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All Journal Jurnal Suara Hukum Ex Aequo Et Bono Journal of Law SASI
Lestari, Putri Diah
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Law, Crime, Criminology & Criminal Justice

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Urgensi Percepatan Pengesahan Rancangan Undang-Undang Penghapusan Kekerasan Seksual Hardianti, Firda Yanis; Efendi, Reno; Lestari, Putri Diah; Puspoayu, Elisabeth Septin
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p26-52

Abstract

According to the Annual Report of the National Commission on Anti-Violence Against Women, cases of sexual violence continue to increase each year. The data shows that Indonesia needs regulations that protect victims of sexual violence. So far there has been no legislation that accommodates the whole of crimes and sexual violence resulting in a vacancy and uncertainness of the law. Indonesia needs laws that can complement its special nature governing and carrying out all forms of sexual violence (lex specialis propensionem sexualem identitatemque). So the existence of laws specifically governing sexual violence is critical to providing guaranteed protection and legal certainty for victims of sexual violence in a more perfect range. The withdrawal of the MCC Bill from Prolegnas is clearly not the answer to the growing problem of sexual violence. So by conducting this research will be a clue to the urgency of the Sexual Violence Elimination Bill which encourages the certainty of legalization. This research conducted by library review method which will produce a research analysis of the impact that will occur due to the delay in the ratification of the MCC Bill with the enactment of the Criminal Law Bill (RKUHP) as it is currently.
Legal Reform of Indonesia’s Nickel Export Ban (Indonesia-Europa) Lestari, Putri Diah; Ilmania, Nurika Falah; Al-Haq, Mursyid
SASI Volume 30 Issue 3, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i3.2295

Abstract

Introduction: Indonesia's nickel export restriction policy is regulated in the Minister of Trade Regulation No. 96 of 2019 concerning Export Requirements for Mining Products from Processing and Refining which is in line with the Minister of Energy and Mineral Resources Regulation No. 11 of 2019 and is the cause of a lawsuit brought by the European Union to the WTO for Indonesia's violation of the provisions of Article XI.1 of the GATT 1994 WTO agreement related to discrimination against export products in the form of nickel ore.Purposes of the Research: The purpose of this research is to analyze the rules of the prohibition of Nickel Exports Based on International Law reviewed based on the theory of state sovereignty in Indonesia.Methods of the Research: This research uses normative legal research using a statutory approach and conceptual approach, and uses descriptive analysis techniques supported by two legal materials, namely primary legal materials and secondary legal materials.Results of the Research: Indonesia certainly has a strong reason why these restrictions are carried out. In addition to national economic growth, it also realizes sustainable development. This research is conducted to describe the policy through the lens of international trade law and Indonesia's authority as a sovereign state.
Harmonization of laws regulating the formation of village government work plan drafting teams Dharma, Bagus Surya; Prasetio, Dicky Eko; Masnun, Muh. Ali; Lestari, Putri Diah
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1092

Abstract

Background: This research aims to analyse the arrangements related to the formation of the Village RKP Compilation Team as stipulated in Permendagri 114/2014 and Permendesa PDTT 21/2020 and to analyse legal harmonisation efforts related to conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020. Methods: This research is a normative legal research that prioritises conceptual and statutory approaches. Findings: The results confirm that the authority to form the Village RKP Compilation Team has moved to the Ministry of Villages, Development of Disadvantaged Regions and Transmigration so that regulations from the ministry are prioritised for use. Conclusion: The resolution of norm conflicts between Permendagri 114/2014 and Permendesa PDTT 21/2020 regarding the formation of the Village RKP Compilation Team can be done by harmonising regulations using the principle of preference, specifically the principle of lex superior derogate legi inferiori in harmonising authority in village development and the principle of lex posterior derogate legi priori in harmonising regulations on the formation of the Village RKP Compilation Team. Novelty/Originality of this article: Through harmonisation using the principle of preference, the regulation on the formation of the Village RKP Compilation Team regulated by Permendesa PDTT 21/2020 takes precedence over its use.
Co-Authors Al-Haq, Mursyid Dharma, Bagus Surya Efendi, Reno Hardianti, Firda Yanis Masnun, Muh. Ali Prasetio, Dicky Eko Puspoayu, Elisabeth Septin