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Protection of Tree Functions Along Roads in Sidoarjo: Pelindungan Fungsi Pohon di Sepanjang Jalan di Sidoarjo Prasetyo, Andika Bujang; Phahlevy, Rifqi Ridlo
Indonesian Journal of Law and Economics Review Vol. 20 No. 2 (2025): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i2.1377

Abstract

General Background: Trees play a vital role in maintaining environmental balance, particularly along roadways, contributing to ecological stability and human well-being. Specific Background: In Sidoarjo, tree protection policies are implemented by the Environmental Service to regulate business activities, yet challenges remain in enforcement. Knowledge Gap: Despite existing regulations, including Regent Regulation No. 29 of 2018, the protection of tree functions has not been fully effective, highlighting gaps between national law, local regulations, and practical implementation. Aims: This study aims to examine the legal protection of tree functions in Sidoarjo and assess regulatory implementation. Results: Findings indicate that while national and local regulations, such as UU No. 32/2009 and Perda No. 8/2013, provide a legal basis, the execution of tree protection policies remains suboptimal due to overly comprehensive local regulations that dilute enforcement strength. Novelty: The study integrates normative juridical analysis with local policy evaluation, providing a critical perspective on the alignment of environmental protection laws with administrative practice. Implications: Strengthening regulatory coherence and enforcement mechanisms is essential to ensure sustainable urban environmental management and fulfillment of citizens’ rights to a healthy environment. Highlights: National and local laws provide a strong legal basis for tree protection. Enforcement of tree protection in Sidoarjo is not yet optimal. Overly comprehensive local regulations reduce practical enforcement strength. Keywords: Tree Protection, Environmental Functions, Sidoarjo, Legal Regulation, Roadways
Legal Analysis of Public Prohibition on Railway Tracks in Indonesia: Analisis Hukum Larangan Umum di Rel Kereta Api di Indonesia Sari, Ana Firda; Phahlevy, Rifqi Ridlo
Indonesian Journal of Law and Economics Review Vol. 20 No. 2 (2025): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i2.1380

Abstract

General Background: The railway system serves as a vital component of public transportation supporting human mobility and logistics. Specific Background: However, persistent violations of the prohibition against being on railway tracks remain a serious safety issue in Indonesia, particularly in suburban and rural regions. Knowledge Gap: Despite the existence of Law Number 23 of 2007 concerning Railways, limited studies have examined the law’s juridical interpretation and its uneven enforcement between urban and rural areas. Aims: This study aims to analyze the legal basis, enforcement barriers, and implementation differences regarding the prohibition of being on railway tracks. Results: Findings reveal that enforcement is more consistent in urban settings due to stronger supervision and infrastructure, while rural areas face challenges stemming from weak law enforcement, poor coordination, and low legal awareness. Novelty: This research provides a juridical and comparative insight into the disparities in legal application across regions. Implications: Strengthening safety infrastructure, community legal education, and interagency coordination are essential to achieve legal compliance and public safety in railway operations. Highlights: Law enforcement is stronger in urban areas than in rural ones. Legal awareness and safety infrastructure remain key challenges. Coordination among authorities is vital for public railway safety. Keywords: Railway Law, Legal Prohibition, Public Safety, Law Enforcement, Indonesia
SEMA Number 3 of 2023 and Divorce Regulation in Sidoarjo Court: Nomor SEMA 3 Tahun 2023 dan Peraturan Perceraian di Pengadilan Sidoarjo Taqi, Shofi Mauline Athaliah; Phahlevy, Rifqi Ridlo
Indonesian Journal of Islamic Studies Vol. 13 No. 3 (2025): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijis.v13i3.1820

Abstract

General Background: Divorce rates in Indonesia have shown a consistent increase, prompting the Supreme Court to issue various regulations aimed at maintaining marital harmony. Specific Background: One of these efforts is Supreme Court Circular Letter (SEMA) No. 3 of 2023, which introduces a six-month separation requirement before divorce can be granted in Religious Courts. Knowledge Gap: Despite its legal intent, limited empirical evidence exists on how this regulation affects divorce dynamics at the local court level. Aims: This study investigates the implementation of SEMA No. 3 of 2023 and its practical role in reducing divorce cases at the Sidoarjo Religious Court. Results: Findings reveal that while the policy initially reduced divorce numbers in 2023, the effect was temporary, with cases increasing again in subsequent years due to its non-binding nature. Novelty: The research offers a contextual empirical analysis of SEMA’s role within Indonesia’s Islamic judicial system. Implications: Strengthening the juridical framework and integrating social counseling mechanisms are crucial for ensuring the sustainability of family law reforms in Islamic courts.Highlights: SEMA functions as an internal legal guideline, not binding law. Its temporary effect underscores the need for legal reinforcement. Integration with counseling programs can enhance long-term outcomes. Keywords: SEMA No. 3 of 2023, Divorce, Religious Court, Legal Policy, Islamic Law
The Indonesian Government's Liability Against Forest Fires That Caused Losses to Malaysia : Tanggung Gugat Pemerintah Indonesia Terhadap Kebakaran Hutan yang Mengakibatkan Kerugian Bagi Malaysia Habibulloh, Rizal Bagus; Phahlevy, Rifqi Ridlo
Rechtsidee Vol. 9 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2021.9.747

Abstract

This study aims to describe the form of Indonesia's accountability to countries that are directly affected by the haze caused by Indonesian forest fires according to the ASEAN Agreement on Transboundary Haze Pollution rules. This research is intended only for written legislation (law in books) and other legal materials. In normative research, the author will use doctrinal research methods that refer to legislation (statute approach) and a comparative approach (comparative approach). The results of this study indicate that Indonesia's accountability for cross-border smoke haze pollution due to forest fires is stipulated in Article 3 of the ASEAN Agreement on Transboundary Haze Pollution. Furthermore, the rights of countries affected by transboundary haze due to forest fires are regulated in Article 16 of the ASEAN Agreement on Transboundary Haze Pollution which states to increase preparedness and minimize risks to human health and the environment.
Release of Prisoners During the Covid-19 Pandemic In Perspective of Decree of the Minister of Law and Human Rights Number 10 of 2020: Pembebasan Narapidana Dalam Masa Pandemi Covid-19 Dalam Persepektif Keputusan Menteri Hukum Dan Hak Asasi Manusia Nomor 10 Tahun 2020 Imam, Syafarul; Phahlevy, Rifqi Ridlo
Indonesian Journal of Law and Economics Review Vol. 12 (2021): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1627.028 KB) | DOI: 10.21070/ijler.v12i0.731

Abstract

This study aims to determine and examine the juridical basis and the process of implementing assimilation during the COVID-19 pandemic. The research method used by the author is normative juridical using a statutory approach or better known as a statute approach and a conceptual approach. The conclusion of this study explains that the Decree of the Minister of Law and Human Rights Number 10 of 2020 is a lex specialist or special rule of Law Number 12 of 1995 which is a lex generalis or general rule where the Decree of the Minister of Law and Human Rights No. 10 of 2020 as lex specialists or special rules only apply to the emergency situation of the covid-19 pandemic on the basis of tackling the prevention of the spread of the covid-19 virus. Decree of the Minister of Law and Human Rights No. 10 of 2020 is a special policy that has positive and negative impacts. The positive impact of this decision is that it can reduce the number of inmates in correctional facilities as a form of preventing the spread of the covid-19 virus, while the negative impact of this decision is that the process of assimilation carried out at home results in the repetition of criminal acts by inmates who received an assimilation program during the COVID-19 pandemic. so that the role of supervisors is expected to work well and maximally to minimize the occurrence of criminal acts again committed by prisoners who receive an assimilation program during the covid 19 pandemic.
Legal Protection for Transfer Company Employees after Law Number 11 Year 2020: Perlindungan Hukum Bagi Karyawan Perusahaan Alihdaya Pasca Disahkannya Undang-Undang Nomer 11 Tahun 2020 Asnawi, Minan Zuhri; Phahlevy, Rifqi Ridlo
Indonesian Journal of Law and Economics Review Vol. 13 (2021): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1211.205 KB) | DOI: 10.21070/ijler.v13i0.736

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Legal protection includes a series of legal actions that must be taken by law enforcement officers to ensure a sense of security, both mental and physical, from interference and threats from outside. To answer the problems above, the researcher uses normative research methods. The approach method used in this research is to assess the legal relationship between outsourced workers and employers based on Law no. 13 of 2003 and its implementing regulations. Researchers take a normative legal approach. The rules of Law 13 of 2003 as amended by Law 11 of 2020, regarding the employment relationship between outsourcing entrepreneurs and workers are not limited, as long as it is stated in the PKWT and PKWTT agreements. Article 61 a between articles 61 and 62 If the PKWT is terminated, the employer is obliged to provide compensation to the workers. This compensation is equivalent to severance pay for permanent employees if there is a concept that the company is obliged to pay compensation to its employees; however, this is a new provision that was not regulated in the previous Manpower Act.
Sanctions for Rejection of Covid-19 Vaccines seen from the Perspective of the Human Rights Act and the Health Quarantine Act: Sanksi Penolakan Vaksin Covid-19 dilihat dari Perspektif Undang-Undang Hak Asasi Manusia(HAM) dan Undang-Undang Kekarantinaan Kesehatan Mawa, Damai Yanti Zulfatal; Mediawati, Noor Fatimah; Phahlevy, Rifqi Ridlo; Rosnawati, Emy
Indonesian Journal of Law and Economics Review Vol. 17 (2022): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1488.46 KB) | DOI: 10.21070/ijler.v15i0.772

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Presidential Regulation Number 99 of 2020 concerning Vaccine Procurement and Vaccination Implementation in the Context of Combating the 2019 Corona Virus Disease (COVID-19) Pandemic. The method used is normative using a statute approach, which is carried out by reviewing all laws and regulations related to this research. Collecting data from this study through primary legal materials consisting of legislation, official records or minutes in the making of legislation and judges' decisions. Meanwhile, secondary legal materials are in the form of textbooks, legal dictionaries, legal journals, and comments on court decisions. Is the refusal of a Covid-19 vaccine a violation of human rights law? And is refusing the Covid-19 vaccine a violation of the Health Quarantine Act? From this study, it can be concluded that the application of sanctions for the rejection of the COVID-19 vaccine is a form of legal protection for the community, as a form of effort to prevent the spread of the corona virus. Where the government has an obligation to protect the public from the risk of transmission of the covid-19 disease outbreak. Keywords - rejection sanctions, covid-19 vaccine, protection.
Evaluating Legal Protections for Pedestrians and Infrastructure in Indonesia.: Mengevaluasi Perlindungan Hukum bagi Pejalan Kaki dan Infrastruktur di Indonesia. Firmansyah, Febrian Dwi; Phahlevy, Rifqi Ridlo
Indonesian Journal of Law and Economics Review Vol. 19 No. 3 (2024): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i3.1198

Abstract

Abstract: The term "pedestrian" refers to individuals utilizing designated areas for walking, which is an essential form of transportation. Despite the provisions outlined in Law 22 of 2009 regarding pedestrian rights, many facilities remain underdeveloped, reflecting a governmental focus on motorized transport. Specific Background: Law 2 of 2022 aims to enhance road infrastructure and legal protections for pedestrians in Indonesia. This study examines the effectiveness of these laws in safeguarding pedestrian rights amidst ongoing urban development. Knowledge Gap: The current regulatory frameworks lack sufficient enforcement mechanisms and public awareness regarding pedestrian rights, particularly concerning safety and infrastructure availability. Aims: This research employs a statutory approach and sociological interviews to analyze existing pedestrian regulations and infrastructure conditions in Sidoarjo, Indonesia. Results: The findings indicate that while there has been substantial progress in constructing sidewalks and enhancing infrastructure, pedestrian rights are still inadequately addressed, particularly for individuals with disabilities. Novelty: This study uniquely combines legal analysis with primary data collection to highlight the real-world implications of legislative changes on pedestrian safety and rights. Implications: The insights gained emphasize the need for increased governmental attention to pedestrian infrastructure and awareness campaigns to educate the public about their rights. This research serves as a foundation for further studies aimed at improving urban pedestrian conditions and informs policymakers on effective implementation of Law 2 of 2022 to enhance the quality of life in urban areas. Highlights: Enhanced Protections: Law 2 of 2022 strengthens pedestrian rights in Indonesia. Infrastructure Growth: Improved sidewalks and pedestrian facilities in urban areas. Knowledge Deficits: Public awareness of pedestrian rights needs significant improvement. Keywords: Pedestrian Rights, Road Law, Infrastructure, Safety, Urban Development
Modern Retail Regulations in Sidoarjo Regency after the issuance of Sidoarjo Regional Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency: Peraturan Ritel Modern di Kabupaten Sidoarjo Pasca Diterbitkannya Peraturan Daerah Sidoarjo Nomor 10 Tahun 2019 Tentang Penataan Toko Swalayan Di Kabupaten Sidoarjo Pratama, Candra Surya; Mediawati, Noor Fatimah; Purwaningsih, Sri Budi; Phahlevy, Rifqi Ridlo
Indonesian Journal of Public Policy Review Vol. 10 (2020): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v10i0.1161

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Modern retail is a business channel selling consumer goods directly and indirectly with the fastest growth for consumer goods companies in Indonesia. With the rapid growth of the modern retail business in the Sidoarjo area, it is enough to cover the existence of traditional retail in the vicinity. After the enactment of the Sidoarjo Regency Regulation Number 10 of 2019 concerning Supermarket Arrangement in Sidoarjo Regency, can the regulation provide protection and maintain the consistency of the existence of traditional retail amidst the proliferation of modern retail. The research uses normative research based on the legal approach. With the changes in the Regional Regulation of Sidoarjo Regency Number 10 of 2019 concerning Arrangement of Supermarkets in Sidoarjo Regency from the previous regulation, Regent's Regulation Number 36 of 2016 concerning Arrangement of existing Minimarkets and the changes made.
Environmental Gaps in Commercial Advertising Policies in Sidoarjo Regency: Kesenjangan Lingkungan dalam Kebijakan Periklanan Komersial di Kabupaten Sidoarjo Alif , Muhammad Wildan; Phahlevy, Rifqi Ridlo
Indonesian Journal of Public Policy Review Vol. 25 No. 1 (2024): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijppr.v25i1.1416

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General background of this study examines the role of commercial advertising in marketing, particularly in Sidoarjo Regency. The specific background focuses on whether licensing policies for advertisements account for environmental sustainability. The knowledge gap is the lack of clear distinction between commercial and non-commercial advertisement regulations and their environmental impact. The aims are to analyze Sidoarjo’s advertising licensing procedures, including rules on placement and environmental considerations. The results indicate that while policies exist, unauthorized advertisements still cause environmental harm. The novelty is the focus on integrating environmental aspects into advertising policy. The implications suggest stricter enforcement to protect the environment. Highlights: Advertising licensing in Sidoarjo lacks clear distinction between commercial and non-commercial types. Unauthorized advertisements contribute to environmental degradation, especially in public spaces. Stronger enforcement and clearer guidelines can improve both regulatory compliance and environmental sustainability. Keywords: Advertising, Policy, Licensing, Environmental Sustainability