The journal of philosophy, science & law最新文献

{"title":"LAWS AND OBSTACLES IN COUNTERING TERRORISM AND HUMAN RIGHTS VIOLATIONS","authors":"Archi Rafferti Kriswandanu","doi":"10.56444/jpl.v3i4.3357","DOIUrl":"https://doi.org/10.56444/jpl.v3i4.3357","url":null,"abstract":"Terrorism is an extraordinary crime that is of concern to the world today. Not just acts of terror alone, but acts of terrorism also violate human rights as fundamental rights that are naturally inherent in human beings, namely the right to feel comfortable and safe or the right to live. In addition, terrorism also causes casualties and damage to property. Acts of terrorism also damage the country’s stability, especially in the economy, defense, security, etc. Meanwhile, sociologically, acts of terrorism damage spiritual values in the order of social life by giving rise to religious arguments as justification for these acts of terror. The impact of this crime is innocent people who are victims of heinous and inhuman acts of terrorism. This is what underlies the importance of solving the problem of terrorism completely.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91330685","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 EFFECTIVENESS OF ENVIRONMENTAL MONITORING ON MINERAL MINING","authors":"Usman Usman, A. Saleng","doi":"10.35973/jpl.v3i1.2366","DOIUrl":"https://doi.org/10.35973/jpl.v3i1.2366","url":null,"abstract":": This study aims to determine (1) the Implementation of Oversight of Regional Environmental Services to Mineral Mining and (2) the Effectiveness of Oversight of the Kolaka Regency Regional Environmental Service to Mineral Mining Post Law No. 23 of 2014 concerning the Regional Government. This research uses empirical research methods. The study’s chosen location was in Southeast Sulawesi, Kolaka District, and Pomalaa District. The basis for consideration of site selection because that the Kolaka Regency is one of the largest nickel mine producers in Southeast Sulawesi Province. The results showed the Implementation of Regional Environmental Services Supervision Against Mineral Mining. It focuses on Environmental Permits issued to conduct Environmental Monitoring of compliance with mineral mining business responsibility. In comparison, the Effectiveness of Supervision of Regional Environmental Services on Mineral Mining Post Law No. 23 of 2014 concerning Regional Government has not been effectively implemented by the Regional Environmental Agency through the supervision of RKL-RPL and PPLH Permits due to the facilities and facilities provided by the Environment Office to carry out supervision in the field of nickel mineral mining, not available, so it requires facilities from the parties company to carry out supervision. Supervision that must be carried out in applying environmental law requires facilities to carry out supervision effectively without affecting environmental law enforcement activities.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72672112","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, LEGAL, AND SOCIAL ASPECTS OF THE SURROGATE MOTHER PHENOMENON","authors":"Himmaturojuli Rosyid Ridlo, Reisca Tiara Hardiyani","doi":"10.35973/jpl.v3i1.3351","DOIUrl":"https://doi.org/10.35973/jpl.v3i1.3351","url":null,"abstract":"Uterine rental (Surrogate Mother) is where a woman makes a gestational agreement with a husband and wife. The surrogate mother is willing to bear the seeds of a married couple by receiving certain rewards. Uterine rental occurs because the wife can not conceive because of something that happened to her womb. This study uses normative law research methods using normative case studies in the form of legal behavior products by reviewing Law No. 36 of 2009 concerning Health, Government Regulation (PP) No. 61 of 2014 concerning Reproductive Health, the Civil Code, and Law No. 1 of 1974 concerning Marriage. The results of this study are 1. Uterine rental is a pregnancy outside the natural way that can only be done to married couples bound by a legal marriage and experience infertility or infertility to produce offspring 2. All forms of surrogate mother agreements in Indonesia are null and void because they contradict the existing laws and regulations. 3. A child born to a Surrogate Mother who is bound in marriage is the legal child of the woman and her husband, but if the child is born to a Surrogate Mother who is not bound by marriage, the child will be the illegitimate child of the woman. 4. Inheritance rights of children born to surrogate mothers who are bound in marriage will receive inheritance rights from the surrogate mother and her husband. If the surrogate mother is not bound by marriage, the child will only receive inheritance rights from the surrogate mother.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91050277","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":"POLICY OF GIVING IMPUNITY TO STATE ADMINISTRATORS IN THE FIELD OF FISCAL AND MONETARY POLICY IN LAW NUMBER 2 YEAR 2020","authors":"A. Noor","doi":"10.35973/jpl.v3i1.3350","DOIUrl":"https://doi.org/10.35973/jpl.v3i1.3350","url":null,"abstract":"To create economic and financial stability due to the Covid-19 pandemic, the government stipulates Perppu No. 1 of 2020 becomes Law No. 2 of 2020. The law states that state officials in the field of Fiscal and Menoter Policies cannot be prosecuted civilly or criminally in carrying out their duties and official decisions in the context of implementing the Perppu are not objects of state administrative lawsuits. Whereas in a state of law everyone has a position without exception. This research is classified as normative juridical using library materials as the main data source. Based on the research, the policy has the potential to cause a moral hazard, adverse selection, and abuse of power and is contrary to the principles of Good financial governance. The policy of granting impunity to state administrators in the fiscal and monetary fields is contrary to the principle of equality before the law which is constitutionally stated in the 1945 Constitution.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"2016 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89783737","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":"RECONSTRUCTION OF REGULATIONS OF BATAM BUSINESS ENTITY GIVING PERMITS FOR INDUSTRIAL LOCATIONS AND SPECIAL ECONOMIC AREAS","authors":"Sumardi Noto Utomo","doi":"10.35973/jpl.v3i1.2363","DOIUrl":"https://doi.org/10.35973/jpl.v3i1.2363","url":null,"abstract":": Reconstruction; Authority; Batam Business Entity; Giver of Special Economic Zone Industrial Location Permit. Indonesia’s national development aims to create a just and prosperous society. National development will be achieved if economic development can be implemented. Indonesia’s economic development is followed by industrial growth and development. With the transition of the legal umbrella status through the birth of Law no. 39 of 2009 concerning Special Economic Zones (SEZ), SEZ is an area with specific boundaries with geo-economic and geo-strategic advantages. It is given special facilities and incentives as an investment attraction. The formulation of the problem in this study is (1) Why is the authority of BP. Batam to give Industrial Location Permits regulated by the Special Economic Zone? (2) What is the Regulatory Authority of BP. Batam to issue a permit for the location of the Special Economic Zone Industry? (3) How to Reconstruct BP’s Authority. Batam is the issuer of the Special Economic Zone industrial location permit? Objectives (1) To find and analyze the concept of the Batam Concession Agency towards a Special Economic Zone; (2) To examine and analyze the Regulatory Authority of the Batam Concession Agency granting industrial location permits for Special Economic Zones; (3) To reconstruct the authority of the Batam Concession Agency that grants Industrial Location Permits. Special Economic Zones. From the perspective of the Positive Normative Law that applies in Indonesia; Research Approach: Using sociological juridical method; This research is included in the empirical juridical research. Research Results (1) Aspects, Philosophical Elements; Sociological elements; juridical elements. Research Results (2) Regulation, Law Number 39 of 2009 concerning Special Economic Zones, Jo. Act. Number 11 of 2020 concerning job creation. Research Results (3) Reconstruction, Needs to be reviewed regarding Presidential Decree No. 41 of 1973 concerning industrial areas along with the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38. This will result in maladministration and closer to corruption. Conclusion: Presidential Decree Number 41 of 1973 concerning Batam Island Industrial Area, Article 1 paragraph (2) It is not in line with current expectations. No adjustments have been made to the Riau Islands Province Spatial Plan and/or Regency/City Spatial Plan, which can be seen in the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38 can result in maladministration.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82672470","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 GOVERNMENT IN THE LEGAL PROTECTION OF WORKERS PERFORMED BY TERMINATION OF EMPLOYMENT DURING THE COVID-19 PANDEMIC","authors":"Mahmuda Pancawisma Febriharini","doi":"10.35973/jpl.v3i1.2622","DOIUrl":"https://doi.org/10.35973/jpl.v3i1.2622","url":null,"abstract":"Covid-19 has shaken the Indonesian economy, and of course, the most significant impact felt due to this pandemic in industrial relations, both macro and micro. Many companies are threatened with the continuity of their production, which ultimately impacts the survival of workers in Indonesia. This condition emphasizes that the government needs to intervene in alleviating this problem. Based on this, this study aims to determine the government’s role in providing legal protection to workers who have been laid off due to the COVID-19 pandemic. The results in the field show that many workers have been laid off or laid off with wages that are not paid in full. To support the welfare and continuity of work for workers and to support workers who have been laid off or laid off due to Covid-19, the Government has issued various incentives for employers and workers, namely in the form of cash assistance in the form of Wage Subsidy Assistance (BSU) and issuing pre-employee cards aimed at providing training, namely providing skills that can be used for industrial and entrepreneurial needs.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89756289","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 PRESIDENT’S AUTHORITY IN THE APPOINTMENT, TRANSFER, AND DISMISSAL OF CIVIL SERVANTS IN DEMOCRACY IN INDONESIA","authors":"M. N. Rohman","doi":"10.35973/jpl.v2i1.2587","DOIUrl":"https://doi.org/10.35973/jpl.v2i1.2587","url":null,"abstract":"The purpose of writing this article is to analyze the president’s authority in the appointment, transfer, and dismissal of Civil Servants after the issuance of Government Regulation Number 17 of 2020 concerning Amendments to Government Regulation Number 11 of 2017 concerning Management of Civil Servants. In this latest policy, the president is stated to withdraw the delegation of authority if the bureaucracy is not run based on a system of merit and professionalism. This policy has sparked debate because the change is seen as an attempt to dominate and hegemony of the government over the bureaucracy through the creation of undemocratic laws. There are fears that the bureaucracy will become a political tool that will keep it from its primary public servant goal. This research is part of normative legal research (normative research) or doctrinal legal research with a statutory, case, and conceptual approach. The study findings show that constitutionally the president’s authority to withdraw the delegation of authority in the appointment, transfer, and dismissal of civil servants has indeed been based on the provisions of the law where the president is the holder of government power. Still, with this regulatory change, presidential power has become more dominant. It opens up opportunities for conflict of interest to intensify in the administration of the bureaucracy so that it is not in line with democratic values.","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82922701","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 IMPLEMENTATION OF REGULATIONS IN HANDLING COVID-19 IN INDONESIA","authors":"S. Sukirno","doi":"10.35973/jpl.v2i1.2585","DOIUrl":"https://doi.org/10.35973/jpl.v2i1.2585","url":null,"abstract":"","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75473272","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 ISSUES ON THE IMPLEMENTATION OF THE BLUE ECONOMY IN INDONESIA","authors":"Raden Yoseph Gembong Rahmadi","doi":"10.35973/jpl.v2i1.2584","DOIUrl":"https://doi.org/10.35973/jpl.v2i1.2584","url":null,"abstract":": The purpose of this study is to determine the legal regulation arrangements concerning the blue economy and solutions to overcome obstacles to the implementation of the blue economy, in this case, are B3 and dumping. This research is normative juridical research, using a descriptive method with a qualitative approach. The data source used in this study is secondary legal material, which will examine positive legal norms. The conclusion that can be stated is that there is no harmonization between articles in one law and harmonization between laws governing environmental management. The solution to overcome obstacles to implementing the blue economy is first to harmonize related legislation. Second, strict legal action and sanctions from the government if there are violations related to marine affairs. Third, the existence of joint patrols between related institutions in the country and patrols between countries. ada","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84972926","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 URGENCY OF THE PRENUPTIAL AGREEMENT FOR HUSBAND AND WIFE IN INDONESIAN MARRIAGE LAW","authors":"Deddy Gunawan","doi":"10.35973/jpl.v2i1.2577","DOIUrl":"https://doi.org/10.35973/jpl.v2i1.2577","url":null,"abstract":"","PeriodicalId":88325,"journal":{"name":"The journal of philosophy, science & law","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89472743","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}