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KEWENANGAN PEMERINTAH DAERAH DALAM PENYELENGGARAAN PERIZINAN BERUSAHA Jumadil, Moh Rizky A; Setiawan, Rahmat; Maroa, Mustating Daeng; Harianto, Asis; Rays, M. Ikhwan
Jurnal Yustisiabel Vol. 7 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v7i1.2449

Abstract

The authority to administer business licenses in the regions and the authority of the regional government in administering business licenses using the Online Single Submission (OSS) system are matters that will be studied. The research method used is normative legal research. The results of the research and discussion show that the authority to administer business licenses in the regions is a concurrent authority owned by the regions. Where the authority of the regional government must follow the norms, standards, criteria and procedures set by the central government. The implementation of Business Licensing in the Regions is carried out to improve the investment ecosystem. The improvement of the investment ecosystem and business activities includes Risk-Based Business Licensing, basic requirements for Business Licensing, and sector Business Permits and ease of investment requirements. The implementation of Business Licensing using the Online Single Submission (OSS) System by the regional government is limited to operating the system while the Central Government through the OSS institution carries out the implementation. The OSS system does not mean taking over the authority of the regional government in the licensing process, because the regional government continues to oversee investors' commitment to business licensing.
GANTI RUGI DAN REHABILITASI DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM ACARA PIDANA Rays, M. Ikhwan
Jurnal Yustisiabel Vol. 9 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32529/yustisiabel.v9i1.3946

Abstract

Indonesian Criminal Procedure Law upholds human rights compared to the Dutch East Indies legacy of HIR, which ignores it. One of the main rights accommodated in the Criminal Procedure Code is the principle of presumption of innocence, as well as other rights such as legal aid, legal counsel, and the right to compensation and rehabilitation. This study aims to analyze the causes of compensation in the Criminal Procedure Code and the procedures for rehabilitation for individuals who experience errors in the judicial process. This study uses a normative method with a literature study. The results of the study indicate that rehabilitation can be submitted through a pretrial motion (Article 97, paragraph (3) of the Criminal Procedure Code) for suspects/defendants who experience errors in the legal process. Meanwhile, for defendants who are acquitted or released, rehabilitation is given in the verdict (Article 97, paragraphs (1) and (2) of the Criminal Procedure Code) or based on SEMA No. 11 of 1985 if it is not included in the verdict