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All Journal Refleksi Hukum: Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities
Theofransus Litaay
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGATURAN PENGADAAN BARANG/JASA PEMERINTAH DENGAN UNDANG-UNDANG: PRESIDENTIAL REGULATION OR ACT? Sri Agung Baskoro; Umbu Rauta; Theofransus Litaay
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2024): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2024.v9.i1.p21-40

Abstract

This article aims to discuss the issue of the appropriate form of legal product for regulating government procurement of goods/services. The existing legal product is the Presidential Regulation, in this case, Presidential Regulation Number 16 of 2018. Considering the material content covered by the Presidential Regulation, this article proposes that regulating government procurement of goods/services should be an Act because there is no explicit delegation from the Act that orders government procurement of goods/services to be regulated by Presidential Regulation. Presidential Regulation Number 16 of 2018 uses an implicit delegation technique that is strengthened by the function of the Presidential Regulation as a legal instrument in exercising the executive power of the President, according to Act Number 12 of 2011. Such an approach is inappropriate because implicit delegation is not law. Furthermore, the Presidential Regulation also contains material content in the form of sanctions. Therefore, the ideal form of legal product for regulating government procurement of goods/services is an Act.
Theory of Justice’s Principles For A Just and Equitable Global Order Theofransus Litaay
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2548

Abstract

This article is part of a literature research in the field of international legal philosophy, which aims to discuss the application of John Rawls' thought in the context of international law. The presentation begins by describing the meaning of justice as a moral and ethical concept according to philosophers and John Rawls' position in it. The discussion is carried out on Rawls's ‘A Theory of Justice’, followed by ‘The Law of Peoples’ and its relation to international law. The essence of this article is to discuss justice (in Rawls' perspective) as a key principle in international law to create a just global order. The author explores Rawls' views on justice, peace, and governance. Rawls' theory of justice as fairness provides a valuable lens to analyse global issues. Rawls argues that just institutions should be based on principles that promote peace, stability, and the well-being of all nations. By adhering to these principles, international law can promote a more just and equitable global order.
Theory of Justice’s Principles For A Just and Equitable Global Order Theofransus Litaay
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2548

Abstract

This article is part of a literature research in the field of international legal philosophy, which aims to discuss the application of John Rawls' thought in the context of international law. The presentation begins by describing the meaning of justice as a moral and ethical concept according to philosophers and John Rawls' position in it. The discussion is carried out on Rawls's ‘A Theory of Justice’, followed by ‘The Law of Peoples’ and its relation to international law. The essence of this article is to discuss justice (in Rawls' perspective) as a key principle in international law to create a just global order. The author explores Rawls' views on justice, peace, and governance. Rawls' theory of justice as fairness provides a valuable lens to analyse global issues. Rawls argues that just institutions should be based on principles that promote peace, stability, and the well-being of all nations. By adhering to these principles, international law can promote a more just and equitable global order.
Co-Authors Sri Agung Baskoro Umbu Rauta