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All Journal Bestuur Journal of Sustainable Development and Regulatory Issues Journal of Law, Environmental and Justice Journal of Law and Legal Reform
Triasari, Devi
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Role of District Governments in Handling Damage to National Roads in the Regional Autonomy Iswantoro, Iswantoro; Saparwadi, Saparwadi; Triasari, Devi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.22

Abstract

The problematic reality of national roads in rural and urban areas is that they are often damaged and unfit for use. This is due to nationwide road repairs that rely only on the central government's responsibility, resulting in development delays that could endanger the safety of road users. The method used in this research is social legal research to observe law in the dynamics of social life in the context of the role of district and city governments in dealing with damage to national roads. The role of the government in dealing with damage to national roads is to carry out supervision to prevent workers from committing irregularities, misappropriation, and wastage of funds, as well as to overcome obstacles that may occur during the repair process. In addition, the government has a role in carrying out road construction and accommodating policies regarding road construction. Thus, even though national roads are the responsibility of the central government, district and city governments also need to take responsibility for national roads.
Executability of the Constitutional Court's formal testing decision: Indonesia's Omnibus Law review Saputra, Rian; Zaid, M; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i3.18

Abstract

This legal writing analyses the incoherence in the use of Government Regulations in Lieu of Laws as an implementation of the Constitutional Court's Decision on the Formill Test of Laws by using Constitutional Court Decision Number 91 / PUU-XVIII / 2020 as a study material and trying to describe future precedents to the formal test decision, which Perpu continues to improve. It uses case, statute, and conceptual approaches to conduct normative legal research. The study found that: a. The Constitutional Court Decision Number 91/PUU-XVIII/2020 declared the Job Creation Law conditionally unconstitutional because its formation was not based on reasonable and correct procedures for the formation of laws and regulations or radically deviated from the principle of lawmaking. Constitutional Court Decision Number 91/PUU-XVIII/2020 requested that the Job Creation Law, which was declared conditionally unconstitutional, be revised through a good and correct mechanism for law and regulation formation, which includes community participation. In the context of the president's attitude towards using Government Regulation in Lieu of Law to comply with the Constitutional Court Decision No. 91/PUU-XVIII/2020, the use of the Perpu mechanism to improve the Job Creation Law negates public participation as a fundamental part of the process of forming good laws and regulations.
Illiberal Peace in Sri Lanka: Reasons and Achievements of the Resulting Peace Adhira, Putri; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.92

Abstract

Sri Lanka is one example that is often raised in the literature to describe what then categorized as illiberal peace process. In this country, the illiberal peace process needs to be seen as an new political option from Presiden Mahinda Rajapaksa to end a prolonged civil war. This study focused to answer two questions: (1) the reasons why President Mahinda Rajapaksa more prefer choose illiberal peace and (2) the peace created after the war was stopped in Sri Lanka. The study found at least three reasons behind President Mahinda Rajapaksa illiberal decision: the issue about threat of prolonged domectic instability, the ineffectiveness of negotiations, and finally, about political opportunity. About peace after war, this study found Sri Lanka led to the formation of a negative peace order.
Coal Post-Mining Reclamation Policies in Several Countries: Lessons for Indonesia Wicaksono, Muhammad Bagus Adi; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.106

Abstract

This study seeks to delineate coal post-mining reclamation regulations in the United States, Australia, and China. Subsequent analyses are performed to enhance the control of coal post-mining reclamation in Indonesia. This research employs a comparative and conceptual law approach that aligns with the research aims. The findings indicate that in the United States and China, coal reclamation and post-mining arrangements are executed through guarantees in the form of cash or bonds, governed by specific legislation, and overseen by designated institutions with the authority to manage post-mining reclamation responsibilities while facilitating public involvement in the planning of coal post-mining reclamation initiatives. Indonesia needs more specific legal legislation controlling coal post-mining reclamation guarantees and a designated agency empowered to manage post-mining reclamation responsibilities
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Saputra, Rian; Zaid, M; Wibowo, Muhammad Kurniawan Budi; Hanum, Willy Naresta; Triasari, Devi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Siboy, Ahmad; Al-Fatih, Sholahuddin; Triasari, Devi; Tegnan, Hilaire
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
Co-Authors Adhira, Putri Ahmad Siboy Hanum, Willy Naresta Iswantoro, Iswantoro M Zaid M Zaid Rian Saputra Saparwadi, Saparwadi Sholahuddin Al-Fatih Tegnan, Hilaire Wibowo, Muhammad Kurniawan Budi Wicaksono, Muhammad Bagus Adi Zaid, M