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All Journal Jurnal Hukum Lex Generalis
Juan Maulana Alfedo
Fakultas Hukum Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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Supervision Mining System : Rekonstruksi Pengawasan Sektor Hulu Minyak dan Gas Bumi yang Berkeadilan Sosial di Indonesia Nabila Aulia Rahma; Juan Maulana Alfedo; Liavita Rahmawati
Jurnal Hukum Lex Generalis Vol 2 No 11 (2021): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v2i11.161

Abstract

The principle of people's welfare is implied in the fifth precept of Pancasila which reads "social justice for all Indonesian people". Pancasila is the philosophy of the state (Philosofische Gronslag) and a state policy that contains fundamental values that are the basis for the achievement of the Indonesian state. The state ideal contained in the preamble of the 1945 NRI Constitution shows the characteristics of the welfare state (Welfare State) that mandates the State to be responsible for the welfare of the people. This is confirmed in Article 33 of the 1945 NRI Constitution that the earth's water and natural wealth in it are controlled by the State and used as much as possible for the welfare of the people. The article then becomes a constitutional foundation as well as the direction of arrangements in the management of natural resources based on social justice to provide real added value to the national economy. As well as Oil and Gas (Migas) is a strategic natural resource as well as a vital commodity that controls the lives of many people and has an important role in the national economy so that its managers must provide prosperity and welfare of the people. One of the upstream oil and gas business activities that have an important role as a driver of the national economy is the upstream oil and gas sector. The upstream oil and gas sector will provide significant benefits if managed and supervised properly. In order to carry out these supervisions, the government established the Oil and Gas Implementing Agency (BP Migas) as the power holder of the upstream oil and gas sector. But after the issuance of the Constitutional Court decision No. 36 / PUU-X / 2012, BP Migas was dissolved because it was considered unconstitutional. As a result of the law in 2013, the Government established SKK Migas to carry out upstream management of Oil and Gas. But the existence of SKK Migas in practice does not guarantee the creation of more effective upstream oil and gas supervision. The disproportionate soaring cost recovery shows the weakness of SKK Migas in conducting supervision and control of the upstream oil and gas sector. Therefore, an effective supervision system is needed to increase the productivity of the upstream oil and gas sector and national welfare. Based on these problems, the author initiated a supervision mining system which is a new model of supervision that is ideal to accommodate the implementation of upstream oil and gas business activities based on the value of social justice.
Analisis Kasus Penyebaran Berita Bohong Terkait Covid-19 di Sumatera Selatan dalam Perspektif Hukum Pidana Juan Maulana Alfedo
Jurnal Hukum Lex Generalis Vol 1 No 4 (2020): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

Advances in technology and information in the modern era have had complex implications in people's lives. In addition to providing ease in accessing information, on the one hand, it also brings negative impacts that can harm individuals, communities, and countries. One of the negative impacts caused is the misuse of electronic media as a means to spread fake news (Hoax). Fake news (Hoax) is an attempt to deceive or outsmart the reader or listener to believe fake news. According to data from the Ministry of Communication and Informatics throughout April 2019, there were 486 cases of hoaxes in Indonesia. One of the cases of fake news (Hoax) that has occurred is the spread of fake news (Hoax) related to Covid-19 in South Sumatra carried out by civil servants (PNS) in one of the Health Centers through posts on social media. As a result of the spread of fake news (Hoax) causes the surrounding community to worry and fear, considering that Covid-19 is a type of virus that has infectious and dangerous properties. In view of the perspective of criminal law, the spread of fake news (Hoax) is one form of criminal acts where the perpetrator can be charged with criminal sanctions in accordance with applicable laws and regulations, namely the Criminal Code (Criminal Code) and Law No. 11 of 2008 Jo. Law No. 19 of 2016 concerning Information and Electronic Transactions.
Re-Tax (Restaurant Waste Tax): Pemberlakuan Pajak untuk Menekan Dampak Limbah Restoran Demi Terwujudnya Indonesia sebagai Poros Kelestarian Lingkungan Dunia Juan Maulana Alfedo; Emilda Yofita; Laras Ayu Lintang Sari
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

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Abstract

Waste is a serious problem that occurs in various countries, especially in Indonesia. One of them is Restaurant Waste which can be categorized as organic waste and domestic liquid waste. Restaurant waste that is not processed properly can be one of the factors of environmental pollution. Moreover, in 2030 with the main problem is the increase in population in urban areas, changes in people's consumption patterns, the entry of restaurants that provide various fast food will be more concerning if not addressed immediately. Improper management of restaurant waste can cause problems, namely polluted air in the environment around the restaurant, disease nests, environmental pollution and blockage of waterways. Some of the data obtained from the Ministry of Agriculture in 2017 is the total amount of waste produced in Indonesia amounted to 187.2 million tons per year, while for Restaurant Waste 16.7 million tons per year or equivalent to 44.5%. From this, the author provides a solution in the form of the enactment of a waste tax (Re-Tax: Restaurant Waste Tax) to reduce the impact of Restaurant Waste for the realization of Indonesia as the axis of world environmental sustainability. The system that will be applied is to use maximum waste data as a basis for tax enforcement. With systematics in accordance with Law No. 42 of 2009, which is taken 10% of sales. The author uses juridical-normative writing methods, with a statutory and conceptual approach. In providing the solution is expected to be able to achieve the goal of overcoming environmental damage due to Restaurant Wastes that have not been processed, reducing the number of restaurant waste disposals, maintaining environmental sustainability and increasing local government revenue through tax enforcement.
Co-Authors Emilda Yofita Laras Ayu Lintang Sari Liavita Rahmawati Nabila Aulia Rahma