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JURIDICAL REVIEW OF CHANGES TO THE DECISION OF THE CONSTITUTIONAL COURT IN THE 2024 GENERAL ELECTION CONTESTATION REVIEWED FROM THE PERSPECTIVE OF INDONESIAN CONSTITUTIONAL LAW Agoes Djatmiko; Elisabeth Pudyastiwi; Elly Kristiani Purwendah
Ganesha Law Review Vol. 6 No. 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3411

Abstract

This article aims to analyze changes to the decision of the constitutional court in the 2024 general election contestation from the perspective of Indonesian constitutional law. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that factors that influence changes in the Constitutional Court's decisions will be taken into account, such as legal developments, social changes and political shifts that may occur over time. Through a review of constitutional law, this article will also consider the influence of constitutionalist thinking and human rights principles in the Constitutional Court's decisions regarding elections. This research pays attention to changes in the constitutional interpretation by the Constitutional Court and their impact on the electoral process.
LEGAL REVIEW OF JUSTICE IN OCCUPATIONAL SAFETY AND HEALTH PROTECTION Agoes Djatmiko; Elisabeth Pudyastiwi
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4168

Abstract

This study aims to determine how the implementing legal provisions and utilization of forest land conversion into plantations are oriented towards capitalism. This study uses a normative legal research method with the types of approaches, namely the legislative approach and the conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials, obtained by conducting a literature study. The results of the study indicate that Occupational Safety and Health (OHS) is an integral part of the protection of workers' rights, aims to create a safe and healthy work environment, and prevent work accidents and occupational diseases. In the Indonesian context, OHS is regulated through various legal instruments such as Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, and other derivative regulations that explain the standards and guidelines for the implementation of OHS. In addition, Indonesia has also ratified a number of international conventions from the International Labor Organization (ILO) which emphasize the importance of OHS protection for every worker. However, in its implementation, OHS regulations in Indonesia still face various challenges that lead to injustice in the protection of workers. Workers in the formal sector, especially those working in large companies, tend to get better OSH protection because the companies have sufficient resources to comply with existing regulations. In contrast, workers in the informal sector and small and medium enterprises (SMEs) often face more vulnerable situations, where OSH protection is minimal or even non-existent.
Civil Responsibility Model of Coastal State to Oil Pollution in the Sea as the Impact from the Stipulation of Dumping Area by Tanker Ship Elly Kristiani Purwendah; Agoes Djatmiko; Elisabeth Pudyastiwi
The Indonesian Journal of International Clinical Legal Education Vol. 1 No. 1 (2019): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i1.36331

Abstract

The research findings reveal a pluralistic understanding of dumping within the Indonesian Legal System, evident in various laws, including Law No. 17 of 1985 on the Ratification of UNCLOS, Law No. 32 of 2009 on Environmental Protection and Management, Government Regulation No. 29 of 2014 on the Prevention of Environmental Pollution, Ministerial Regulation No. 136 of 2015 on the Second Amendment to Ministerial Regulation No. 52 of 2011 on Dredging and Reclamation, and Ministerial Decree No. 4 of 2005 on the Prevention of Pollution from Ships. Dumping countermeasures are primarily perceived as acts related to dredging and reclamation, identified as contributors to the silting of shipping channels. Notably, Indonesia has not ratified the London Dumping Convention, and there is a lack of a definitive list specifying wastes requiring special arrangements and absolute prohibition within the coastal states' territories. Consequently, compensation has not been prioritized as a state-led measure for marine environmental protection. The state's responsibility, enforced through the State Attorney, necessitates procedural formalities, including a special power of attorney. Collaborative efforts with relevant institutions, particularly the Ministry of Environment and Forestry, are deemed essential. The current landscape in Indonesia reveals overlapping authorities among agencies, leading to conflicting interpretations of civil lawsuit issues related to environmental damages. The proposed model advocates for centralizing environmental priorities within the Ministry of Environment and Forestry, coordinated through the State Attorney, as a strategic step towards addressing these complex issues.