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Journal : Gema Wiralodra

Juridical review of tenant rent agreements in toll road rest area Maskur, Muhammad Novrizal Firdaus; Wasitaatmadja, Fokky Fuad; Sadino, Sadino
Gema Wiralodra Vol. 14 No. 2 (2023): gema wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i2.465

Abstract

Indonesia's economic growth is still centered on the island of Java, thus demanding the Government to conduct development outside Java. PT Hutama Karya (Persero) received a mandate from the Government to develop and build the Trans Sumatra Toll Road through Presidential Regulation No. 100/2014 was then amended through Presidential Regulation No. 117/2015. With the construction of toll roads on the island of Sumatra, economic growth there is hoped to increase. With the Trans Sumatra Toll Road, a rest area is needed to support road users when traveling. PT Hutama Karya entered into a lease agreement with tenants in the managed Toll Road rest area to rent out rental space in the rest area. This study aims to determine whether the laws and regulations regarding the PT Hutama Karya (Persero) OPT Division Rest Area Agreement have fulfilled the Legal Aspects of the Agreement and the Legal Aspects of Justice.
Lack of law that accommodates project bundling as an effort to increase the feasibility of road procurement through a cooperation scheme between the government and small-scale business entities (KPBU) Fachriyanto, Andi; Sadino, Sadino; Rifai, Anis
Gema Wiralodra Vol. 14 No. 3 (2023): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i3.531

Abstract

Provision of road infrastructure at local and regional level is still having a problem in financing and public private partnership (PPP) still cannot solve the problem. Project bundling for PPP is a great option to improve the financial feasibility of smaller value projects. It may be appropriate for the PPP legal framework to provide and support bundling, to make project bundling run smoothly, in order, and achieve its original purpose. This paper is trying to see if the laws and regulations for PPP can provide and support project bundling. The methods used are normative juridical by legislation approach and conceptual approach. This paper concludes that the law providing PPP cannot yet support project bundling properly, caused by the lack of law and inconsistencies in Indonesian Ministerial Regulations that regulates PPP. This calls for a law revision or at least an intervention by policies to support bundling for smaller projects.
Providing compensation for patients with diseases who cannot be given the COVID-19 Vaccine Yamin, Muhammad; Hidayat, Yusuf; Sadino, Sadino
Gema Wiralodra Vol. 14 No. 3 (2023): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i3.542

Abstract

This study aims to describe the procedures and barriers associated with compensating disease sufferers who are not eligible to receive the COVID-19 vaccine. The research method used is normative research, which focuses on analyzing legal aspects based on legal regulations, including Presidential Regulation Number 99 of 2020, concerning Procurement of Vaccines and Implementation of Vaccinations in the Context of Overcoming the 2019 Coronavirus Disease (COVID-19) Pandemic, as well as regulations other relevant matters. Research data was obtained through literature study and document analysis, including primary and secondary legal materials. Data analysis was carried out descriptively and qualitatively with a deductive approach, which refers to general legal principles. The research results identified various obstacles, including technical problems such as a lack of public discipline in undergoing health checks before receiving vaccination and a lack of compliance from medical personnel who manage vaccination procedures per established guidelines. As a result, some groups of people who should not receive the COVID-19 vaccine still receive vaccination, which can ultimately cause side effects. The research also highlights Presidential Regulation Number 14 of 2021 concerning Procurement of Vaccines and Implementation of Vaccinations in the Context of Overcoming the COVID-19 Pandemic, which provides compensation guarantees following applicable regulations if a Post-Vaccination Adverse Event (AEFI) occurs which has the potential to cause disability or death in sufferers of the disease who are not eligible to receive the COVID-19 vaccine. The results of this research provide a deeper understanding of the challenges and obstacles in implementing COVID-19 vaccination, especially in the context of disease sufferers who do not meet the requirements to receive the vaccine, as well as the importance of guaranteeing compensation in AEFI situations that have the potential to have profound impacts.