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Journal : Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

PEMENUHAN GANTI RUGI DAN/ATAU MELAKUKAN TINDAKAN TERTENTU ATAS KERUSAKAN LINGKUNGAN HIDUP OLEH PT. GREENFIELDS FARM 2 BLITAR Ramadhan Kahfi Fahlafi; Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.230

Abstract

A healthy environment is a human right that is guaranteed by the 1945 Constitution of the Republic of Indonesia. Law of the Republic of Indonesia Number 32 of 2009 concerning the Protection and Management of the Environment gives the government and/or local government, communities and environmental organizations the right to file a claim for compensation. losses from pollution and/or environmental damage. This is in accordance with the principles of environmental law, namely the polluter pays principle. This study aims to find out how to fulfill compensation and/or take certain actions for environmental damage by PT. Greenfields Farm 2 Blitar and what are the inhibiting factors in fulfilling compensation and/or taking certain actions by PT. Greenfields Farm 2 Blitar. This study uses empirical juridical research methods. Data collection was carried out by means of literature studies and interviews. Data analysis was carried out using descriptive analytical methods and using a qualitative approach. The results of the study show that there is a reference in calculating the amount of compensation that can only be determined by an expert on the basis of the Minister of Environment Regulation Number 7 of 2014 concerning Environmental Losses Due to Pollution and/or Environmental Damage. In fulfilling compensation and/or taking certain actions there are 3 (three) inhibiting factors in fulfilling compensation for environmental pollution and/or damage, namely legal factors such as the absence of a clear legal basis to calculate the valuation of compensation for the community due to environmental damage, law enforcement factors such as the absence of a deterrent effect in imposing administrative sanctions, and societal factors such as a lack of awareness of the importance of the environment
IMPLEMENTASI PERLINDUNGAN HUKUM ATAS KESELAMATAN KERJA PADA PERUSAHAAN JASA KONSTRUKSI (STUDI DI PT. SASMITO) Rony Hartanto; Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.298

Abstract

Occupational safety is the rights of citizens based on article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Based on the Manpower Law, workers/laborers have the right to occupational protection and safety. This research is to find out how the implementation of legal protection for work safety in the construction service company PT Sasmito. This study uses empirical juridical research methods. Collecting data by means of interviews and literature study, using descriptive analytical methods and using a qualitative approach. Research results in the form of PT. Sasmito in protecting work safety, namely forming policies in the form of OSH planning, implementing OSH plans, monitoring and evaluating OSH work, reviewing and improving SMK3 performance, PT. Sasmito also participated in the workers' social security program. PT. Sasmito applies OHSAS 18001:2015 certification, conducts investigations, makes efforts related to victims, and performs managing control. PT. Sasmito experienced obstacles which were obstacles such as obstacles in protecting work safety due to low awareness of workers and the many laws and regulations related to K3, then when a work accident occurred in the form of a lack of supporting tools etc. and after a work accident, namely loss of workers and a limit on BPJS. From these various obstacles PT. Sasmito made an effort by conducting K3 socialization and imposing fines on workers who did not comply with PT. Sasmito
ANALISIS PUTUSAN PENGADILAN ATAS PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN AGAMA SURABAYA : Studi Putusan Nomor 2469/Pdt.G/2022/PA.Sby Raffly Fadilla; Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.317

Abstract

A good judgement is the one that conforms to the applicable rules. The analysis of the court’s judgement regarding the granting of polygamy permit aims to examine and analyze the legal and social aspects of the judgement, as well as the legal considerations used by the Panel of Judges. This research employs a normative legal research method that relies on the study of legal literature and interviews as supporting data. The approach used in this study is a case approach based on primary, secondary, and tertiary legal materials. The results of this research indicate that the Panel of Judges considers both legal and humanitarian aspects in their judgements. Furthermore, the polygamy permit application with Case Number 2469/Pdt.G/2022/PA.Sby, although meets the requirement for polygamy permits under both civil and Islamic law, is deemed incompatible with humanitarian values due to the applicant’s income, which is not considered sufficient for practicing polygamy