Administrative and Environmental Law Review最新文献

{"title":"Legal Risks in Future Housing Purchase and Sale Contracts: A Case Research in Vietnam","authors":"Thao Le thi, Thanh Le Minh","doi":"10.25041/aelr.v5i1.3419","DOIUrl":"https://doi.org/10.25041/aelr.v5i1.3419","url":null,"abstract":"A future housing purchase contract stipulates a predetermined sale price between a home buyer and seller, with the transaction set for a future date. This type of contract offers sellers the advantage of price security and continued property use until the sale, mitigating risks associated with market fluctuations and buyer scarcity. Nevertheless, these contracts also present several challenges, particularly the need for clear, transparent terms and careful legal risk management to safeguard the interests of all parties involved. This article uses the method pf analyzing the written law, the method of analyzing the situation trough the researching on secondary sources to analyze anticipated legal challenges in future housing purchase contracts and reviews relevant Vietnamese legal frameworks. It proposes essential contract terms and preventive measures aimed at minimizing risks and protecting the rights of the parties, focusing particularly on the buyer. These insights are intended to guide stakeholders in crafting more secure and equitable future housing purchase agreements.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141375779","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":"Agricultural Land Pawning as a Social Institution in Wono Agung Village Tulang Bawang District","authors":"Raswanto Raswanto, F. Sumarja, Ati Yuniati","doi":"10.25041/aelr.v5i1.3437","DOIUrl":"https://doi.org/10.25041/aelr.v5i1.3437","url":null,"abstract":"Agricultural land pawning, as outlined in Law No. 56/1960 on the Determination of Agricultural Land Area, is characterized as a collateral transaction where agricultural land is mortgaged or pledged. Social institutions can play a key role in this process, acting as facilitators for loan provisions against land collateral and helping to evaluate and understand the motivations behind agricultural land pawning. This research adopts an empirical normative approach to assess the practice. The findings reveal that agricultural land pawning in Wono Agung Village is conducted in two principal manners: verbally and in writing, aligning with the stipulations of Article 7 of Law Number 5 of 1960. The residents of Wono Agung Village typically engage in pawning their agricultural land for several reasons, including the need for capital, education expenses, expansion of agricultural land, general economic difficulties, and other urgent necessities. Challenges in the implementation of agricultural land pawning arise from issues involving both the pawn recipients and the landowners. Despite these obstacles, agricultural land pawning functions effectively as a social institution, offering a viable solution to the economic struggles faced by the villagers. These social institutions play a pivotal role in enhancing the welfare and economic conditions of the agricultural community in Wono Agung Village.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141373303","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":"Legal Certainty of the Right to Severance Pay for Workers Who Retire in Companies That Undergo Acquisitions","authors":"Fajar Ramadhan, Agus Mulya Karsona, Holyness N Singadimeja","doi":"10.25041/aelr.v4i2.3134","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.3134","url":null,"abstract":"The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135365516","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 Authority of Lampung Provincial Government in Managing Fisheries Resources in Era of Regional Autonomy","authors":"Dheni Irawan","doi":"10.25041/aelr.v4i2.2977","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.2977","url":null,"abstract":"The global COVID-19 outbreak has had a major impact on the marine and fisheries industry in Indonesia. This is also felt by fishermen in Lampung Province with the decline in demand for fishery products in the domestic and international markets in Lampung Province. The overall decline in the fisheries production cycle is influenced by the decline in demand from consumers. The local government has an important role to help restore the condition. The problem in this research is how the authority of the local government of Lampung Province in the management of fisheries resources in the era of regional autonomy and how the efforts of the marine and fisheries office of Lampung Province in an effort to achieve fisheries production in the era of regional autonomy. The research method used is normative research with statute approach. The results of this study are in accordance with the Governor's Regulation on the determination of the main tasks and functions of the Lampung Province Maritime and Fisheries Service as an implementing element of local government in the field of marine and fisheries led by a Head of Service who is responsible to the Governor. he goal is to implement the commitment of the Governor and Deputy Governor elected in 2019-2024 on marine and the Berjaya Fishermen Program to prioritize the welfare of the fishing industry, especially fishermen and their families. The Lampung Provincial Maritime and Fisheries Service provides solutions in the form of feed assistance in collaboration with Lampung University, fish nurseries and distribution in four districts and cities as well as Mobilizing registration and licensing to increase the capacity of fishermen and facilitate licensing and shipping documentation.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136155660","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 Environmental Legal Instruments and Government Policies in Realizing Sustainable Development in Indonesia","authors":"Muhammad Rahjay Pelengkahu, Najib Satria","doi":"10.25041/aelr.v4i2.2971","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.2971","url":null,"abstract":"The increasing human needs have encouraged massive development in various countries, both developing and developed countries. in its progress, a development that is often carried out intersects with the environment. Also, various cases of pollution and environmental destruction due to development have been rampant. Therefore, a new paradigm in development is needed, which is contained in the concept of sustainable development. However, this requires the role of environmental law and government policies so that the goals of sustainable development can be realized. Sustainable development has the aim of balancing economic interests and environmental conservation so that the current development does not have a negative impact on future generations of humans. In general, the government has three types of policies in the environmental sector, namely, policies that are preemptive, preventive, and proactive. The writing of this law refers to a qualitative approach with a qualitative descriptive type of research. Through this research method, it is hoped that this legal writing will explain the role of law and government policy in realizing sustainable development in Indonesia. research results show The goal of sustainable development is to realize the development and utilization of natural resources to improve the quality of human life, without compromising the welfare of future human generations.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43181685","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":"What are the Forms and Obstacles of Community Participation in Environmental Damage Prevention?","authors":"Siti Mariyam, Adhi Putra Satria, M. Samsudin","doi":"10.25041/aelr.v4i2.2992","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.2992","url":null,"abstract":"This research examines the national and international legal frameworks governing community involvement in environmental damage prevention and the challenges and various forms of community participation in environmental damage prevention efforts globally. This study uses a qualitative method to conduct normative legal research, which involves a literature review of various international legal instruments and field cases related to community participation in the prevention of environmental damage and uses Seherly Arnenstein's theory of community participation to examine community participation in environmental conservation. The results show that community participation in preventing environmental damage has a legal position at the national and international levels. At the international level, several agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Basel Convention, have established a legal framework for preventing environmental damage, including community participation. Meanwhile, at the national level, Law No. 32/2009 on Environmental Protection and Management (UU PPLH) has regulated the rights and obligations of the community in protecting the environment. Furthermore, this study found that community participation in preventing environmental damage can be done through various means, such as decision-making processes, access to environmental information, and participation in implementing environmental policies. However, there are still challenges and obstacles in its implementation, such as limited access to information, lack of public awareness, and lack of government and private sector support. Based on this, more significant efforts are needed to strengthen community participation in preventing environmental damage, including increasing access to environmental education and information and establishing more active and effective forums for community participation. The active involvement of the government, civil society organizations, and private institutions is needed to ensure that community participation in preventing environmental damage can be achieved.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46559132","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":"Are The Laws for Us or Against Us? Reinventing Environmental Sanitation Laws in Nigeria","authors":"F. Ajagunna, O. Gbadegesin","doi":"10.25041/aelr.v4i2.2972","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.2972","url":null,"abstract":"Environmental sanitation has been defined as managing any aspects of a man's physical environment that might harm his physical, cognitive, or social health. Indoctrinating good environmental sanitation practices into its citizenry has been and remains a foremost concern for the Nigerian government, with several laws enacted at levels of government to achieve this target. Although there are many of these laws, compliance with environmental sanitation laws remains at its lowest ebb in Nigeria. Nigeria's current environmental sanitation situation reflects that these laws are obeyed more in abeyance, with many viewing compliances as a fool's errand rather than a necessary evil. The method used in this research is descriptive and doctrinal. This paper discusses the issue of environmental sanitation in Nigeria and examines the existing legal system for achieving a cleaner Nigeria. This paper posits that having a clean Nigeria is achievable and asserts that a bottom-up approach to environmental sanitation lawmaking in Nigeria is needed to achieve this goal. A participatory community module for sanitation lawmaking is recommended to ensure that the people understand the importance of these laws by taking ownership of the process rather than depending on the government for its actualization.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49374765","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":"Criminal Sanctions for Unauthorized Transportation of Protected Animals: Perspective of the Purpose of Punishment","authors":"Achmad Nazir Thaharah","doi":"10.25041/aelr.v4i2.2980","DOIUrl":"https://doi.org/10.25041/aelr.v4i2.2980","url":null,"abstract":"The trade of protected wildlife has a detrimental impact on the sustainability of endangered wildlife populations in Indonesia. Criminal punishment against the perpetrators of the crime of transportation of animals for the purpose of trade must be able to provide a deterrent effect and benefits for the protection of animals. The imposition of punishment in the criminal act of transportation of protected wildlife needs to be examined further from the aspect of the purpose of punishment, which is to prevent criminal acts by enforcing legal norms for the protection of society. This article will discuss the basic considerations of judges in punishing perpetrators of criminal acts without the right to transport protected animals alive. And the imposition of punishment by the judge against the perpetrator of the crime is in accordance with the purpose of punishment or not. The research method uses normative research methods, with literature studies in the form of laws and regulations related to the issues discussed. Based on the results of the research, as in Decision Number: 77/Pid.B/LH/2020/PN.Tjk, the punishment of the perpetrators of the criminal act of transporting protected wildlife in a live state is based on juridical, sociological, and philosophical considerations. The author recommends that perpetrators of protected wildlife trade be sentenced to heavy fines because their actions are economically motivated. In addition, it is necessary to regulate social work sanctions for convicted poachers and protected wildlife traffickers to restore the consequences of the criminal acts that have been committed.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47553827","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":"Land Management Rights Before and After the Government Regulation in Lieu of Job Creation Law","authors":"Penta Peturun","doi":"10.25041/aelr.v4i1.2947","DOIUrl":"https://doi.org/10.25041/aelr.v4i1.2947","url":null,"abstract":"There are regulations regarding land management rights (HPL) in Law Number 11 of 2020 concerning Job Creation in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The background is the birth of the Investment policy made by President Joko Widodo's Government. HPL is regulated separately as a “right”, whereas in the Basic Regulations on Agrarian Principles (UUPA) which is the source of law, there is no mention of “rights”. Related to the authority of the State's Right to Control (HMN). The Government Regulation transfers HPL as a whole to certain parties. There should be a role for regulators and operators participating in planning, implementation and supervision. Therefore, there must be clarity on the position of the authority “controlled by the state” for HMN constitutionally against HPL in Government Regulations that refer to the constitution. In a normative legal approach, Article 33 of the 1945 Constitution mandates the state to conduct beleid, bestuursdaad, regelendaad, beheersdaad, tezichthoudensdaad. Philosophically, the government functions as a regulator and operator. As an operator, the Government carries out its duties as a coach and supervisor by directly implementing activities. This is confirmed in the Decision of the Constitutional Court of the Republic of Indonesia Number 001-21-22-PUUI 2003 on HMN. Suppose HPL in the Government Regulation is released. In that case, it is not much different from embracing the concept of nachtwachternstaat or night watchman state, not the principle of welvaarstaat which fully utilizes the control of wealth sources for the greatest prosperity of the people. As it should be, HPL in HMN can provide direction for law enforcers and stakeholders with a role and authority in the land acquisition process.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44012594","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 Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers","authors":"Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi","doi":"10.25041/aelr.v4i1.2858","DOIUrl":"https://doi.org/10.25041/aelr.v4i1.2858","url":null,"abstract":"Negligence in current medical disputes has not yet obtained legal settlement efforts for both parties, either between the patient, the medical staff, or the hospital. Efforts to resolve medical disputes can be done through two methods: litigation and non-litigation mediation. Determining a dispute resolution model with alternative efforts will minimize doctors' worries as well as stimulate medical personnel to improve the health system and existing errors will become an evaluation of health services later, especially also preventing doctors, patients and other parties from being confronted until a court decision actually damages a person's reputation. doctor. Apart from that, it is also an effort to relieve patient conflict, making it possible for patients undergoing treatment to receive reasonable compensation. Medical disputes should emphasize settlement through the ADR route because it not only provides benefits for both parties but also obtains legal guarantees from each party in court in Indonesia. Because when compared to dispute resolution outside the court, litigation mediation offers more integrative offers because it does not require high costs, takes a long time, and does not incline any party by upholding a win-win solution. This study uses a normative legal research method with a statutory and literature study approach and uses descriptive analysis by applying a deductive method. The results of the study show the effectiveness of the implementation of litigation mediation and penal mediation reform in the criminal law system in Indonesia.","PeriodicalId":52589,"journal":{"name":"Administrative and Environmental Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45741638","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}