Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Media Iuris Unnes Law Journal
Rahadyan Fajar Harris
Universitas Airlangga
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies Rahadyan Fajar Harris; Natalia Carolina Simanjuntak
Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i1.54504

Abstract

The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.
The Road to Net-Zero Emission in Indonesia: Legal Loopholes in National Carbon Tax Scheme Indria Wahyuni; Rahadyan Fajar Harris; Emanuel Sujatmoko
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.48537

Abstract

Indonesia is committed to accelerating the achievement of Net-Zero Emissions by 2060. The Carbon tax is a new instrument that it believes could encourage the achievement of carbon neutrality. Through the Harmonisation of Tax Regulations Act, the Government regulated several carbon tax provisions, which were initially going to be implemented on April 1, 2022, and then postponed to July 1, 2022. Unfortunately, the carbon tax implementation has been delayed until an undetermined time. Implementing legal interpretation, this research comprehensively analyses carbon tax provisions in the Harmonisation of Tax Regulations Act. The research will examine the ability of current carbon tax arrangements to accelerate the achievement of Zero Emissions. This work uses normative juridical methods with a conceptual and statutory approach to provide recommendations. The results show that the carbon tax arrangement does not contain substantial clarity, and various implementing regulations are needed. Article 13 of the Harmonisation of Tax Regulation Act contains vague norms that need to be elaborated. The paper recommends the urgency of legislative review mechanism for the Harmonisation of Tax Regulation Act, especially Article 13, and the need to harmonise it with related laws.
Co-Authors Emanuel Sujatmoko Indria Wahyuni Natalia Carolina Simanjuntak