Progressive Law Review (E-Journal)
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ENVIRONMENTAL PROTECTION POST ESTABLISHMENT OF OMNIBUS LAW ON JOB CREATION IN THE PERSECTIVE OF LOCAL GOVERNMENT AUTHORITY
Full text linkThe dynamics of regulation of environmental protection, with the publication of the Omnibus Law on Job Creation, has had an impact on the content contained in Law Number 32 of 2009 concerning Environmental Protection and Management. The existence of the Omnibus Law on Job Creation has changed at least 27 articles, added 4 articles, and 10 articles were deleted in Law Number 32 of 2009. This paper aims to reflect on the legal implications of environmental protection after the Omnibus Law on Job Creation on regional authorities. The results of the study show that the Omnibus Law on Job Creation has reduced the authority of local governments in protecting the environment. There have been several withdrawals of local government affairs to the central government (recentralization), as well as the strengthening of evaluation instruments by the central government. This legal implication can be a challenge and a threat to solving problems and protecting the environment in the region. On the other hand, this can reduce the spirit of environmental decentralization and weaken the spirit of regional autonomy
A LEGAL ANALYSIS OF CHARACTERISTIC DECISION OF THE ELECTION HONORIC COUNCIL
Full text linkthis study aims to find out characteristic decision of the Election Honoric Council (DKPP) which is final and binding as well as can understand meaning is final and binding for election administrators. This writing uses normative method with statue approach, and conceptual approach. Based on writing is obtained that DKPP is institution Justice ethics for election organizers. position from DKKP is State Auxiliary Organs, or Auxiliary Institutions that are support for balance and monitoring KPU and Bawaslu performance in organizing election general. The nature of the DKPP decision issued namely final and binding for the institutions holder power that is President, KPU, Provincial KPU, Regency/City KPU, Bawaslu, Bawaslu Province, Bawaslu Regency/City and is decision KTUN officials who have final, concrete, individual character that can enter become object Administrative Court claims or disputes
THE FUNCTION OF SIDEWALKS FOR PEDESTRIANS BASED ON LEGISLATION IN INDONESIA
Full text linkResidents who carry out their activities on foot can use the sidewalk, as one of the pedestrian facilities provided by the government. As time goes by, sidewalks that are supposed to be used by pedestrians change their function. The function of sidewalks is to facilitate pedestrian movement from one place to another by ensuring aspects of pedestrian safety and comfort. It is important to know that the role of inter-regional cooperation needs to be carried out so that it is more effective and mutual cooperation between one region and another and is emphasized in Article 328 paragraph (2) that the mechanisms and procedures for regional cooperation include procedures for cooperation between regions, and regional cooperation with other parties. third. Sidewalks are one of the supporting facilities for the implementation of Road Traffic and Transportation where sidewalks are one of the infrastructure that can be used by the community. The function of sidewalks is to facilitate pedestrian movement from one place to another by ensuring aspects of pedestrian safety and comfort. The importance of sidewalk issues should be a bit of a focus for the government, where according to the description above, the function of sidewalks has been confirmed in Article 34 paragraph (4) of the Government Regulation on Roads that sidewalks as intended in paragraph (3) are only intended for pedestrian traffic. The policy that will be implemented may be can be formed in accordance with regional regulations which adapt to the conditions of each region. It is hoped that the involvement of several parties will immediately make the dream trotor a reality for the community, especially pedestrians. It is hoped that the government will immediately form regional regulations regarding the function of sidewalks for the community so that sidewalks can return to their function
Law Konstruksi Badan Usaha Milik Daerah Pasca Berlakunya Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan Peraturan Pemerintah Nomor 54 Tahun 2017 tentang Badan Usaha Milik Daerah: BUMD
No full textABSTRACT
This article discusses the juridical analysis of the regulation of Regional Owned Enterprises (BUMD) after the enactment of Law Number 23 of 2014 concerning Regional Government and its application to the regulation of BUMD in the South Lampung Regency. The research method used is normative juridical with statutory approach. Based on the results of the study it is known, the enactment of the 2014 Regional Government Law has implications for the existence and regulation of BUMDs both existing and to be established, namely in terms of legal form and naming of BUMDs; requirements for the establishment and feasibility of BUMD businesses; regional capital participation and capital ownership in BUMD; BUMD organ; terms of office of the Directors and Dewas / Deris; and DPRD interference in BUMD operations. The results of the study also showed that none of the Regional Governments in Lampung Province, including South Lampung Regency, were following up on the mandate of Article 402 paragraph (1) of the 2014 Regional Government Law to adjust BUMD regulations, and thus potentially conflict with the 2014 Regional Government Law and central government policy.ABSTRAK
Artikel ini membahas analisis yuridis pengaturan Badan Usaha Milik Daerah (BUMD) pasca berlakunya Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan penerapannya pada regulasi BUMD di lingkungan Kabupaten Lampung Selatan. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan. Berdasarkan hasil kajian diketahui, berlakunya UU Pemda 2014 berimplikasi terhadap eksistensi dan regulasi BUMD baik yang telah ada maupun yang akan dibentuk, yaitu dalam hal bentuk hukum dan penamaan BUMD; persyaratan pendirian dan kelayakan usaha BUMD; penyertaan modal daerah dan kepemilikan modal dalam BUMD; organ BUMD; masa jabatan Direksi dan Dewas/Deris; dan campur tangan DPRD dalam operasional BUMD. Hasil penelitian juga menunjukkan pentingnya Pemerintah Daerah di lingkungan Provinsi Lampung termasuk Kabupaten Lampung Selatan menindaklanjuti amanat Pasal 402 ayat (1) UU Pemda 2014 untuk menyesuaikan regulasi BUMD, dan dengan demikian potensial bertentangan dengan UU Pemda 2014 dan kebijakan pemerintah pusat
keadilan restoratif Keunggulan dan Kelemahan Pendekatan Keadilan Restoratif dalam Penyelesaian Sengketa Medis: Pendekatan Keadilan Restoratif dalam Penyelesaian Sengketa Medis
No full textThe legal system in Indonesia has experienced significant progress, especially in the health sector, following the enactment of Law 17/2023 concerning Health. One of the innovations introduced in this regulation is a restorative justice approach as an alternative in resolving medical disputes. Medical disputes are complex problems involving various parties, including patients, health workers and related institutions. Previously, medical dispute resolution only prioritized the litigation process in court, but this often took time, was expensive, did not prioritize the rights of victims, punishments tended to retaliate against the perpetrators, the process was protracted, and there was a lack of recovery from the impact of crimes on victims. So the restorative justice approach provides an alternative solution that focuses on agreement, trust, openness, and without any coercion from the parties involved because this approach tries to achieve a balance between the professional duties of medical personnel and providing attention to victims. This research is normative research that analyzes medical dispute resolution using a restorative justice approach. Therefore, medical dispute resolution is expected to use a restorative justice approach through various methods including mediation, negotiation, consultation, conciliation or assistance with expert assessment. This approach prioritizes reconciliation and communication between related parties to achieve a fair, satisfactory resolution and requires active cooperation from all parties, including patients and health workers in its implementation and requires legal rules and procedures to ensure justice is realized in the process. This research uses a legal approach and a conceptual approach and uses library sources as secondary data in the research process.Sistem hukum di Indonesia telah mengalami kemajuan yang signifikan, terutama dalam bidang kesehatan, seiring dengan diberlakukannya UU 17/2023 tentang Kesehatan. Salah satu inovasi yang diperkenalkan dalam peraturan tersebut adalah pendekatan keadilan restoratif sebagai alternatif dalam menyelesaikan sengketa medis. Sengketa medis merupakan permasalahan kompleks yang melibatkan berbagai pihak, termasuk pasien, tenaga kesehatan, dan lembaga terkait. Sebelumnya, penyelesaian sengketa medis hanya memprioritaskan proses litigasi di pengadilan, namun seringkali memakan waktu, biaya mahal, kurang mengutamakan hak korban, hukuman yang cenderung membalas pelaku, proses yang berlarut-larut, dan kurangnya pemulihan dampak dari kejahatan terhadap korban. Sehingga pendekatan keadilan restoratif memberikan alternatif penyelesaian yang berfokus pada kesepakatan, kepercayaan, keterbukaan, dan tanpa adanya paksaan dari pihak-pihak yang terlibat karena pendekatan ini berusaha mencapai keseimbangan antara tugas profesional tenaga medis dan memberikan perhatian terhadap korban. Penelitian ini adalah penelitian normatif yang menganalisis penyelesaian sengketa medis menggunakan pendekatan keadilan restoratif. Oleh karena itu, penyelesaian sengketa medis diharapkan dapat menggunakan pendekatan keadilan restoratif melalui berbagai metode meliputi mediasi, negosiasi, konsultasi, konsiliasi atau bantuan penilaian ahli. Pendekatan ini mengedepankan rekonsiliasi dan komunikasi antar pihak terkait untuk mencapai penyelesaian yang adil, memuaskan dan diperlukannya kerja sama aktif dari semua pihak, termasuk pasien dan tenaga kesehatan dalam penerapannya serta memerlukan aturan hukum dan prosedur untuk memastikan terwujudnya keadilan dalam proses tersebut. Penelitian ini menggunakan pendekatan Undang-Undang dan pendekatan konseptual serta menggunakan sumber kepustakaan sebagai data sekunder dalam proses penelitiannya
KENVORM LEGAL PROTECTION FOR PREVENTION OF CHILD MARRIAGE IN A DECENTRALIZATION PERSPECTIVE
Full text linkChildren have an important role in determining the quality of a nation's civilization, so preparing the nation's next generation is an important dimension for state administrators. Guarantees for the protection of children's rights, apart from being regulated in the Indonesian constitution, are also emphasized in Law no. 23 of 2002 jo. Law No.17 of 2016 concerning Child Protection, even in Law no. 39 of 1999 concerning Human Rights contains the provision that children's rights are human rights and it is in their interests that children's rights are recognized and protected by law even when they are in the womb. Various parties are obliged and responsible for ensuring the fulfillment of children's rights, starting from the smallest institutions, namely the family, community, village/district government, sub-district, district/city government, provincial government and government. This article aims to find legal protection measures that regional governments can implement in efforts to prevent child marriage. The results of the study and analysis are the author's findings: preventing child marriage is a form of protection and fulfillment of children's rights which is the responsibility of the government, including regional governments. Decentralization, which provides flexibility in carrying out government affairs, is an opportunity and challenge for regions to be able to overcome the problem of child marriage which is still high. Regions need toform regional regulations to legitimize and become the basis for regional governments to make efforts to prevent child marriage. Kenvorm, which is the content of regional regulations, includes: general provisions; principles, aims, objectives and scope; planning; implementation; monitoring and evaluation; coaching; award; financing; and closing provisions
THE CONFLICT OF THE NORMS IN THE EXECUTION OF SECURED OBJECTS WHICH ARE ENFORCED BY LIABILITY RIGHTS WHEN THE DEBTOR IS BANKRUPT
Full text linkIn a transaction, for example a company's working capital credit agreement with a bank, occurs where the bank asks for collateral in the form of mortgage rights in guaranteeing the company to pay its debts to the bank. However, because the company's assetsto be pledged as collateral do not exist or are insufficient, third party assets (individual companies/shareholders/directors/commissioners) are tied up. However, problems arise when the company is unable to pay its debts to the bank and then the bank files a bankruptcy petition which results in the debtor (company) being declared bankrupt. So that in the event that the debtor has been declared bankrupt, the execution process is carried out by the curator under the authority of the supervisory judge. The execution of collateral objects when the debtor goes bankrupt is related to two main problems, namely, related to legal regulations regarding execution and the status of collateral objects related to the bankruptcy of the debtor. With regard to the legal regulations concerning execution and the status of collateral items if the debtor is bankrupt, two different arrangements were found, namely between Law no. 37 of 2004 concerning the KPKPU and Law no. 4 of 1996 concerning Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws beat general Laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution
PROCEDURE FOR REGISTRATION OF MARRIAGE AGREEMENTS AFTER THE MARRIAGE IS DONE
Full text linkMarriage can sometimes give rise to problems regarding property, namely regarding joint property with husband and wife as well as personal property and or innate property. On the basis of selfishness, it is often not realized that one party feels that all the wealth obtained in marriage is the result of his own hard work. This is what often triggers a commotion so that household trips are not harmonious and in line. The problem studied is how the procedure for registering a marriage agreement after the marriage has been carried out. The method used is a normative juridical way. Procedure for Registration of Marriage Agreements After Marriage is carried out based on the Post-Constitutional Court Decision Number 69/PUU-XIII/2012 and Circular Letter of the Director General of Dukcapil Number 472. 2/5876/Dukcapil is to make a deed of agreement made before a notary, prepare the conditions that have been determined, one of which is a marriage certificate of husband and wife, then registered with the local Disdukcapil where the place to issue the marriage certificate is for non-Muslims, and KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the community. and to KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the community. and to KUA for Muslims. The advice given to the relevant agencies in this case Disdukcapil and KUA which handles the issue of marriage agreements in order to provide education and socialization to the communit
LAW ENFORCEMENT AGAINST FOREST FIRE BASED ON PANCASILA IDEOLOGY
Full text linkForest fire law enforcement carried out by formal institutions, such as courts and the government shows a formalist, deterministic attitude, the law is understood narrowly and involutively even uprooted from the ideological/philosophical roots of Pancasila. The attitude of law enforcers who often ignore the community's sense of justice with controversial and discriminatory decisions adds to a series of law enforcement problems. local wisdom in Indonesia. This legal paper uses a philosophical approach to examine in depth the ideology of Pancasila in forest fire law enforcement. The sources of material in this paper were obtained from observations, research and literature studies. Laws, especially those relating to the Environment, fail to transform the ideological/philosophical foundation of Pancasila which has become the values and spirit for the long journey of the Indonesian nation. This happens due to the lack of attention to local wisdom and national interests. The theory put forward by Robert B. Seidman, namely "The Law of Non-Transferability of Law" concludes that the law of a nation cannot be taken over, without having to take over the aspects that surround (the socio-cultural aspect) where the law stands. To borrow Satjipto Rahardjo's term, law does not exist in a vacuum, but it exists together with other social sub-systems, within a wider social system. Therefore, a legal culture that is rooted in the noble values of Pancasila and the 1945 Constitution must be accommodated in the preparation of laws and regulations as well as adopting laws that grow and develop in people's lives in forest fire law enforcement to confirm the authenticity of Indonesian law
FACTUAL REFLECTION OF PANCASILA AS THE BASIS OF THE STATE: UNIFIER AND DEFENSE OF THE INDONESIAN NATION
Full text linkPancasila as universal values with a high abstraction nature need to be concretized so that they can live and become the basis for behavior for the people of Indonesia. As the basis of the State for unification and defense from the flow of globalization, Pancasila is actually reflected in the behavior of the government in exercising state power. It is the commitment and attitude of the actions of the symbols of the State that are able to reflect on whether Pancasila can survive as a unifier and defense or not. The discussion shows thatt as the basis of the state, Pancasila is the foundation that unites the diversity of the Indonesian nation in the state, as well as a defense in facing the challenges of world development/globalization. The factual condition of Pancasila as the unifier and defense of the Indonesian nation has been degraded due to the inability of government institutions to realize Pancasila in the life of the state. This degradation can be seen by the emergence of separatist movements that demand to break away from Indonesia, the frequent SARA-related conflicts and the low morality of youth due to the disadvantages of globalization. Therefore, government institutions are obliged and required to be able to realize the values of Pancasila in the life of the nation and state