PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献_第10页

Vaccines for Tourism Business Actors: Fulfilment or Violation of Human Rights? 旅游业经营者的疫苗:人权的实现还是侵犯?

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v8n3.a5

I. Wiryawan

{"title":"Vaccines for Tourism Business Actors: Fulfilment or Violation of Human Rights?","authors":"I. Wiryawan","doi":"10.22304/pjih.v8n3.a5","DOIUrl":"https://doi.org/10.22304/pjih.v8n3.a5","url":null,"abstract":"Tourism sector is the largest source of income for Bali province of Indonesia. Unfortunately, the Covid-19 pandemic forced the closure of tourism. Therefore, Bali’s economic growth is experiencing decrease to -10.98%. To accelerate the reopening of tourism, the government has launched the national vaccine movement that also covers tourism business actors. Unfortunately, some parties resist the vaccination because the vaccine is not believed yet to be safe. By using doctrinal legal research, this study examined two problems: the right to health in the context of tourism and the construction of government policies against vaccine resistance by tourism business actors. It examined legal principles and synchronization of laws on human rights related to vaccination. The state is responsible to provide vaccination for the citizens in fulfilling the right to life and health. Each local government produces policy to deal with vaccine refusal. Jakarta and West Java are two provinces that impose fines for residents who refuse vaccines. On the other hand, Bali province does not impose sanctions on such residents. To ensure safety after the reopening of tourism, any local government can propose the record of vaccination as a requirement for every person who will return to work in the tourism sector.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":" 28","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114060750","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

Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster 根据《2020年第12号总统令》将新冠肺炎疫情规定为国家灾难，签订货物和服务公共采购合同

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/PJIH.V7N2.A5

Ninis Nugraheni, Hening Arifanda, Alifihan Astaftiyan

{"title":"Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster","authors":"Ninis Nugraheni, Hening Arifanda, Alifihan Astaftiyan","doi":"10.22304/PJIH.V7N2.A5","DOIUrl":"https://doi.org/10.22304/PJIH.V7N2.A5","url":null,"abstract":"The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from any liabilities. Consequently, it may injure contractors of procurement. This study aims to investigate the actuality of such procurement contracts following the Presidential Regulation. This study is a normative law research. Based on the Presidential Regulation, the force majeure condition is likely to be applied on procurement contracts. However, the condition does not immediately nullify or terminate the contracts. They remain legally valid and binding. In case of a condition permanently prevents debtor to fulfill obligations, contract can be terminated. In case of a condition temporarily prevents the contract’s implementation, the best solution to encourage conducive business climate is renegotiation that is legalized by contract addendum.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131211811","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

IDENTIFYING THE USE OF SMART ENFORCEMENT IN CITARUM RIVER ENVIRONMENTAL LAW ENFORCEMENT 确定智能执法在citarum河环境执法中的应用

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/pjih.v10n1.a3

Nadia Astriani, Andri Gunawan Wibisana, A. Nastiti, An Nissa Ayu Mutia, Hajriyanti Nuraini

{"title":"IDENTIFYING THE USE OF SMART ENFORCEMENT IN CITARUM RIVER ENVIRONMENTAL LAW ENFORCEMENT","authors":"Nadia Astriani, Andri Gunawan Wibisana, A. Nastiti, An Nissa Ayu Mutia, Hajriyanti Nuraini","doi":"10.22304/pjih.v10n1.a3","DOIUrl":"https://doi.org/10.22304/pjih.v10n1.a3","url":null,"abstract":"The Citarum River is one of the most strategic rivers in West Java Province, Indonesia. It has been a major water supplier for various agricultural and industrial needs. Unfortunately, human activity increases around the watershed. Thus, the water quality of the river decreases due to pollution. The central and regional governments launched the Citarum Harum program to reduce pollution in the Citarum River. One of the main issues of the program is related to environmental law enforcement. A lengthy process, high case costs, and light sanctions make law enforcement through the courts ineffective. This study discusses whether the environmental law enforcement in the Citarum River is smart enforcement. The study used normative empirical legal analysis with a juridical approach. This study concludes that the government should plan the law enforcement by means of Smart Enforcement strategy to make the enforcement more effective and efficient. It will provide clearer directions to law enforcement officers in the law enforcement. In addition, the efforts to carry out effective and efficient environmental law enforcement need more human and financial resources.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125032308","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

From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia 从犯罪控制模式到正当程序模式:印尼肃贪委员会窃听安排的批判性研究

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 1900-01-01 DOI: 10.22304/PJIH.V7N3.A7

Hwian Christianto

{"title":"From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia","authors":"Hwian Christianto","doi":"10.22304/PJIH.V7N3.A7","DOIUrl":"https://doi.org/10.22304/PJIH.V7N3.A7","url":null,"abstract":"This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of privacy. Firstly, legislators accentuated an effective corruption eradication, which highlights the implementation of the crime control model. Secondly, the latest amendment to the Law on Corruption Eradication Commission of Indonesia alters wiretapping to become a procedural activity for stronger synergy among the law enforcement institutions. The regulation of wiretapping as a method to reveal corruption case in Indonesia does not adhere to the due process model entirely. The wiretapping still tends to deal with stages of preliminary-investigation, investigation, prosecution, and the execution of internal approval process.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129251013","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