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All Journal JURNAL MAGISTER HUKUM UDAYANA Yustisia Jurnal Dinamika Hukum Jurnal Konstitusi Supremasi Hukum: Jurnal Penelitian Hukum Jurnal Supremasi Jurnal Konstitusi Jurnal Ilmu Hukum
Dewi Cahyandari
Brawijaya University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Yustisia

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BAPETEN SUPERVISORY AUTHORITY IN THE PROCEDURE OF TRANSPORTATION OF RADIOACTIVE SUBSTANCE THROUGH THE SEA Shinta Hadiyantina; Dewi Cahyandari; Dhiana Puspitawati
Yustisia Jurnal Hukum Vol 8, No 3: December 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i3.34678

Abstract

One important thing that must be considered in the use of nuclear and other radioactive materials is the process of transporting radioactive substances through the sea. This paper will analyze the optimization of the supervisory authority of BAPETEN in the transportation of radioactive substances, especially in the process of transporting radioactive substances by sea. Option to choose the sea because most of Indonesia's territory is the sea. If it has the authority, Bapeten's supervisory authority will then be analyzed in the process of transporting radioactive substances via the sea lane. Recommendations from this article are a form of juridical liability if an error occurs, which causes a loss in the process of transporting radioactive substances by sea. Because the process of transporting radioactive substances is essential in preventing the occurrence of radiation, the regulatory authority in the transportation process must be regulated in detail based on the precautionary principle, as well as the form of juridical accountability.
The Good Governance Principle in Fictitious-Positive Case Applications After the Job Creation Law Dewi Cahyandari
Yustisia Vol 12, No 1: April 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i1.63999

Abstract

The enactment of Law Number 30 of 2014 expands the competence of the State Administrative Court in protecting members of the public but also state administrators. Law Number 6 of 2023 concerning Job Creation (Law on Job Creation) mentions fictitious-positive cases in Article 175 number 6, which has changed the provisions on fictitious-positive cases. This study aims to see that the judiciary examines fictitious-positive cases after the enactment of the Job Creation Law and how the public submits requests for review of cases after the Act comes into effect. The research is normative and has a legal and philosophical approach. The research data consisted of primary and secondary materials. The authority of judges to examine fictitious-positive cases has been lost after the enactment of the Job Creation Law, reducing the use of the General Principles of Good Governance in reviewing fictitious-positive cases. However, the enforcement of the Job Creation Law seems to leave legal uncertainty for justice seekers regarding fictitious-positive matters, indicating that the reinstatement of the judiciary's authority to review applications for these fictitious-positive cases needs to be taken into account
Co-Authors Ahmad Siboy Candra Sari Kurniawati Dhiana Puspitawati Herlin Wijayanti Istislam Istislam Istislam Jeremya Chandra M Ikbar Andi Endang M. Ikbar Andi Endang Moh Fadli Mohamad Fadli Shinta Hadiyantina