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All Journal JURNAL MAGISTER HUKUM UDAYANA Musamus Law Review Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Nurmayani Nurmayani
Faculty Of Law, Universitas Lampung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of The Sustainable Development Concept In Indonesia’s Environmental Law Nurmayani Nurmayani; Eka Deviani; Risa Mahdewi; Desia Rakhma Banjarani
Musamus Law Review Vol 4 No 1 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i1.3949

Abstract

The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.
Problematika Konsep Diskresi dalam Penyelenggaraan Administrasi Pemerintahan pasca Undang-Undang Cipta Kerja Nurmayani; Mery Farida
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 1 No. 1 (2021): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.738 KB) | DOI: 10.35912/jihham.v1i1.412

Abstract

Purpose: The enactment of Law No. 11 of 2020 on Job Creation has modified several provisions governing government administration, one of which concerns discretion. Discretion, defined as the freedom of action of government officials when acting or making decisions, is redefined in the Job Creation Law, as the previous definition was deemed to obstruct investment by defining discretion as limited discretion. The community criticizes discretion, but the Job Creation Law's discretion is due to the numerous problems associated with this concept. Research Methodology: The study's problem formulation is as follows: How is the concept of discretion applied to government administration following the Job Creation Act? What issues arise as a result of the Job Creation Act's change in the concept of discretion? This legal research employs a normative juridical research methodology that combines a statutory and conceptual approach to map the concept of discretion in the Law on Job Creation and the resulting problems. Results: The Employment Creation Act expanded the concept of discretion by eliminating discretionary requirements that are inconsistent with applicable laws and regulations, resulting in several issues, including the possibility of issuing unconstitutional discretion, discretion that is inconsistent with the AUPB, and a concept of discretion that is too broad, disproportionate to the supervision of discretionary officials.
Local Government Policies Related to Simplification of Micro, Small and Medium Enterprises Licensing Nurmayani Nurmayani; Ati Yuniati; Yusdiyanto Yusdiyanto; Madinar Madinar; Marlia Eka Putri
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 1 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i01.p03

Abstract

There are obstacles for business actors in establishing Micro, Small and Medium Enterprises or MSMEs. It is related to the many conditions in permissions of establishments MSMEs that make it difficult for business actors to establish MSMEs. Even it has an impact on the low interest of investors to invest. Therefore, in the government's efforts to overcome the issue of licensing for MSMEs is the establishment of Job Creation Law aims to simplify licensing for MSMEs. The research method used is Normative Juridical with a statue approach. In this study, it is known that the policies implemented in the regions are in accordance with Government Regulation No. 6 of 2021 concerning the Implementation of Business Licensing in the Regions must be in the form of a regional regulation which must be harmonized with the currently valid Government Regulations, and implemented the Online Single Submission Permission System in Lampung Province. However, currently there are no recent regional regulations that are in accordance with Government Regulations on the Implementation of Business Licensing in the Regions.
The Application of The Sustainable Development Concept In Indonesia’s Environmental Law Nurmayani Nurmayani; Eka Deviani; Risa Mahdewi; Desia Rakhma Banjarani
Musamus Law Review Vol 4 No 1 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i1.3949

Abstract

The reality of state life places the environment in sustainable development as an integral part of the national dynamics development. Moreover, Indonesia itself has issued various policies and instruments in the development of environmental law. Therefore, the development of environmental law cannot be separated from efforts to develop environmental law in accordance with international and national concepts or principles, one of which is the concept of sustainable development. However, environmental problems in Indonesia often occur, for example, forest fires, river pollution, air pollution, garbage, etc. This can raise doubts for the Indonesian people regarding the concept of sustainable development has really been applied in environmental law regulations in Indonesia so that it is necessary to examine the application of the sustainable development concept in Indonesia’s environmental law. Based on this background, the problem discussed in this paper is how the concept and application of sustainable development are in Indonesia’s environmental law? The method used in this article is normative legal research with a library law approach. The results of the study indicate that environmental law regulations in Indonesia such as: Law Number 4 of 1982 concerning Basic Provisions for Environmental Management, Law Number 23 of 1997 concerning Environmental Management, Law no. 32 of 2009 concerning Environmental Protection and Management, and Law no. 11 of 2020 concerning Job Creation, has been in accordance with the concept of sustainable development as stated in the articles in each of these laws.
Co-Authors Ati Yuniati Desia Rakhma Banjarani Eka Deviani Madinar Madinar Marlia Eka Putri Mery Farida Risa Mahdewi Yusdiyanto Yusdiyanto