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All Journal Lentera Hukum Jurnal Mahasiswa Fakultas Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal Ilmiah Hukum LEGALITY PROGRESIF: Jurnal Hukum JHCLS Indonesian Journal of International Law Human Rights in The Global South (HRGS)
Prischa Listiningrum
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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PERDEBATAN EKSISTENSI DAN KEDUDUKAN PERATURAN PRESIDEN DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Listiningrum, Prischa
Jurnal Mahasiswa Fakultas Hukum Sarjana Ilmu Hukum, Februari 2013
Publisher : Jurnal Mahasiswa Fakultas Hukum

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Abstract

Perdebatan eksistensi dan kedudukan Peraturan Presiden (Perpres) yang cukup sengit dalam Rapat Panitia Khusus (Pansus) Rancangan Undang-Undang tentang Pembentukan Peraturan Perundang-undangan (RUU P3) antara DewanPerwakilan Rakyat (DPR RI) sebagai penginisiasi RUU dan Pemerintah, menggelitik penulis untuk mengkaji lebih dalam mengenai keberadaan Perpresdalam sistem ketatanegaraan di Indonesia, terutama dalam hierarki peraturanperundang-undangan. Jika dirujuk kembali kepada UUD 1945, tidak disebutkan secara langsung mengenai adanya Perpres dan jika dilihat sebagai produk eksekutif (Pemerintah), maka keberadaan Perpres sebagai aturan pelaksana undang-undang hampir sama dengan Peraturan Pemerintah (PP), yakni sama-sama bertindak sebagai delegated legislation. Sehingga demi efisiensi, DPR mengusulkan penghapusan Perpres dari hierarki. Pendapat ini tentunya harus dikaji secara mendalam, mengingat Perpres merupakan kewenangan Presiden yang muncul atas konsekuensi dianutnya sistem pemerintahan presidensial dimana Presiden sebagai penyelenggara pemerintahan tertinggi mempunyai original power dalam memutus dan mengatur.
UNRAVELING THE RIGHT TO LIFE IN CASES OF DEATHS RESULTING FROM THE ACTIONS OF STATE AGENTS UNDER THE SYSTEM OF ECHR Listiningrum, Prischa
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (114.259 KB) | DOI: 10.21776/ub.blj.2017.004.01.04

Abstract

it shall be done in a certain threshold of necessity. In particular when the taken of life is done by the agents of states. This article examines the interpretation of article 2 by the European Court of Human Rights, especially when it is read in conjunction with state’s positive obligations under article 1. The discussion will proceed in three sections: first, the review of the evolvement of the procedural requirements of article 2 in cases of deaths arising from the acts of state agents. Second, is the examination of whether the procedural requirements of article 2 can be used as a mean in securing the adequate protection of the right to life from arbitrary killing by the use of lethal force. Third, is an analysis of an effective legal system as a procedural requirement of article 2 in the case of homicide caused by the negligence of the authorities. Finally, this essay will conclude by examining the Court’s position in its endeavours to achieve an appropriate balance between not over-burdening its Member States and securing the adequate protection of the right to life.
Improving Indonesia's Commitment to Open Government Through Online Petition Kusumaningrum, Adi; Bachtiar, Rizqi; Listiningrum, Prischa
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since 2011 Indonesia has joined as a member of Open Government Partnership, which is an international platform for countries committed to making their government more open, accountable, and responsive to citizens. However, the implementation of open government in Indonesia is criticized by some researchers because of the simplification of meaning. Open government is often described as uploading all government information into the official government website.Therefore, alternative policies are needed to ensure the openness of the government. This study offers the idea of ​​creating an online petition system officially administered by the House of Representatives as an alternative forum. The petition system offered is different from the conventional online petition system, because the conventional system does not have clear legal umbrella and is managed by Non-Governmental Organizations. By comparing the advantages and disadvantages of the addition of the authority to the Parliament, it is expected that the system will strengthen the oversight function by the Parliament. Nevertheless, the alternative solution offered in this study is highly dependent on the political will of the government and the House of Representatives in making clear and legal rules.
Waste management without direction in Indonesia: a proposed legal reform towards smart cities Listiningrum, Prischa; Dahlan, Moh.; Anwary, Muhammad Anis Zhafran Al; Wahyuni, Herlin Sri; Bachtiar, Rizqi
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.27375

Abstract

This article delves into the regulation of municipal solid waste management (MSW) in Indonesia, viewed from the concepts of smart city and circular economy. The legal politics of Law Number 18 of 2008 on Waste Management has been restricted to the concept of 3Rs: reduce, reuse, and recycle. The idea of a circular economy refers to the principle of 10 Rs, consisting of refuse, rethink, reduce, reuse, repair, refurbish, remanufacture, repurpose, recycle, and recover. The concept of circular economy is believed to be essential to achieving the decarbonization goals mandated by the Paris Agreement. With a socio-legal approach, this research examines to what extent Waste Management Law can serve as the basis for implementing a circular economy in municipal areas. This research reveals that the concept of a circular economy has yet to be applied to manage waste in a municipal scope. Circular economy-based smart cities in MSW management can only be achieved through adequate facilities and changes in people’s behaviour. However, it is still questionable whether the Municipal Government is fully obliged to manage household waste because the Waste Management Law is silent on this matter but clearly states the community’s obligation to reduce and handle household waste as a waste producer. The division of waste-handling tasks also exacerbates this in several agencies, which, in practice, creates confusion for society. Hence, legal reforms are needed to reconcile the conflicting problems.
Urgensi Pengaturan Pertanian Perkotaan Berkelanjutan Berbasis Perubahan Iklim Listiningrum, Prischa; Magistra, Muhammad Reza
PROGRESIF: Jurnal Hukum Vol 17 No 2 (2023): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v17i2.4370

Abstract

This paper examines regulations concerning climate change mitigation and adaptation efforts in the agricultural sector. A doctrinal method is applied to unpack the authority of the central and regional governments in realizing sustainable agriculture at the urban level, especially in the city of Blitar, where agriculture has been negatively affected due to the changes in weather. This research found that Indonesia already has Law Number 22 of 2019 concerning the Sustainable Agricultural Cultivation System, which contains 35 provisions mandating further regulations at the regional levels. Nevertheless, not all regions, including the Blitar City, have carried out this mandate.
Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective Pratiwi, Cekli Setya; Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.231 KB) | DOI: 10.56784/hrgs.v1i1.3

Abstract

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands about its effectivity. Referring to Langford, this paper uses critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford counter critiques of Mutua and Posner are significant to mediate the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques because of three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimizing the international human rights law as the most recognized general standard to prevent human rights violation against the abusive power.
Urgency of Online Petition to guarantee the Freedom of Speech and Participate Rights in Government Arrsa, Ria Casmi; Listiningrum, Prischa; Siswanto, Azzahrasya Sophia
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1005.139 KB) | DOI: 10.56784/hrgs.v1i1.5

Abstract

The freedom to express ideas and participate in the government is often manifested through democratic voting or involvement in general elections, but the processes taking place in elections cannot fully ensure that the members of the public can get their rights to the freedom of speech and participation in the government. With doctrinal legal method, this research has found that there seems to be an urgency to initiate an online petition platform in Indonesia as an alternative channel accessible to all the members of the public in order to optimize the exercise of the freedom of speech and equal participation in the government. Online petition systems have been around in Indonesia for quite some time, initiated and managed by change.org as a private organization along with other non-governmental organizations, but the legal loophole regarding online petitions that represent public participation in forming policies has not been capable of guaranteeing the attention or responses from the government over particular issues. In order to gain more perspectives, this article compare the online petition systems in the US and South Korea that were initiated by presidential agencies, and also the online petition in Germany that is under the direct management of the Petition Committee bellow the parliament (Bundestag). Therefore, it is concluded that Indonesian president has the power to rule the government in order to respond the urgency to give protection and fulfill Human Rights, especially freedom of speech and the rights to participate in the government by setting the legal basis.
Regulatory Limits of Empowering Biogas Digester Integrated with Indonesia’s Local Wisdom Listiningrum, Prischa; Maheswara, Ida Bagus Ayodya; Wahyuni, Herlin Sri; Vibhu, Avanish
Lentera Hukum Vol 10 No 2 (2023): Human Rights and Economy in the Global South
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i2.37210

Abstract

This paper analyses the international and domestic regulatory framework for managing waste-to-energy in Indonesia’s rural areas to support climate mitigation. The countryside is known to be the most significant contributor to organic waste due to the high productivity of the agricultural and livestock sectors. In contrast, organic waste is left without proper management and contributes to global greenhouse gas emissions. Indonesia has agreed to contribute to the Paris Agreement to reduce emissions by 29% in 2030 or 41% with international assistance, but its follow-up to switch to renewable energy appears insufficient. This study uses a socio-legal approach to unpack the waste-to-energy problems in one of Indonesia's villages: Tawangsari Village, Pujon District, Malang Regency, East Java Province. The study results reveal that the biogas program launched by the government through the "Program BIRU" was not aligned with local conditions in Tawangsari Village because not all farmer households had sufficient land to build a fixed dome. Thus, it is necessary to build a community-based centralized biogas digester. However, there are no provisions in the regulations governing the mechanism for funding renewable energy development in villages, as mandated by Article 20(2) of the Energy Law. The village can use village funds to carry out development based on local wisdom, but the limited number of village funds causes limited growth. There are no standard rules for bio-slurry processing and maintenance of biogas digesters to ensure the sustainability management of biogas. This paper recommends enacting national and/or domestic regulations to support the energy-independent village program, aligning with the government's commitments to reduce global emissions from the agricultural and waste sectors.Keywords: Climate Mitigation, Energy Transition, Regulations, Small-Scale Biogas.
The Space Between Us: Questioning Multi-Spatial Justice in the Upcoming Indonesia’s Capital Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran; Widiarto, Aan Eko; Susmayanti, Riana; Nurosidah, Sherlita
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.v3i3.169

Abstract

Land is not only defined as an object of ownership by certain community groups, especially indigenous communities. Land has intrinsic value inherent in the way of life and culture, thus affecting the quality of life. This article examines the potential implications of the land acquisiton process in the prospected Nusantara Capital in regards to the fulfillment of the right to an adequate standard of living. It is reviewed by engaging multi-spatial justice within the context of city development and urban transformation with learning lessons from Brasilia and Jakarta. Utilizing a qualitative socio-legal approach, the research employs systematic and structural interpretation of various legal instruments. It incorporates the concept of multi-spatial justice as part of a critical legal geography and urban sociology theory to understand the potential of segregation and gentrification in the Nusantara Capital. The results highlight three key aspects. Firstly, the concept of multi-spatial justice underscores the need to consider diverse spatial entities and their equitable treatment. Secondly, analyzing the State Capital Law reveals both promising and concerning aspects of spatial justice. While it aims to balance development and inclusivity, inconsistencies within the law's provisions raise concerns about potential injustices. Lastly, the study anticipates future inequities between local and urban spatials due to unequal land compensation. These findings emphasize the importance of addressing procedural and substantive fairness in land acquisition, fostering inclusive urban development, and aligning legal instruments with principles of multi-spatial justice.
UNRAVELING THE RIGHT TO LIFE IN CASES OF DEATHS RESULTING FROM THE ACTIONS OF STATE AGENTS UNDER THE SYSTEM OF ECHR Listiningrum, Prischa
Brawijaya Law Journal Vol. 4 No. 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2017.004.01.04

Abstract

it shall be done in a certain threshold of necessity. In particular when the taken of life is done by the agents of states. This article examines the interpretation of article 2 by the European Court of Human Rights, especially when it is read in conjunction with state's positive obligations under article 1. The discussion will proceed in three sections: first, the review of the evolvement of the procedural requirements of article 2 in cases of deaths arising from the acts of state agents. Second, is the examination of whether the procedural requirements of article 2 can be used as a mean in securing the adequate protection of the right to life from arbitrary killing by the use of lethal force. Third, is an analysis of an effective legal system as a procedural requirement of article 2 in the case of homicide caused by the negligence of the authorities. Finally, this essay will conclude by examining the Court's position in its endeavours to achieve an appropriate balance between not over-burdening its Member States and securing the adequate protection of the right to life.
Co-Authors Aan Eko Widiarto Adi Kusumaningrum Al Anwary, Muhammad Anis Zhafran Anwary, Muhammad Anis Zhafran Al Cekli Setya Pratiwi, Cekli Magistra, Muhammad Reza Maheswara, Ida Bagus Ayodya Moh. Dahlan Ria Casmi Arrsa Riana Susmayanti Rizqi Bachtiar Sherlita Nurosidah, Sherlita Siswanto, Azzahrasya Sophia Vibhu, Avanish Wahyuni, Herlin Sri