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All Journal Cakrawala Pendidikan Jurnal Civics: Media Kajian Kewarganegaraan Masalah-Masalah Hukum Jurnal Kesehatan Lingkungan indonesia Bestuur Yustisia Jurnal Pranata Hukum International Conference on Law, Business and Governance (ICon-LBG) Musawa : Jurnal Studi Gender dan Islam Jurnal Hukum IUS QUIA IUSTUM Journal of Indonesian Legal Studies Jurnal Hukum dan Pembangunan Ekonomi Hasanuddin Law Review PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Constitutional Review Substantive Justice International Journal of Law Citizenship Jurnal Pancasila dan Kewarganegaraan Khazanah Hukum JHCLS Al-Istinbath: Jurnal Hukum Islam Journal of Sustainable Development and Regulatory Issues SASI Scientific Development Journal Siber International Journal of Advanced Law
I Gusti Ayu Ketut Rachmi Handayani
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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GREEN CONSTITUTION SEBAGAI PENGUATAN NORMA HUKUM LINGKUNGAN DAN PEDOMAN LEGAL DRAFTING PERATURAN DAERAH DALAM RANGKA PRAKTIK-PRAKTIK TATA KELOLA PEMERINTAHAN YANG BAIK DI DAERAH I Gusti Ayu Ketut Rachmi Handayani
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10612

Abstract

AbstractThe purpose of this study is to formulate legal drafting a model policy formulation Regional Regulation based Green Legislation in order to develop the practices of good governance in the region through strengthening the role of the executive (such as the leading sector of legal department Sector, BLH, Central Java Regional Environment and Parliament through strategies, mechanisms, and empowerment potential, and improving procedures for preparing regulations for environment conservation attention. This study is a juridical non-doctrinal, with a qualitative approach. The method will be used through the stages of: mapping the existing condition into the formulation of legal drafting which has been used, mapping of potential executive (leading sector) and the Parliament, to evaluate regulations that have been generated , identify and evaluate the constraints faced in the policy formulation stage, identify opportunities and strategies and formulate a model formulation that can be developed. The emphasis in the context of formulation of legal drafting by the Government to produce a green-based regulation legislation. The results of research are: First, the preparation of formulations Legal Drafting regulations made by the Government in accordance with Act No. 12 of 2011 and Act No. 32 of 2004, but not all use the Paper of Academic regulation in the formulation so that the Legal Drafting  Regional Regulation not meet the criteria of a good legal system. Second, participation has not been effective and not all regulation is preceded Academic Paper. Third, the constraints in the formulation of legal drafting regulations include limitations of the preparation of draft environmental preservation, the ability to assess the regulation, the ability to formulate an explicit policy, concrete , clear and operational.                          
Governing Illegal Settlements: Housing Policy in Singapore and Australia Handayani, I Gusti Ayu Ketut Rachmi; Ehsonov, Jasurbek Rustamovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (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.v2i2.44

Abstract

The increase in population has an impact on the proliferation of illegal settlements. This study determines and analyzes housing policies and administrative law enforcement about illegal settlements. The study uses normative legal research, which compares legal issues in two countries, Singapore and Australia. This research is descriptive, using both statute and conceptual approaches. The concept of administrative law enforcement and protecting citizens' fundamental rights are used as the basis for our analysis, combining it with legal system theory and administrative law enforcement. The research results show that, in substance, Singapore has a housing policy through Housing & Development Board, which is carried out on a massive scale and is quite successful in dealing with illegal settlements in urban areas about the size of the country's territory. Structurally, government institutions carry out administrative law enforcement through warnings and demolitions. Meanwhile, Australia has not been entirely successful, even though collaboration has been carried out between governments through Australia for Affordable Housing, the private sector, and housing communities. Australia enforces the law by issuing orders to stop using unauthorized buildings and imposing financial sanctions. Affordable and fair housing policies that the enforcement of administrative law can accompany are more effective in reducing illegal settlements than relying solely on the enforcement of administrative law alone or even criminal law. According to a culture of legal awareness, settlers who face various economic and social pressures are more difficult to discipline.
Enforcement of spatial planning laws in controlling spatial use permits in Yogyakarta Kuncorowati, Puji Wulandari; Handayani, I Gusti Ayu Ketut Rachmi; Subekti, Rahayu
Jurnal Civics: Media Kajian Kewarganegaraan Vol 21, No 1 (2024)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/jc.v21i1.70161

Abstract

Space is an area that includes land space, sea space and air space, including space within the earth as a unified territory, where humans and other creatures live, carry out activities and maintain their survival. Increasing population growth has an impact on the economic development of the people of an autonomous region who will undoubtedly utilize space that is considered strategic to support their economic activities. The complexity of development growth in Indonesia requires priority development programs and plans in various aspects or fields, but this development must not conflict with the fifth principle of Pancasila, namely social justice for all Indonesian. There is no consistency in implementing regulations, especially in enforcing laws related to spatial planning, which results in inappropriate development growth which impacts the surrounding environment, and green open space becoming increasingly narrow.
The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries Sulistyanta, Sulistyanta; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Danendra, Ravi
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.70002

Abstract

The imperative role of anti-pornography laws in shielding the younger generation from the pervasive influence of explicit content is indisputable. Nevertheless, the critique leveled against the formulation of criminal sanctions within the ambit of anti-pornography legislation necessitates a rigorous examination of the principle of proportionality. To elucidate this issue, juridical normative research is paramount, with a particular focus on comparative analyses involving Law No. 44 of 2008 and corresponding anti-pornography statutes in Sweden, the Philippines, Malaysia, and India. The findings derived from this comparative investigation reveal several key insights. Firstly, a nuanced exploration exposes both commonalities and disparities in the patterns underpinning the formulation of anti-pornography statutes across these jurisdictions. Secondly, while there is alignment between the gravity of the offense and the severity of criminal sanctions, a notable deficiency surfaces in the failure to distinguish between first-time offenders and recidivists, thereby falling short of the fundamental principle of proportionality. Furthermore, a critical observation underscores the absence of rehabilitative measures for adult offenders grappling with pornography addiction, presenting a lacuna in the current legislative framework. Lastly, the relative nature of anti-pornography formulations from diverse nations underscores a compelling correlation between the legal stance on criminality and the prevailing moral ethos of the respective societies. This comprehensive analysis serves as a clarion call for a recalibration of anti-pornography legislation, aligning it more closely with the principle of proportionality and accounting for the nuanced considerations in rehabilitating offenders.
The Role of the Corporate Penalty System on Environmental Regulation Torodji, Rais; Hartiwiningsih, Hartiwiningsih; Handayani, I Gusti Ayu Ketut Rachmi; Nur, Muhammad
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.179

Abstract

Criminal acts Indonesia's environmental law has numerous issues and has long been regulated in Indonesia. However, the question is whether the Corporate Penalty System on Environmental Regulation can implement this policy. This research aims to analyze the role of the corporate penalty system in environmental regulation. This is normative legal research with secondary data from primary, secondary, and tertiary legal materials. The research results show, first, that the Corporate Penalty System on Environmental Regulation has overlapping regulations and the need for more clarity regarding corporate punishment, substantive issues, and law enforcement. The Indonesian government must focus on this to achieve an integrated corporate punishment system. In environmental regulations, the overlapping provisions of administrative and criminal law contribute to the unjust nature of the corporate punishment system. Therefore, it tends to vary from one location to the next. Second, the threat of punishment is not proportional to the heinousness of the act. Third, the absence of harmonization with prior legal arrangements resulted in disparate sentences. The best way to enforce environmental crimes committed by corporations is to have adequate regulations to work from; encouraging harsher penalties for social and economic losses will be detrimental to environmental justice; and implementing an integrated system of corporate punishment requires a variety of measures, such as enacting new regulations and focusing on ecological criminal law enforcement.
Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

Abstract

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.
Data Protection Laws in Indonesia: Navigating Privacy in the Digital Age Prasetyo, Budi; Handayani, I Gusti Ayu Ketut Rachmi; Sulistiyono, Adi
Side: Scientific Development Journal Vol. 2 No. 1 (2025): Side: Scientific Development Journal
Publisher : Arbain Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/petfxv64

Abstract

The rapid expansion of digital technologies in Indonesia has brought significant challenges regarding data protection and privacy. With the increasing use of online services, e-commerce, and digital transactions, concerns over personal data security have intensified. In response, the Indonesian government enacted the Personal Data Protection Law (PDP Law) in 2022, marking a significant milestone in the country’s legal framework for data privacy. This study explores the implementation and effectiveness of data protection laws in Indonesia using a qualitative research approach. Through in-depth interviews with legal experts, government officials, and digital rights advocates, this research examines the extent to which current regulations align with global standards and whether they adequately address data security threats. The findings indicate that while the PDP Law represents progress, challenges remain in enforcement, compliance, and public awareness. Many organizations, particularly in the private sector, struggle to adapt to the new regulatory environment, and law enforcement agencies face difficulties in overseeing compliance due to resource limitations. Additionally, a lack of digital literacy among Indonesian citizens poses risks, as individuals are often unaware of their data protection rights. Comparisons with international best practices, such as the European General Data Protection Regulation (GDPR), reveal gaps in Indonesia’s approach, particularly in enforcement mechanisms and penalties for data breaches. This study highlights the need for greater government oversight, stronger institutional capacity, and enhanced public education programs to ensure that Indonesia’s data protection laws effectively safeguard digital privacy in the evolving digital landscape.  
Integrating justice-based tax education in Pancasila education: Strategies, challenges, and future directions towards fiscal independence in Indonesia Sari, Chandra Dewi Puspita; Sulistiyono, Adi -; Handayani, I Gusti Ayu Ketut Rachmi
Jurnal Cakrawala Pendidikan Vol. 44 No. 2 (2025): Cakrawala Pendidikan (June 2025)
Publisher : LPMPP Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/cp.v44i2.76438

Abstract

The study aimed to investigate the integration of justice-based tax education in Pancasila education, focusing on strategies, challenges and future directions towards fiscal independence in Indonesia. Completing the result's study used a survey approach that combined quantitative and qualitative methods to gain in-depth understanding. Specifically, the study focused on students who took Pancasila Education courses at Yogyakarta State University in the even semester of 2023. The sample was selected using proportionate stratified random sampling technique, dividing faculties such as Faculty of Engineering, Faculty of Mathematics and Natural Sciences, and Faculty of Vocational Studies, based on cultural similarities. The results showed to identify that the implementation of justice-based tax education was a crucial aspect in integration with Pancasila Education. Triangulation of data from various approaches reinforced some findings that the main challenges included low awareness of the importance of taxes among students and the general public, as well as difficulties in implementing a curriculum relevant to justice values in tax education. The study recommended several strategic measures, including the development of an inclusive tax education infrastructure, comprehensive training for Pancasila education teachers, refinement of the Pancasila education curriculum to better integrate tax justice aspects, and cross-sector collaboration to ensure the success of such integration. Continuous evaluation of fairness-based tax education in Pancasila education was emphasized as an important step to ensure the sustainability and effectiveness of this program in increasing public understanding and participation in a fair and sustainable tax system.
The Omnibus Law Concept in the Job Creation Law and the Legal Consequences for Limited Liability Companies Dewinagara, Trisya Benazir; Handayani, I Gusti Ayu Ketut Rachmi; Purwadi, Hari
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.963

Abstract

Introduction: The concept of Omnibus Law  is intended as a means to resolve conflicting norms between laws and regulations so that inconsistencies do not occur.Purposes of the Research:  The study aimed to evaluate the concept of the Omnibus Law against the Job Creation Law (Undang-Undang Cipta Kerja) with a more specific focus on Limited Liability Company Regulations.Methods of the Research: Normative legal research (doctrinal study) on policies with a Conceptual Approached and Legislation (normative-juridical).Results of the Research: That many sectors of law grouped into the Omnibus Law, which was prone to causing inconsistencies, Lack of clarity in rules resulted in a lack of legal certainty, especially for Limited Liability Companies; the emergence of inconsistencies in the Job Creation Law against the UUPT due to a new concept regarding SMEs Limited Liability Companies or individual Limited Liability Companies which has legal consequences, the emergence of responsibility for piercing the corporate veil because there is only one shareholder; the absence of the role of a notary and an authentic deed of establishment; changed and dissolution of the RUPS SMEs Limited Liability Companies  through an electronic statement letter will cause a lack of legal validity of the Limited Liability Company; absence of a minimum capital requirement could lead to vulnerabilities in providing third party payment guarantees; moreover, setting limits for the establishment of the founders of the SMEs company may only be once a year, creating the risk of branching creditors; and provide an opportunity of creating Limited Liability Companies to seek profits every year, based on a limited liability concept. 
Strengthening Commercial Court Judges’ Knowledge in Handling Patent Claim Disputes: A Comparison Between Japan and Indonesia. Sulistyono, Joko; Hartiwiningsih, Hartiwiningsih; Handayani, I Gusti Ayu Ketut Rachmi; Katagiri, Kazuaki
Susbtantive Justice International Journal of Law Vol 8 No 1 (2025): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v8i1.320

Abstract

This study aims to identify the substantive challenges that Commercial Court judges face when making decisions in patent claim disputes within the Indonesian Commercial Courts. These difficulties arise from the close link between patent claims and novel technological inventions. In Indonesia, However, the performance of Alternative Dispute Resolution mechanisms for patent disputes has been underwhelming, and they do not appear poised to become the primary resolution approach. The research primarily relies on a literature review, but also includes interviews with Commercial Court judges in Central Jakarta, and Japanese Judges in Japan IP Court, and patent Examiner in Japan Patent Office, to confirm the findings. From this study, Japan's system, which involves Court Researchers and an Expert Committee, has been found to provide judges with greater confidence and expertise in handling patent disputes. The Japanese model incorporates technical experts who assist the court in understanding the complexities of patent claims and novel technological inventions, which helps the judges make more informed decisions. This paper will explore the key features of the Japanese patent litigation system and examine how they could be adapted to address the challenges faced by the Indonesian Commercial Courts.
Co-Authors Abdul Kadir Jaelani Achmad Fawaid, Achmad Adi Sulistiyono Al Sentot Sudarwanto Budi Prasetyo Danendra, Ravi dewinagara, trisya benazir Ehsonov, Jasurbek Rustamovich Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Isharyanto Isharyanto Ismail Marzuki Ismiyanto, Ismiyanto Iswari, Fauzi Jayuska, Rizki Katagiri, Kazuaki Lego Karjoko Lego Karjoko Mohammad Zamroni Muhammad Nur Ninuk Triyanti, Ninuk Prabang Setyono Puji Wulandari Kuncorowati Pujiyono Pujiyono Rahayu Subekti Riewanto, Agus Sari, Chandra Dewi Puspita Siska Diana Sari Sulistiyono, Adi - Sulistyanta Sulistyanta SULISTYONO, JOKO Suryajaya, Jonathan Chandra Torodji, Rais Warman, Guruh Raditya Yudianto, Tri