonesian State Law Review (ISLRev) Pub Date : 2022-10-31 DOI: 10.15294/islrev.v5i2.46511
Ummi A'zizah Zahroh, F. U. Najicha
{"title":"Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law","authors":"Ummi A'zizah Zahroh, F. U. Najicha","doi":"10.15294/islrev.v5i2.46511","DOIUrl":"https://doi.org/10.15294/islrev.v5i2.46511","url":null,"abstract":"Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and plastic waste, which has adverse effects on marine life and human health. Environmental laws in Indonesia include a range of regulatory measures, such as the Environmental Impact Assessment (EIA) and Forest Law Enforcement, Governance and Trade (FLEGT) programs. However, the implementation of these laws is often inadequate, with weak enforcement and a lack of effective penalties for non-compliance. Moreover, corruption and lack of political will have been identified as key factors that hinder the effective implementation of environmental laws in Indonesia.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130848689","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}
引用次数: 1
Violation of Installing Notary Nameplates Based on the Notary’s Code of Conducts 违反《公证员行为规范》规定安装公证员铭牌的行为
Indonesian State Law Review (ISLRev) Pub Date : 2022-10-31 DOI: 10.15294/islrev.v5i2.50228
Fira Adhisa Rivanda
{"title":"Violation of Installing Notary Nameplates Based on the Notary’s Code of Conducts","authors":"Fira Adhisa Rivanda","doi":"10.15294/islrev.v5i2.50228","DOIUrl":"https://doi.org/10.15294/islrev.v5i2.50228","url":null,"abstract":"The Notary Code of Ethics aims to be a guideline for Notaries to maintain dignity in carrying out their position as a Notary. Enforcement of the Notary's Code of Ethics must be enforced so that Notaries do not experience irregularities in carrying out their positions, but in practice there are still many who do not pay attention to the provisions as in the code of ethics, especially regarding the arrangement of installing a Notary's nameplate which is regulated in the Notary's Code of ethics tends to be ignored and causes Notaries to experience violations code of Ethics. The purpose of this research is to analyze the arrangements for installing notary nameplates based on the noris code of ethics and efforts to impose sanctions on notaries who violate the code of ethics on installing notary nameplates. This study uses normative juridical by using written legal materials. The results of this study are that the arrangement for installing a Notary's nameplate is regulated in the Notary's code of ethics and Supervision for notaries is carried out by two different institutions, namely the Notary Supervisory Board externally and the Notary Honorary Council internally.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126915508","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}
引用次数: 0
PERLINDUNGAN HUKUM TERHADAP PEMEGANG SERTIPIKAT TANAH PENGGANTI KARENA HILANG 法律保护失去了土地的替代品
Indonesian State Law Review (ISLRev) Pub Date : 2021-11-04 DOI: 10.15294/islrev.v4i1.46807
Lenny Maulani Maulani
{"title":"PERLINDUNGAN HUKUM TERHADAP PEMEGANG SERTIPIKAT TANAH PENGGANTI KARENA HILANG","authors":"Lenny Maulani Maulani","doi":"10.15294/islrev.v4i1.46807","DOIUrl":"https://doi.org/10.15294/islrev.v4i1.46807","url":null,"abstract":"A certificate of land rights is a proof of right that is very strong. With the issuance of a certificate, a person can easily prove that he is the holder of land rights. But what if the certificate is lost. In such circumstances it is possible to issue a replacement certificate. We will discuss how the procedure for issuing a replacement certificate for lost replacement certificate and legal protection for the holder of a lost replacement certificate. The research method used in this journal is a normative juridical research method or a statutory approach. The results of this research, if the certificate is lost, can apply for a replacement certificate to the local Regency / City Land Office in accordance with the applicable procedure. Legal protection for replacement certificate holders is the same as for first-time registration certificates. Because after the issuance of the replacement certificate, the lost certificate is canceled. So that the lost certificate is no longer valid. \u0000Keywords: Legal Protection, Substitute Certificate, Land Certificate","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114202938","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}
引用次数: 1
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK 根据6月6日《儿童保护法》,儿童烹饪行业对儿童的法律保护
Indonesian State Law Review (ISLRev) Pub Date : 2021-11-04 DOI: 10.15294/islrev.v4i1.49842
J. Irawan
{"title":"PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK","authors":"J. Irawan","doi":"10.15294/islrev.v4i1.49842","DOIUrl":"https://doi.org/10.15294/islrev.v4i1.49842","url":null,"abstract":"This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. \u0000This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). \u0000The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132527707","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}
引用次数: 0
PUTUSAN MAHKAMAH KONSTITUSI YANG TIDAK DILAKSANAKAN DALAM PENGUJIAN UNDANG-UNDANG DITINJAU DARI ASAS ERGA OMNES 宪法法院根据普遍适用原则对法律进行司法审查时未执行的裁决
Indonesian State Law Review (ISLRev) Pub Date : 2021-10-30 DOI: 10.15294/islrev.v3i2.45660
Fadly Ikhsan Pradana
{"title":"PUTUSAN MAHKAMAH KONSTITUSI YANG TIDAK DILAKSANAKAN DALAM PENGUJIAN UNDANG-UNDANG DITINJAU DARI ASAS ERGA OMNES","authors":"Fadly Ikhsan Pradana","doi":"10.15294/islrev.v3i2.45660","DOIUrl":"https://doi.org/10.15294/islrev.v3i2.45660","url":null,"abstract":"The Indonesian Constitutional Court was formed based on the Amendment to the 1945 Constitution of the Republic of Indonesia.. The Constitutional Court in giving decisions must be implemented and obeyed in general (erge omnes). However, there are still state officials who do not implement the Constitutional Court decisions. Based on the 2019 academic report issued by the Faculty of Law, Trisakti University, 22 percent did not carry out the decisions ordered by the Constitutional Court. The research method used by the author is normative juridical using library materials. There is a Constitutional Court Ruling that cannot be implemented, namely the imposition of Article 335 of the Criminal Code with an unpleasant phrase. Based on this, the provision has no binding law. The factor of the inability to implement the Constitutional Court decision is that there is no executing institution and support from political parties. It can be summarized that there is a need for an executor and given a clear time statement.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133963774","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}
引用次数: 0
PENEGAKAN HUKUM ADMINISTRASI NEGARA TERHADAP IZIN PENGELOLAAN HUTAN MENURUT UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN 该州对森林管理许可证的行政执行。一九九九年林业
Indonesian State Law Review (ISLRev) Pub Date : 2021-10-30 DOI: 10.15294/islrev.v3i2.47249
Alitsha Jasmine Adellea
{"title":"PENEGAKAN HUKUM ADMINISTRASI NEGARA TERHADAP IZIN PENGELOLAAN HUTAN MENURUT UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN","authors":"Alitsha Jasmine Adellea","doi":"10.15294/islrev.v3i2.47249","DOIUrl":"https://doi.org/10.15294/islrev.v3i2.47249","url":null,"abstract":"Forests are very important in the life and environmental conservation that management needs to be improved in order to realize the role and function optimally. The method used is normative research method is a procedure of scientific research to find out the truth based on scientific logic of the normative legal. As for the forest management permit consists of; forest utilization license, permit utilization of environmental services, permits for harvesting timber and non- timber, each of the production forests and protected areas and permit utilization of timber and non-timber forest production. \u0000 ","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134453316","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}
引用次数: 0
TANGGUNG GUGAT ASURANSI TERHADAP KERUSAKAN LINGKUNGAN HIDUP DI INDONESIA 印度尼西亚环境破坏保险责任
Indonesian State Law Review (ISLRev) Pub Date : 2021-10-30 DOI: 10.15294/islrev.v4i1.47415
Sapto Hermawan, Deviana Az Zahra Rakasiwi, Miftah Nur Khayanto, Muhammad Rosyid Ridhlo
{"title":"TANGGUNG GUGAT ASURANSI TERHADAP KERUSAKAN LINGKUNGAN HIDUP DI INDONESIA","authors":"Sapto Hermawan, Deviana Az Zahra Rakasiwi, Miftah Nur Khayanto, Muhammad Rosyid Ridhlo","doi":"10.15294/islrev.v4i1.47415","DOIUrl":"https://doi.org/10.15294/islrev.v4i1.47415","url":null,"abstract":"Insurance liability for environmental damage has been accommodated in Law Number 32 of 2009 concerning Environmental Protection and Management. However, in its implementation there are still many shortcomings and obstacles, both internal and external factors. This journal discusses the implementation of insurance liability for environmental damage in Indonesia according to Law No. 32 of 2009 and the development of the implementation of insurance liability in Indonesia for environmental damage compared to Singapore and Poland. To obtain complete and accurate data in this study, the author uses normative or doctrinal legal research. Environmental Insurance is very important. However, in its development, environmental insurance is still considered new for Indonesian citizens. In its own implementation environmental insurance is still not going well due to various obstacles, one of which is the lack of regulations regarding environmental insurance. The same thing happened in Singapore, where there was still a lack of regulation or implementation, in contrast to Poland, which already had awareness about the importance of good environmental insurance.","PeriodicalId":156893,"journal":{"name":"Indonesian State Law Review (ISLRev)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125026521","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}
引用次数: 0
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