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Telaah Implikasi Pembedaan Status Kepegawaian PPPK dan Pemenuhan HAM dalam Payung Hukum PPPK di Indonesia Salwa Husna Sekai Suryawi; Waluyo Waluyo; Asianto Nugroho
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.v2i2.230

Abstract

This research is based on the presence of Government Employees with Work Agreements (PPPK) in the horizon of the civil service, who are one of the civil servants besides the State Civil Servants (PNS). PPPK holds the same position as PNS, but in terms of employment status, PPPK has a different employment status. This distinction in work status has effects on everything from the length of the employment contract to the fulfillment of human rights obligations, which are different from other civil servants as stated in the regulatory framework related to PPPK in Indonesia. This research aims to identify any regulations related to PPPK that identify status and positional differentiation, which would have negative effects on PPPK, as well as to ascertain whether Indonesian regulations or legal frameworks pertaining to PPPK are consistent with the principles of human rights. This study is a normative research using statute and conceptual approaches related to PPPK regulations, as well as the theory of legal certainty by Gustav Radbruch, and examines several legal sources. Therefore, the discussion and research results will focus more on the differences in employment status and the fulfillment of rights for PPPK within the legal framework governing PPPK in Indonesia.
Efektivitas Pelaksanaan Pengawasan Oleh Dinas Lingkungan Hidup (DLH) Kabupaten Boyolali Terhadap Industri Berisiko Tinggi Riyadi Riyadi; Waluyo Waluyo; Rosita Candrakirana
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1768

Abstract

Supervision is one of the systematic activities of environmental management. In the latest provision, environmental management supervision is regulated in the Ciptaker Law and several government regulations regarding risk-based business licensing. This also has implications for environmental management efforts in businesses and / or industrial activities, especially those with a high level of risk, which requires environmental approval as one of the components of the permit. Based on this, the formulation in this study is how effective the implementation of DLH supervision on industries that have a high level of risk in Boyolali Regency. This Legal Research uses empirical methods with a descriptive approach and data collection techniques with interviews. Based on the results of the study, it was found that many high-level industries in Boyolali Regency do not yet have an AMDAL as an environmental approval document as stipulated in laws and regulations. Of course, this is a problem because it is contrary to laws and regulations which are also a benchmark for the lack of effective supervision carried out by DLH. The lack of effective supervision by DLH is due to several inhibiting factors such as the lack of PPLHD and the lack of compliance of those in charge of industrial activities. However, in addition to these obstacles, several efforts have also been made to improve the effectiveness of supervision.
Pengaturan Pelaksanaan Putusan Ajudikasi Non-Litigasi Sengketa Informasi Publik Oleh Komisi Informasi Provinsi Jawa Tengah Devanno Arya Candra; Waluyo Waluyo; Abdul Kadir Jaelani
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.157

Abstract

This research aims to examine the problems, First see whether the implementation of non-litigation adjudication decisions on public information disputes in Central Java Province has been implemented.Second,what are the obstacles and efforts made in fulfilling the right to information in order to achieve the mandate of the 1945 Constitution Article 28F. This research is empirical legal research with a qualitative approach. Types and sources of data include primary data and secondary data. The data collection technique used was interviews with the Commissioner of the Central Information Commission and the Assistant Commissioner of the Central Java Province Information Commission, then the data analysis technique used was qualitative. The research results show thatFirst,non-litigation adjudication decisions have not been implemented due to several factors, namely the weakness of the trial procedural law regulated in the Information Commission Regulation (PERKI), the absence of authority given to the Information Commission in overseeing decisions, and the independence of the Information Commission which is still very dependent on each commissioner. The obstacles that exist at the Central Java KIP in implementing non-litigation adjudication decisions, namely the legal substance related to the weakness of the PERKI as well as the urgency of revising the KIP Law in safeguarding community dynamism, the legal structure related to the limited budget owned by the Central Java KIP and the limited number of Information Commission employees who do not followed by an increase in quality, as well as community culture regarding the number of applicants who are not serious.