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Non-compliance with the Constitutional Court's Decision from the Perspective of Constitutional Law Narwoko; Rifqi Ridlo Phahlevy; Abdul Fatah
Academia Open Vol 6 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (47.483 KB) | DOI: 10.21070/acopen.6.2022.677

Abstract

This study aims to determine the forms of non-compliance with the Constitutional Court Decision regarding Manpower and to find a constitutional solution to the problem of non-compliance with the Constitutional Court Decision regarding Manpower.This research is a juridicial normative study using a statutory, case, and conseptual approach.Using legal materials in the form of a Constitutional Court Decision related to Manpower.From the research results, it can be concluded that the Constitutional Court Decision regarding Manpower are not obeyed by the adressats. Various forms of non-compliance with the Constitutional Court Decision regarding Manpower-related Laws were not followed up and partially fulfilled in the form of government policies such as the Regulation of Minister of Manpower, Circular of the Minister of Manpower. Some laws are in the legislative process. The constitutional solution that has the potential to realized for non-compliance with the Constitutional Court Decision is the implementation of the concept of judicial order, judicial defferal, and imposition of sanctions.
Normative Study on Environmental Impact and Hazardous Waste Management in Mojokerto Region Wahyu Jeffry Purwanto; Abdul Fatah
Indonesian Journal of Law and Economics Review Vol 10 (2021): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (22.549 KB) | DOI: 10.21070/ijler.2021.V10.696

Abstract

This study aims to describe the impact of environmental pollution, the causes of rejection from the Medali village community, and to evaluate the pollution violations in terms of environmental law. Furthermore, an analysis of the handling of pollution, the impact on the environment, an assessment of the location of the factory was conducted to criticize the existence of a rubber factory. This thesis research uses Law Number 32 Year 2009 concerning Environmental Protection and Management including handling and overcoming the risk of environmental pollution. This study uses the socio-legal method, using primary data and secondary data which are then analyzed using the juridical-empirical writing type specification, field observation data collection, interviews, and literature study. The results show, in the implementation of waste management by PT Bumi Nusa Makmur there is a mismatch with the proper standard of waste disposal, a violation of the establishment and expansion of company land, as well as environmental impacts in the form of environmental pollution related to air and liquid waste which affects the environment and communities around Medali village