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p-Index From 2021 - 2026
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All Journal JHR (Jurnal Hukum Replik) Priviet Social Sciences Journal Activa Yuris: Jurnal Hukum
Jahra, Shofiyatu
Unknown Affiliation
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Access To Justice for Vulnerable Groups in Ptun Procedures Procedural Obstacles and Legal Solutions Jahra, Shofiyatu; Nuari, Annisa Indah
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14961

Abstract

Access to justice is not just a situation or goal to be created, but also a process, a description of the conditions expected from the implementation of access to justice in the Indonesian context, basically, is that the State guarantees the fulfillment of basic human and citizen rights based on the 1945 Constitution, groups of people who are able and vulnerable groups of people, including the elderly, children, the poor, pregnant women and people with disabilities. By using a normative legal approach method, namely examining law within the scope of literature studies and using qualitative research specifications, the data analysis that the author conducted was a qualitative data analysis-legal analysis based on the nature of descriptive research, using primary data and secondary data types that include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research that the author obtained were that there are procedural obstacles faced, such as procedural costs that burden vulnerable groups, and not everyone knows the prodeo (free) filing procedure, the complexity of procedures including writing lawsuits, up to the 90-day deadline, and administrative legal standing is often rejected due to incompleteness. The absence of systematic legal assistance, e-court only supports technology-savvy communities, the lack of interpreters, special assistants, and the absence of affirmative instruments explicitly regulating the protection of vulnerable groups in PTUN procedures.
Implementation of the principle of strict liability in environmental law: A case study of Cesium-137 Radiation Exposure in the Modern Cikande Industrial Area Nuari, Annisa Indah; Jahra, Shofiyatu; Abdurrachman, Aryoko
Priviet Social Sciences Journal Vol. 5 No. 11 (2025): November 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i11.945

Abstract

This study aims to examine the government's efforts to enforce environmental law as a form of legal protection for communities and workers affected by exposure to Radioactive Cesium-137 in the Modern Cikande Industrial Area. This study employs a qualitative descriptive method with a normative juridical and case study approach. The findings indicate that the company responsible for exposure to Radioactive Cesium-137 can be held legally accountable based on the principle of strict liability. The conclusion of this study indicates that the government needs to enhance the supervision of industrial activities that are vulnerable to pollution from hazardous and toxic waste materials. Furthermore, the government must enforce strict legal measures regarding environmental violations in accordance with the principle of strict liability and applicable laws and regulations.
Overlapping Central-Regional Authorities in the Unitary State of the Republic of Indonesia: Problems of Decentralization Design and Governance Reconstruction Arfandy, Muh Farhan; Santoso, Amin Nugrah; Abdurrachman, Aryoko; Jahra, Shofiyatu
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24072

Abstract

The dynamics of central-regional relations in Indonesia's post-Reform constitutional system continue to fluctuate, particularly with the advent of the Omnibus Law regime (Job Creation Law), which has fundamentally altered the landscape of decentralization. This article examines the structural problems of overlapping authority, which are no longer merely administrative but have created a regulatory vacuum and legal uncertainty at the local level. Using normative legal research methods with statutory and conceptual approaches, this study analyzes the disharmony between the Regional Government Law as the basis of autonomy and various sectoral laws that tend to be centralistic. The findings indicate that centralization of licensing without adequate central supervisory capacity has weakened environmental control functions and hindered public service effectiveness. As a solution, this article proposes a reconstruction of the authority distribution model through five strategic pillars: (1) regulatory harmonization placing the Regional Government Law as the lex generalis; (2) revitalization of the subsidiarity principle returning execution functions to the regions; (3) institutionalization of non-litigation administrative dispute resolution mechanisms; (4) a shift towards outcome-based accountability; and (5) the implementation of asymmetric decentralization and multi-level governance. This reconstruction aims to build a synergistic, accountable, and responsive central-regional relationship within the framework of the Unitary State of the Republic of Indonesia.
Co-Authors Abdurrachman, Aryoko Arfandy, Muh Farhan Nuari, Annisa Indah Santoso, Amin Nugrah