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All Journal Sriwijaya Law Review Indonesian State Law Review (ISLRev) Aloha International Journal of Multidisciplinary Advancement (AIJMU) PLEDOI (Jurnal Hukum dan Keadilan)
I Gusti Ayu Ketut Rachmi Handayani
Universitas Sebelas Maret
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Discretion of Morality (Pancasila Moral Relations in The Laws of Political Determination) Muhammad Azis Zaelani; I Gusti Ayu Ketut Rachmi Handayani; Isharyanto Isharyanto
Aloha International Journal of Multidisciplinary Advancement (AIJMU) Vol 2, No 1 (2020): January
Publisher : Alliance of Health Activists (AloHA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (89.507 KB) | DOI: 10.33846/aijmu20104

Abstract

This study has purpose to determine the form of Pancasila moral relations as the legal ideology of Indonesia in guarding discretion amid political determination. In this study, the conceptual approach was used as a basis for thinking to guide answe tor the problem which then analyzed using qualitative approach. The results showed that Pancasila as the ideology of Indonesian law is able to guard discretion in the form of moral relations that are reflected in discretion users. The implication, it is necessary to optimize the interpretation of the Pancasila in Law Number 30 of 2014 concerning Government Administration to realize the ideals of justice in the bureaucracy as per the Pancasila insight. Therefore, Pancasila morals can guard the use of discretion in political determination. Keywords: Pancasila; discretion; moral
Legal Policy of Old Wells Petroleum Mining Management Based on Social Justice in Realising Energy Sovereignty Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Willy Naresta Hanum
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1745.pp286-303

Abstract

Indonesia has the potential for oil from old wells of 10,000 barrels per day, but this potential is not optimally regulated. Hence, its management cannot realise social justice. This research aims to provide a prescription for the distribution of benefits and public participation in managing petroleum in old wells because all provisions for old wells do not accommodate the public interest. This research uses normative legal research utilising a statutory, conceptual, and case approach to analyse the regulation policy related to old wells management. Data were collected by investigating primer and seconder legal material. The results show that the distribution of benefits related to profit-sharing for oil management services at old wells did not reflect justice. Thus, it is causing a lot of illegal mining activities. Moreover, public participation in determining policies is still at the pseudo participation (informing level). Therefore the actual participation has not been accommodated in related regulations of old wells management.
Pengaturan Tenaga Kerja Asing Sebagai Instrumen Alih Teknologi dan Pengetahuan Pasca Berlakunya UU No. 11 Tahun 2020 Tentang Cipta Kerja Eka Rismawati; Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.197

Abstract

The regulation of using foreign employees as a tool for technology and knowledge transfer, roadblocks that arise while implementing technology and knowledge transfer, and government initiatives to promote the quickening of technology and knowledge transfer are all examined in this study. This study is a normative legal investigation. Legal main and secondary sources are examples of primary data. The method for gathering data was a literature review, which involved reading books, looking over rules and regulations, and looking over other relevant research findings. The findings of this study suggest that Indonesia's laws governing the employment of foreign workers have not explicitly restricted the means through which technology can be transferred through foreign workers.
Analisa Kebijakan Peraturan Perundang-Undangan Kawasan Tanpa Rokok di Masjid Al-Ikhlas Jebres Surakarta Noventasya Nidya Megasafitri; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.214

Abstract

Smoking is still a problem in Indonesia to fulfill the human rights of the Indonesian people in the form of a healthy and clean environment. As a form of the seriousness of the Surakarta City government to answer environmental and health problems caused by smoking, the Surakarta City government issued Regional Regulation Number 9 of 2019 concerning Smokefree Areas. The regulation states that there are 7 (seven) places that are included in the category of Non-Smoking Areas, and one of them is a place of worship. Al-Ikhlas Mosque Jebres Surakarta is one of the non-smoking areas in the form of Muslim places of worship in the city of Surakarta. The purpose of writing this article is to find out the implementation of the non-smoking area policy at the Al-Ikhlas Jebres Surakarta Mosque. The research method used is descriptive normative -doctrinal legal research.  The data used are primary legal materials, and secondary legal materials using analysis techniques in the form of the syllogism deduction method. The results showed that the implementation of the no-smoking area at the Al-Ikhlas Mosque in Jebres Surakarta has not been running as it should and the local regulations regarding the No-Smoking Area have not been able to function as an instrument to minimize violations of the smoking ban at the Al-Ikhlas Mosque in Surakarta. Therefore, the results of this study will provide input to the Surakarta city government as a policy maker to improve the Surakarta City Regional Regulation Number 9 of 2019 concerning Smokefree Areas so that the regional regulation can become an instrument in minimizing violations of the smoking ban at the Al-Ikhlas Surakarta Mosque.
Application of Strict Liability by Companies in the Context of Environmental Conservation in Indonesia Muhammad Ainurrasyid Al Fikri; Fatma Ulfatun Najicha; I Gusti Ayu Ketut Rachmi Handayani
Indonesian State Law Review (ISLRev) Vol 5 No 1 (2022): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i1.46522

Abstract

Strict liability is absolute responsibility imposed on perpetrators of environmental violations that result in losses to both the environment and the community around the environment. The research used in this paper is juridical normative and uses a statutory approach, a conceptual approach and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia.
Co-Authors Eka Rismawati Fatma Ulfatun Najicha Isharyanto Isharyanto Lego Karjoko Muhammad Ainurrasyid Al Fikri Muhammad Aziz Zaelani Noventasya Nidya Megasafitri Willy Naresta Hanum