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All Journal Legal Opinion AKTUALITA FIAT JUSTISIA: Jurnal Ilmu Hukum Plano Madani : Jurnal Perencanaan Wilayah dan Kota Diponegoro Law Review Sriwijaya Law Review International Journal of Supply Chain Management Pena Justisia: Media Komunikasi dan Kajian Hukum Cepalo Journal Evidence Of Law Indonesia Law Review (ILREV) SASI Tadulako Social Science and Humaniora Journal
Sulbadana Sulbadana
Faculty Of Law Tadulako University, Palu
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The Implementation of Supply Chain Management Over Foreign Workers in Central Sulawesi, Indonesia Lasatu, Asri; Sulbadana, Sulbadana; Surahman, Surahman; Insarullah, Insarullah; Asriyani, Asriyani
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5614

Abstract

Abstract- Global supply chains have become a common way of organizing investment, production and trade in the global economy. In many countries, particularly developing countries, they have created employment and opportunities for economic and social development. During the employment relationship, both the employers and the foreign workers must comply with the norms of employment while the local governments must cooperate with the Immigration Offices to supervise the employment of foreign workers. The purpose of this research was to find out about the implementation of supply chain management over foreign workers. The data was collected through observation, interviews, and literature review. The study was conducted in Palu City, Morowali Regency, and North Morowali Regency. The results showed that the supply chain management of foreign workers in Central Sulawesi Province had not been conducted optimally due to the lack of supervisors. On the other hand, the revocation of supply chain management by the regional government increasingly leads to the implementation of ineffective and inefficient control.
REFORMING THE IDEAL ELECTION LAW THROUGH THE OMNIBUS LAW Bakri, Rahmat; Sulbadana, Sulbadana; Supriyadi, Supriyadi; Purnamasari, Andi Intan
Cepalo Vol 8 No 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no2.3490

Abstract

The Omnibus Law concept consolidates multiple laws into a single legislative framework. In Indonesia, the regulation of elections is currently fragmented across separate laws for different types of elections and related sectoral laws. Consequently, various challenges often hamper its implementation. These challenges can be addressed by Omnibus Law which integrates all election-related laws into one comprehensive Election Law. This juridical-normative research examined this topic through legislative, conceptual, and case methods. The results of the analysis show that the Omnibus Law provides a solution to the overlapping regulations. In this context, Omnibus Law serves as a formal Gesetz within the legislative process and suggests that an ideal electoral system would merge the Election Law with relevant sectoral laws—such as the Population Administration Law, Political Party Law, Mass Organization Law, Administrative Court Law (PTUN), and Constitutional Court Law—into a unified legal framework.
Pembuatan Legal Opinion dalam Penangganan Pelanggaran Administrasi Pemili Tahun 2024 di BAWASLU Supriyadi, Supriyadi; Intan Purnamasari, Andi; Sulbadana, Sulbadana; Kasim, Aminuddin; M Yunus, Nursiah; Awaliyah, Awaliyah
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.480

Abstract

Since the previous election, the issue of electoral violations has become an inevitable problem. Almost every stage of the elections leaves the issue of violations dealt with by the Bawaslu of Parigi Moutong district, which allows them to make legal analysis and legal opinions. Basically, legal opinions are made to solve a particular problem. Clients often raise this problem. Therefore, a Legal Opinion should be made carefully, orderly, and proportionate. Besides, it has to be systematic in order to be understandable. Although there is no standard format for Legal Opinions, a minimum LO consists of: (1) Fact, (2) Issue, (3) Rules, (4) Application, and (5) Conclusion
PRESERVING LAKE POSO THROUGH THE INTEGRATED AND COMPREHENSIVE LEGAL POLICIES Palipadang, Lembang; Sulbadana, Sulbadana; Purnamasari, Andi Intan; Supriyadi, Supriyadi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3704

Abstract

Lake Poso, Indonesia's third-largest lake, faces severe ecological threats that endanger its biodiversity and the livelihoods of local communities. Despite its ecological significance, legal and policy responses remain fragmented, hindering effective conservation. This research employs a normative research method, integrating doctrinal and statutory approaches with qualitative analysis of relevant regulations and scientific literature. Findings highlight critical challenges, including endemic species decline, water quality degradation, climate change impacts, and socio-economic pressures from fisheries decline and unregulated tourism. Governance fragmentation emerges as a central issue, with national laws lacking ecosystem-specific provisions and regional regulations suffering from weak enforcement, limited institutional capacity, and inadequate funding. Drawing on successful conservation models from other Indonesian lakes, this research proposes a framework for integrated legal policies. Key recommendations include watershed management, sustainable fisheries practices, targeted pollution control, climate adaptation measures, and community-based conservation incorporating traditional ecological knowledge. By addressing regulatory gaps and enhancing policy coherence, this research provides a roadmap for Lake Poso’s long-term preservation and sustainable development.
The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation Sulbadana, Sulbadana; Irwansyah, Irwansyah; Tampubolon, Hatta Roma
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1160

Abstract

Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned).  Based on this right, the customary rights of indigenous peoples are basic   rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous   peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.
LEGAL STATUS OF LAND RIGHTS OF THE MINING COMPANIES IN CENTRAL SULAWESI Lanini, Agus; Syafiuddin, Ikhsan; Ali, Agustina; Sulbadana, Sulbadana; Palipadang, Lembang; Artha Perdana, Budi
Tadulako Social Science and Humaniora Journal Vol. 2 No. 1 (2021): Tadulako Social Science and Humaniora Journal
Publisher : LPPM Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/sochum.v2i1.15547

Abstract

This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (hereinafter abbreviated as IUP), after the IUP is issued then a settlement with the party who has land rights in order to obtain approval. Land rights are very important in this regard, so the author is of the opinion that in granting mining business permits, comprehensive and effective consultation and deliberation first need to be carried out, involving communities directly affected by mining business activities, so that land rights are guaranteed optimal
RESTORATIVE JUSTICE IN THE APPLICATION OF CRIMINAL ACTS THROUGH POLICE DISCRETION BASED ON LOCAL WISDOM Sugiharto, Widodo; Yodo, Sutarman; Sulbadana, Sulbadana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4484

Abstract

This research aims to: (1) Understand and analyze the application of Discretion by the Police in resolving criminal acts. (2) Understand and analyze whether Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. (3) Understand and analyze whether Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. This research uses a normative-empirical research type. The use of this research type is based on the formulation of the problem proposed as a logical consequence of the research legal issue in the background of the problem. This research type is used in accordance with the formulation of the proposed problem. Research results: (1) The application of Discretion by the Police in resolving criminal acts. Criminal law enforcement with the authority of Police Discretion, in its implementation prioritizes the Restorative Justice approach, namely the resolution of criminal cases by involving the perpetrator, victim, perpetrator/victim's family and other related parties to jointly resolve fairly by emphasizing restoration to the original state. (2) Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. Discretion based on the Restorative Justice approach is a paradigm that can be used as a framework for handling criminal cases through the conventional criminal justice system in Indonesia. Police Discretion based on Restorative Justice, handling criminal cases based on the National Police Chief Circular Number: SE/8/VII/2018 dated July 27, 2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, which serves as a guideline for Investigators in resolving cases through Restorative Justice at the investigation and investigation level. (3) Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. The revitalization of Local Wisdom is a strategy used to revive community traditions and culture so that they can be used as an alternative by the Police in resolving criminal acts. Through Restorative Justice originating from Police Discretion.
Reconstruction of The Restitution Concept In Handling Corruption Cases Tania, Stenly Christian; Sulbadana, Sulbadana; Syachdin, Syachdin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4875

Abstract

This research focuses on the reconstruction of the concept of restitution in handling corruption cases. restitution sanction is one of the sanctions that only exists in corruption crimes. this sanction has special characteristics in accordance with the spirit of eradicating corruption crimes, namely restoring state losses. the issues raised in this research are about the portrait of the construction of additional criminal sanctions for restitution payments in the Anti- Corruption law and the analysis of the reformulation of criminal sanctions for restitution payments in the Anti-Corruption law as criminal law reform. this research uses the normative legal research method of jurisprudence, with a qualitative approach to concepts, statutes and doctrines. The conclusion of the research is that the imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realize recovery efforts or recovery of state finances caused by criminal acts of corruption, The payment of restitution is imposed on the perpetrator of the crime of corruption in the amount of property obtained from the crime of corruption and the amount of property that has been transferred by the perpetrator to another party where the other party is not prosecuted and does not commit an illegal act of criminal law must still be sanctioned by restitution and the sanctioning of the perpetrator of the crime of corruption must use the classification of the perpetrator in the category of the position being held. In addition, the indictment against the crime of corruption must be accompanied by the formulation of a request for restitution sanctions against the perpetrators of corruption.
Co-Authors Adam Malik Ahmad, Asria Wayuni Ali, Agustina Amar Akbar Ali Aminuddin Kasim Andi Intan Purnamasari Artha Perdana, Budi Asri Lasatu Asriyani, Asriyani Awaliyah, Awaliyah Hamdan, Hendro Haniyatul Husna binti Md Mohtar Hilda Hilda Insarullah, Insarullah Intan Purnamasari, Andi Irwansyah Irwansyah Irwansyah Irwansyah Lanini, Agus Lembang Palipadang M. Yasin Nahar Muhammad Hatta Roma Nursiah Moh. Yunus Rahmat Bakri Rudy Gosal Saharuddin3, Saharuddin Sugiharto, Widodo Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Surahman Surahman Sutarman Yodo Syachdin, Syachdin Syafiuddin, Ikhsan Tampubolon, Hatta Roma Tania, Stenly Christian Widodo Sugiharto Yodo, Sutarman