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All Journal The Indonesian Journal of International Clinical Legal Education Seminar Nasional Hukum Universitas Negeri Semarang Indonesian State Law Review (ISLRev) PATTIMURA Legal Journal Hukum dan Politik dalam Berbagai Perspektif The Indonesian Journal of International Clinical Legal Education Jurnal Hukum Statuta Indonesian State Law Review (ISLRev) Indonesian Journal of Advocacy and Legal Services Semarang State University Undergraduate Law and Society Review
Tri Sulistiyono
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Can the Erga Omnes Principle Revolutionize State Administrative Courts? A Challenge Through Lawrence M. Friedman’s Legal System Theory Mayaka, Raphael Bertrand; Sulistiyono, Tri; Gusthomi, Moh. Imam; Windiahsari, Windiahsari
Indonesian State Law Review Vol. 7 No. 2 (2024): Indonesian State Law Review, October 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v7i2.18870

Abstract

The principle of erga omnes, which signifies obligations binding on all parties, has traditionally been associated with international law and human rights. However, its application within state administrative courts remains an underexplored and provocative area of legal theory. This study delves into whether the erga omnes principle can be adapted to revolutionize Indonesia’s State Administrative Court (PTUN) system, drawing on Lawrence M. Friedman’s Legal System Theory as a framework. Friedman’s theory, which emphasizes the interaction of legal rules, legal culture, and the legal environment, offers an insightful lens to analyze the broader implications of applying erga omnes in the domestic administrative context. The findings suggest that while the erga omnes principle could significantly strengthen the role of state administrative courts in ensuring broader societal justice, its implementation presents notable challenges. These challenges include the difficulty in aligning domestic legal systems with the universal and binding nature of erga omnes, the risk of overwhelming courts with cases that require systemic change, and the potential for conflicting interpretations of the principle's scope. Despite these challenges, the study proposes that strategically applying erga omnes could enhance legal coherence, public trust, and accountability in administrative decision-making. This research challenges conventional thinking by proposing an audacious application of international legal principles to domestic administrative law. It provides fresh insights into how judicial reform could reshape the PTUN system, urging policymakers and legal scholars to rethink the boundaries of state administrative justice in Indonesia.
PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARANG Pratama Herry Herlambang; Tri Sulistiyono; Faridhotun Ridho
Indonesian State Law Review Vol. 3 No. 1 (2020): Indonesian State Law Review, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v3i1.22993

Abstract

The State Administrative Court (PTUN) is a place to find the real truth about the actions of state administrative officials that are not under the General Principles of Good Governance (AAUPB), for people whose interests and rights are taken away by parties who are deemed to be acting arbitrarily against other parties. The decisions that have been produced during the proceedings at the PTUN will undoubtedly have an impact which is expected to make a positive contribution in formulating a system of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.
POLA SANKSI ADMINISTRATIF BAGI PERUSAHAAN PENYEDIA JASA TENAGA KERJA INDONESIA TERHADAP PERLINDUNGAN BURUH MIGRAN INDONESIA DI LUAR NEGERI Tri Sulistiyono; Pratama Herry Herlambang; Masyita Isnadya Risky Salsabila
Indonesian State Law Review Vol. 3 No. 1 (2020): Indonesian State Law Review, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v3i1.22996

Abstract

The same significant risk also overshadows the lure of high wages to be a migrant worker abroad. The number of workers moving from home to foreign countries is increasing. The high risk and high interest cause migrant workers to be vulnerable to being deprived of their rights; therefore, they need to be protected by the state. This study seeks to examine the application of the pattern of sanctions obtained by companies providing labor services as migrant workers and protection for Indonesian migrant workers. The research was conducted using an empirical juridical approach where the reality that occurred in the field was studied and compared with the applicable legal provisions. The aim is to find out the legal protections for migrant workers and the sanctions for Indonesian Manpower Service Providers.
An Employment Law Clinic: Developing of Student's Capacity through Clinical Legal Education in Employment Matters on ASEAN Economic Community Era Tri Sulistiyono; Ridwan Arifin
The Indonesian Journal of International Clinical Legal Education Vol. 1 No. 2 (2019): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i2.36335

Abstract

The legal clinic, a pivotal component of law school programs, offers law students valuable practical experience while providing pro bono legal services to diverse clients. In the context of the ASEAN Economic Community (AEC) Era, the challenges posed to regional communities, especially Indonesia, in navigating a free trade area underscore the importance of legal education in employment law. Given the heightened trade activities, a profound understanding of employment law becomes essential not only for practitioners but also for students and law school graduates. In response to the changing landscape, an employment law clinic emerges as a crucial resource, offering free legal advice on various employment matters to address the escalating drop in claims due to the introduction of employment fees. This service becomes indispensable in mitigating non-litigated violations of employment law resulting from financial barriers. This paper explores three key aspects: first, the role of an employment law clinic in law school legal education as a foundational preparation for the AEC era; second, its utilization by students to enhance their capacity in employment matters; and third, its provision of legal services in the international trade law context, particularly focusing on labor and employment law issues. Emphasizing employment law issues such as illegal pay deductions, employment discrimination, unfair dismissal, zero-hour contracts, and trade union freedom in Southeast Asia, the paper advocates for collaboration between the clinic, companies, governments, practitioners, and lawyers to ensure its effectiveness and relevance.
Co-Authors Aisyah Putri Arsya Andrian, Yasmine Putri Bayangsari Wedhatami Deswinta, Shinta Widi Dwi Pangestu Khoirunisa Faridhotun Ridho Gusthomi, Moh. Imam Iwan Sulistiyo Khoirunisa, Dwi Pangestu Masyita Isnadya Risky Salsabila Mayaka, Raphael Bertrand Pratama Herry Herlambang Ratih Damayanti Ridwan Arifin Sabbichis, Najma Fadhilatul Sabri, Ahmad Zaharuddin Sani Ahmad Safitri, Eka Ayu Salsabila, Masyita Isnadya Risky Suwinda Suwinda Wedhatami, Bayangsari Windiahsari, Windiahsari