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All Journal JURNAL ILMIAH ADVOKASI West Science Law and Human Rights
Iskandar Muda
Yarsi University
Humanities Law, Crime, Criminology & Criminal Justice

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UNDANG-UNDANG CIPTA KERJA DAN DAMPAKNYA TERHADAP MASALAH LINGKUNGAN Raesitha Zildjianda; Iskandar Muda; Dian Herlambang
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i1.3379

Abstract

With the passage of the Job Creation Law in October 2020, it has given rise to new polemics in it, one of which is the problem with the environment. Several provisions in the Draft Job Creation Law (Cipker) have clearly illustrated that the government only focuses on the growth of the country's economy, without further consideration of the ease of investment licensing that adversely affects the environment so that it harms the general public. One of the concerns in the Job Creation Law is the environmental licensing rules for business actors. The various rules in the Act have cut some of the bureaucracy in investments that intersect with the environment. Now, investment permits are no longer uniform, but risk-based. Likewise, there have been a number of changes in the assessment procedure of the Environmental impact Analysis. This paper examines changes in environmental licensing in the Job Creation Law and their impact on the environment. By using qualitative research methods. Keywords: Investment, Environment, Job Creation Law
Constitutionality of Freedom of Association Notary Organization in Indonesia Dina Aisyah Alfarijah; Iskandar Muda; Irwan Santosa
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.146

Abstract

This research was motivated by the Law Test to the Constitutional Court, namely the test of the Notary Office Law (UUJN), especially Article 82 regarding Notary Organizations, the petitioners asked for a quo test because the provision has limited the freedom of association for Notaries to form Notary professional organizations. This restriction is considered to have violated the human rights of Notaries, especially the rights to association, assembly, and expression of opinions as the constitutional guarantee referred to is affirmed in the Constitution of the Republic of Indonesia Year 1945 (UUD 1945), The existence of the Indonesian Notary Association (INI) as the only Notary professional organization was further strengthened after passing constitutional review in the Constitutional Court. The Constitutional Judge in Constitutional Court Decision Number 009-014 / PUU-III / 2005 and reaffirmed by Constitutional Court Decision Number 63 / PUU-XII / 2014 that the Constitutional Court decision is an organization of the Indonesian Notary Association that is recognized for its existence, but also that its ruling that dissolves organizations other than the Indonesian Notary Association, thus the existence of INI as the only single notary organization regulated in the UUJN does not contradict the 1945 Constitution. Instead of being impressed as an attempt to ignore the value of Human Rights (HAM), Freedom in Notary organizations is only based on ethical freedom which refers to the good or bad of an action measured by the extent to which it provides protection for freedom and expansion of capabilities, which in this case is the capability in carrying out its profession as a Notary and Single Container is a must.
Co-Authors Dian Herlambang Dina Aisyah Alfarijah Irwan Santosa Raesitha Zildjianda