Articles
Perda Progressive : an Alternative To Fulfillment of Poor People Rights of Health in Local Autonomy
H.S. Tisnanta;
Agus Triono
International Conference On Law, Business and Governance (ICon-LBG) Vol 1 (2013): 1st ICon-LBG
Publisher : UBL
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Autonomy system based on act No. 32 /2004 directed the effort to accelerate the realization of thepeople's welfare. Level of welfare can be measured through human development index consist of twomain indicators, that are health and the economy. Autonomy will be encourage government localaccountability and increased sensitivity to provide public goods and services. Accountability andsensitivity of local government based on Perdawhich is form of local legislation.However, the fact shown that there has been a gap between perda and social condition materialized inthe form of poverty. Perda can not guarantee the health rights for the poor in term of freedom,availability, affordability, acceptability and quality. In addition, there is lack on the quantity of perdaand quality of perdas a legal framework to ensure the good services provided by local government.The fulfillment of the health poor rights is requiring progressive perda encompassing the aspects ofauthority, procedure and substance of perda. The moralityof perda progressive can be achieved throughthe empowerment for the poor using a rights-based approach. The empowerment shall be conductedthrough the formulation of perda progressive aiming right enhancement, rights awareness, rightsenablement, and rights enforcement. The effort is requiring the principles of responsiveness, as theprinciple of material formulation and implementation of perda progressive, within the framework ofpurposive law
EKSISTENSI LEMBAGA PENGAWASAN OMBUDSMAN DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI DAERAH
Agus Triono
SOSIOLOGI: Jurnal Ilmiah Kajian Ilmu Sosial dan Budaya Vol 17 No 1 (2015): SOSIOLOGI: Jurnal Ilmiah Kajian Ilmu Sosial dan Budaya
Publisher : Jurusan Sosiologi Fakultas Ilmu Sosial dan Ilmu Politik Universitas Lampung
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DOI: 10.23960/sosiologi.v17i1.88
Public service is a citizen's constitutional right guaranteed by the constitution that must be organized as well as possible and should be monitored. The existence of the Ombudsman oversight agencies that have oversight of the public service to be important in keeping the public administration remains in the observance of law and general principles of good governance. The problem in this research is how the existence of the institution of the Ombudsman in delivering public service in the province of Lampung. Based on research conducted using normative legal research methods and to approach the problem using the statue approach and the conceptual approach, it can be seen that the existence of the Ombudsman oversight agencies are not can be released from the increasing practice of maladministration committed by the state officials both at the central and regional levels. Normatively, the existence of the Ombudsman strengthened by setting it in the Law 37 of 2008 on the Ombudsman of the Republic of Indonesia, Law No. 25 of 2009 on Public Services and Law 23 Year 2014 on Regional Government. In the implementation of its oversight function of public service, Ombudsman in Lampung province has implemented monitoring functions involving various stakeholders, including Provincial Information Commission and Various Institutions/Government Agencies both central and local levels. Nevertheless, Ombudsman in Lampung Province has not optimally performed its function and socialization of the community over its functions oversee public services in the province of Lampung. So expect Ombudsman in Lampung province more socializing existence with all its functions to the broader community and conduct surveillance activities more actively in solving the cases of maladministration that occur without having to wait for a report.
PERLINDUNGAN HUKUM BAGI ANAK DI ERA OTONOMI DAERAH (Studi tentang Peran Pemerintah Daerah dalam Mengatasi Masalah Pekerja Anak)
Agus Triono
SOSIOLOGI: Jurnal Ilmiah Kajian Ilmu Sosial dan Budaya Vol 16 No 2 (2014): SOSIOLOGI: Jurnal Ilmiah Kajian Ilmu Sosial dan Budaya
Publisher : Jurusan Sosiologi Fakultas Ilmu Sosial dan Ilmu Politik Universitas Lampung
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DOI: 10.23960/sosiologi.v16i2.102
The State plays a role and is responsible for the provision of protection in children, including the fulfillment of children's rights. But organizers of both Government and state, local governments still lack the attention and protection of the child. In the province of Lampung, children who work under is still very high, the national team is the acceleration of poverty reduction (TNP2K) released the number of child workers in Lampung until 2012 reached 4 thousand. That problem was interesting to do research with regard to how the legal instruments sitting in protecting child workers, what efforts are undertaken by local authorities in Lampung province to protect child workers and the challenges faced in giving protection against child labor. Based on research conducted with the normative approach which is done by examining the legal aspects relating to the legal protection of child workers suggest that many settings have legal protection against child labor in Indonesia and in particular in the province of Lampung is set in Regulation No. 4 Lampung Provinces in 2008 About the service of the rights of the child. Protective measures against child labor include the aspects of legal protection, the protection of economic, social and technical protection. The efforts that have been undertaken by the regional Government of the province of Lampung in protecting child workers is by pulling the child workers in the province of Lampung from environmental work to return was educated at the school. Obstacles that occur in the field more because many workers' children scattered in remote areas that are difficult to do logging, monitoring, and coaching for child workers. So it is recommended that local government existing regulations optimize and conduct cooperation with all the parties to carry out protection and address the problem of child workers in the area.
MEMENUHI KEADILAN BAGI MASYARAKAT DALAM KONTEKS PELAYANAN PENDIDIKAN (Studi Kasus Pungutan untuk Pendanaan Sekolah)
Agus Triono
Pancasila and Law Review Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Lampung
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DOI: 10.25041/plr.v1i2.1951
This article aims to explain how justice should be fulfilled in the context of educational services. In particular, the authors analyzed the charges for school funding that are currently rife—based on the analysis, that the collection of levies from the community for school funding is permitted according to statutory regulations with various restrictions. As a government legal action, the collection of these levies can have legal consequences. It can be declared invalid, invalid and not legally binding because they have violated applicable laws, thus causing an injustice to the community. Therefore, the collection of levies must be carried out legally, transparently and accountably. Thus the community can obtain legal certainty and justice and can actively participate in the development process and improve the quality of education. Withdrawal of donations can generally be requested but must fulfil the essence of a sense of justice. As a legal action the government, in this case, is the education unit or school management, it must still be held accountable if it results in injustice. This injustice can be in the form of an act of abuse of authority, confusing authority or acting arbitrarily, which is included in the criteria of maladministration. The research method used in this article is normative and qualitative data management. The suggestion that can be conveyed is that the government must optimize the applicable laws and provide even stricter sanctions for justice for society.
Sosialisasi Rogatory Sistem Bagi Calon Kenshushei Perikanan Sebagai Pekerja Migran Indonesia
Ria Wierma Putri;
Yunita Maya Putri;
Agus Triono;
Melly Aida
Journal of Engineering and Information Technology for Community Service Vol 1, No 2 (2022): Volume 1, Issue 2, October 2022
Publisher : Universitas Teknokrat Indonesia
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DOI: 10.33365/jeit-cs.v1i2.138
Indonesian Migrant Workers (PMI) are the country's largest foreign exchange earner. Often dubbed as foreign exchange heroes, it does not make them free from problems while working abroad. Often PMIs are victims of violence and other crimes, especially illegal PMIs. PMI's lack of understanding of the law is one of the factors causing the high number of legal cases experienced by PMI. The form of protection for Indonesian citizens who are abroad should be socialized to PMI Candidates. Kenshusei are basically apprentices stationed in Japan, one of the fields that sends kenshusei a lot is fisheries. For this reason, this activity aims to provide insight to PMIs regarding the rights and obligations as well as protection related to the Rogatory System. The Rogatory System is run by the Ministry of Foreign Affairs and the Supreme Court. The target of this service is PMI/PMI candidates to be able to understand the Rogatory System as a means of protection for PMIs working abroad. The methods used in this service are counseling and focus group discussions (FGD).
Pengendalian Kerusakan Lingkungan Akibat Aktivitas Pertambangan di Kecamatan Pasir Sakti
Feri Andriawan;
Muhammad Akib;
Agus Triono
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 1 No. 1 (2021): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia
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DOI: 10.35912/jihham.v1i1.414
Purpose: This study aims to determine whether sand mining activities in Pasir Sakti District cause environmental damage and directly impact the community's life sector. There are over 1000 hectares of abandoned mining areas. The researcher is interested in examining problems, in this case, how efforts to control environmental damage caused by sand mining activities are progressing and what factors are impeding the implementation of environmental damage control. Research Methodology: This research takes an empirical normative approach to the problem. This is accomplished by describing and analyzing the results obtained from library data and field observations. Results: The findings indicated that a variety made efforts to implement control of parties, including the Environmental Service, the Police, and the community. Socialization of the community is needed in order to deter illegal mining and the resulting environmental damage. As a countermeasure, the imposition of administrative sanctions in government coercion through the control of illegal mining activities. Additionally, community involvement in rehabilitating and reforesting former mining areas contributes to recovery should be imposed. These parties' environmental damage control efforts have been less than optimal due to impeding factors such as a lack of institutional coordination or cooperation among the parties responsible for implementing the control and the absence of strict sanctions against illegal sand miners Contribution: The author proposes a review of existing control programs and increased enforcement efforts against illegal sand miners.
SHIP SINKING POLICY: A LEGAL CHOICE TO ERADICATE ILLEGAL FISHING IN INDONESIA
Faradiba Putri Rahmadani;
Agus Triono
Lampung Journal of International Law Vol. 4 No. 2 (2022)
Publisher : Faculty of Law Universitas Lampung
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DOI: 10.25041/lajil.v4i2.2670
Illegal fishing is a serious problem and is detrimental to Indonesia. In overcoming these problem, the Indonesian government has taken several policies including the sinking of ships that do illegal fishing. But this policy raises pros and cons. This article discusses government policies against illegal fishing and ship sinking as an effort to eradicate illegal fishing in Indonesian waters. This article is a normative legal research with a statutory approach. The data was obtained from searching relevant national and international legal materials and analyzed descriptively. The results showed that the government policies related to illegal fishing were carried out in several ways, namely: Formation of Task Force 115, Indonesian Marine Policy, Transshipment Policy and Ship Sinking Policy. The implementation of this policy is very dependent on the legal choice of the minister who is in office. The Ship Sinking Policy is considered as a concrete and decisive action that is far more important and effective than other actions. In addition, the policy of sinking ships is carried out based on sufficient preliminary evidence to avoid conflicts with other countries.
Legal Vacuum: Conflicts of Interest for Public Accountants and Practicing Accountants in Indonesia
Hidayatullah;
Agus Triono;
FX Sumarja
Formosa Journal of Multidisciplinary Research Vol. 1 No. 7 (2022): November 2022
Publisher : PT FORMOSA CENDEKIA GLOBAL
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DOI: 10.55927/fjmr.v1i7.1805
Cases that arise related to financial reports audited by public accountants cannot be separated from how a public accountant provides his services. The overlap between the services provided by Public Accountants and Practicing Accountants can lead to conflicts of interest, efforts to minimize conflicts of interest do not yet have comprehensive regulations in place to anticipate since applying for permits to anticipate conflicts of interest, currently new conflict of interest limits are from the side of only one public accountant, this legal vacuum needs to be it becomes a thought for policy makers to make regulations that Public Accountants and Practicing Accountants must choose one if they want to apply for a license, they are prohibited from applying for both permits at once but choose only one permit
Pertambangan Pasir Di Lampung Selatan: Kajian Kewenangan Dan Pengawasan Dalam Rangka Perlidungan Lingkungan Hidup
Dani Berlan Ramadhan;
Agus Triono;
Rifka Yudhi
JATISWARA Vol. 38 No. 2 (2023): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram
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DOI: 10.29303/jtsw.v38i2.524
Pertambangan pasir ilegal adalah perbuatan yang melanggar ketentuan normatif Pasal 35 ayat (1) UU No 3 Tahun 2020 tentang Pertambangan Mineral dan Batubara. Sehingga pemenuhan terhadap perizinan adalah salah satu upaya untuk mengatasi permasalahan pertambangan ilegal tersebut. Penelitian ini akan membahas mengenai bagaimana kewenangan perizinan penambangan pasir di daerah serta bagaimana pengawasan penambangan pasir dalam rangka perlindungan lingkungan hidup di Lampung Selatan. Metode yang digunakan adalah penelitian kualitatif dengan pendekatan normatif analitis melalui kajian terhadap peraturan perundang- undangan dan kajian kepustakaan dari bahan sekunder seperti buku, jurnal, dan bahan hukum lainnya. Serta pendekatan empiris untuk mengetahui keadaan faktual di lapangan maka dilakukan studi lapangan dengan wawancara terhadap informan sebagai pekerja tambang pasir. Hasil penelitian menunjukkan bahwa perizinan adalah instrumen hukum dalam rangka perlindungan lingkungan, perubahan kewenangan perizinan menyebabkan kabupaten/kota tidak lagi memiliki kewenangan untuk melakukan pengelolaan terhadap pertambangan pasir. Saat ini kewenangan perizinan pertambangan pasir berada pada pemerintah provinsi. Sementara itu lokasi tambang yang jauh dari jangkauan pemerintah provinsi menyebabkan tidak maksimalnya pengawasan terhadap tambang pasir tersebut, solusi yang dapat dilakukan adalah melalui pendekatan tata kelola kolaboratif dengan berbagai pemangku kepentingan, seperti pemerintah daerah kabupaten melalui dinas terkait, organisasi LSM,