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<![CDATA[Implementation of the Carbon Tax Policy in Indonesia: Concepts and Challenges Towards Net Zero Emissions 2060 ]]>
<![CDATA[Matheus, Juan]]>;
<![CDATA[Delicia, Nadya Frisca]]>;
<![CDATA[Rasji]]>
<![CDATA[ Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Universitas Serang Raya ]]>
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DOI: 10.30656/ajudikasi.v7i1.6464
<![CDATA[The current increase in the earth's temperature and significant climate change have a negative impact on the sustainability of all living things. Indonesia is one of the countries that is committed to suppressing greenhouse gas production through a carbon tax policy regulated in the Law on Harmonization of Tax Regulations as a net zero emission instrument. However, until now, this carbon tax policy has not been realized by the government because it is hindered by several factors, such as unclear plans for implementing carbon tax implementation and determining effective tax rates due to limited resources and inadequate capacity. This study aims to examine the concepts and challenges of implementing a carbon tax as a net zero emission instrument after the enactment of the Tax Harmonization Law in Indonesia. The research method used is normative-juridical, with a statutory approach and a conceptual approach using secondary data obtained through library research. Based on research results, the implementation of a carbon tax in the national tax agency is considered very important and must be carried out immediately to restore environmental damage due to carbon dioxide emissions, which have been agreed to be reduced by 29% in 2030 and achieve net zero emissions in 2060. Therefore, the government needs to immediately finalize derivative regulations regarding the carbon tax mechanism and other accompanying policies so that every carbon produced can be taxed to increase national tax efficiency.]]>
<![CDATA[PEMANGKASAN HUKUMAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN GENDER DALAM PERSPEKTIF FILSAFAT HUKUM ]]>
<![CDATA[Syahril, Shintamy Nesyicha]]>;
<![CDATA[Rasji]]>
<![CDATA[ Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Vol. 6 No. 3 (2022): Jurnal Muara Ilmu Sosial, Humaniora, dan Seni ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Tarumanagara ]]>
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DOI: 10.24912/jmishumsen.v6i3.13355.2022
<![CDATA[Korupsi merupakan suatu kejahatan luar biasa yang merugikan keuangan negara serta melanggar hak-hak sosial dan ekonomi masyarakat secara luas. Kasus korupsi di Indonesia semakin meningkat sehingga diperlukannya hukuman yang membuat efek jera bagi para pelaku sehingga dapat mencegah tindak pidana korupsi kedepannya. Namun, terdapat putusan pengadilan yang memangkas hukuman pidana pelaku tindak pidana korupsi berdasarkan gender. Jika dilihat dari perspektif filsafat hukum, maka seharusnya di dalam hukum terdapat suatu keadilan. Keadilan menurut Aristoteles menekankan pada prinsip kesamaan serta proporsionalitas, sedangkan menurut Bentham, keadilan harus mencapai kebahagiaan sebesar-besarnya kepada masyarakat. Pada dasarnya keadilan adalah suatu konsep penilaian dengan memberikan kepada siapapun sesuai dengan apa yang menjadi haknya, yakni dengan bertindak proporsional dan tidak melanggar hukum. Atas pertimbangan hakim tersebut, menimbulkan banyak pertanyaan tentang apakah keadilan yang menjadi tujuan hukum tersebut telah tercapai. Keadilan memang harus mempertimbangkan hak perlindungan hukum serta hak perlakuan yang sama di hadapaan hukum. Namun, dengan adanya bias gender tersebut, maka keadilan tidak tercapai. Putusan terkait pemangkasan hukuman terhadap pidana pelaku tindak pidana korupsi berdasarkan gender tersebut secara tidak langsung telah mendiskriminasi gender lainnya. Putusan tersebut di satu sisi terlihat mementingkan hak asasi manusia yang dimiliki terdakwa, namun di sisi lain justru mengabaikan hak warga negara yang telah dirampas. Hakim dalam membuat suatu putusan perlu memahami konsep keadilan, sehingga akan menghasilkan produk hukum yang baik.]]>
<![CDATA[OMNIBUS LAW COPYRIGHT WORK REVIEWED FROM THE PHILOSOPHY OF LAW ]]>
<![CDATA[Sofian]]>;
<![CDATA[Rasji]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.244
<![CDATA[This research aims for omnibus law copyright work reviewed from the philosophy of law. The research method used is normative legal research. Research is descriptively analytical. Data collection techniques are carried out by way of literature studies. The results of the study showed the Omnibus Law Copyright Work Reviewed From the Philosophy of Law, it is seen that the Law to be created through the establishment of omnibus copyright law only pursues legal certainty in the field of the investment itself and forgets the principle of justice. Where the government's current goal continues to encourage the entry of foreign investors into the country, this can be seen from the onslaught of government actions, including omnibus law regulations and policies. Omnibus Law is known in Indonesia after the President of Indonesia delivered it in a state of the nation address at his inauguration as President before the MPR session on October 20, 2019. Omnibus law is the focus of the president to solve the problem of overlapping regulations and bureaucracy. The hope is that the omnibus law can provide good service for the community and attract foreign investors to invest in Indonesia.]]>
<![CDATA[Analisis Pemutusan Hubungan Kerja Secara Sepihak dengan Perjanjian Kerja Kemitraan Menurut Hukum Ketenagakerjaan ]]>
<![CDATA[Simarmata, Michael Kalep]]>;
<![CDATA[Rasji]]>
<![CDATA[ Jurnal Hukum Lex Generalis Vol 5 No 5 (2024): Tema Hukum Perburuhan dan Ketenagakerjaan ]]>
Publisher : <![CDATA[CV Rewang Rencang ]]>
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<![CDATA[Arbitration is increasingly recognized as an effective forum for dispute resolution. One of the key advantages of arbitration is its principle of finality and binding nature, which limits the availability of legal remedies. However, Article 70 of the Indonesian Arbitration Act paves the way for parties to submit an application for annulment of arbitral awards to the District Court, but only on specific, limited grounds. Furthermore, a party may appeal to the Supreme Court regarding the annulment of arbitration awards issued by the District Court, positioning the Supreme Court as the final arbiter in such cases. In practice, there have been instances where the Supreme Court has misapplied the law, seemingly disregarding evidence acknowledged by the District Court. This has led to significant legal uncertainty. This study aims to identify the legal misapplications made by the Supreme Court during the appeal process for annulment of arbitral awards. Utilizing a normative research methodology, this research analyzes existing laws and regulations to address these issues. The findings conclude that one of the legal standards applied by the Supreme Court during the appeal stage contradict Indonesia's arbitration law, undermining the integrity of the arbitration process.]]>
<![CDATA[Tinjauan Yuridis terhadap Tindak Pidana Akibat Penyalahgunaan Narkotika Ditinjau Menurut Hukum Positif Indonesia ]]>
<![CDATA[Salwa, Arya]]>;
<![CDATA[Rasji]]>
<![CDATA[ Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana ]]>
Publisher : <![CDATA[CV Rewang Rencang ]]>
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<![CDATA[Narcotics abuse is a serious issue that has far-reaching impacts on public health, social well-being, and security. Indonesia has regulated narcotics-related crimes through Law Number 35 of 2009 on Narcotics, which includes the categorization of unlawful actions based on the type of narcotics and their severity, as well as strict criminal sanctions. Furthermore, the rehabilitative approach for users considered victims of addiction acknowledges that narcotics abuse is also a public health issue. This study employs normative legal research methods. Furthermore, judges are authorized to deliver rulings based on the facts of the case while considering the principles of justice, utility, and legal certainty. A judge's discretion in making decisions is constrained by legal provisions, Pancasila values, and social norms. An effective approach to narcotics eradication requires a comprehensive policy encompassing preventive, repressive, and rehabilitative aspects. With an integrated approach, it is hoped that a society free from the dangers of narcotics and healthier both physically and socially can be achieved.]]>
<![CDATA[Effectiveness Of Termination Of Employment For Efficiency Reasons ]]>
<![CDATA[Trisetya, Aurel Aprilia Annisya]]>;
<![CDATA[Rasji]]>
<![CDATA[ Jurnal Hukum Lex Generalis Vol 5 No 5 (2024): Tema Hukum Perburuhan dan Ketenagakerjaan ]]>
Publisher : <![CDATA[CV Rewang Rencang ]]>
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<![CDATA[The employment relationship between workers and employers establishes labor protection aimed at ensuring balance without pressure from the stronger party. However, termination of employment for efficiency reasons often becomes controversial. This study aims to assess the effectiveness of termination of employment due to efficiency and the fulfillment of affected workers' rights. The research method employed is normative juridical with a statutory approach. The results indicate that ToE for efficiency is regulated under the Manpower Law but lacks a clear definition of efficiency. Amendments in the Job Creation Law permit termination of employment without company closure, sparking protests from workers. In practice, efficiency is often misused by companies to unilaterally terminate employment. Workers affected by termination of employment are entitled to severance pay, long service awards, and compensation for rights in accordance with applicable regulations. This analysis highlights the need for company financial audits to substantiate efficiency claims and the importance of transparency from employers. The study concludes that while efficiency-based termination of employment can be effective for companies, its implementation must balance worker interests and corporate sustainability to prevent injustices..]]>
<![CDATA[Analisis Yuridis terhadap Tindak Pidana Penganiayaan yang Mengakibatkan Luka Berat: (Studi Putusan No 297/PID.B/2023/PN JKT.SEL) ]]>
<![CDATA[Veronica, Shindy]]>;
<![CDATA[Rasji]]>
<![CDATA[ Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana ]]>
Publisher : <![CDATA[CV Rewang Rencang ]]>
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<![CDATA[Assault can be defined as an intentional act carried out to inflict pain, suffering, or injury upon another person's body. Accordingly, assault is categorized as a criminal offense regulated under criminal law. Based on the provisions of Article 351 paragraph (1) of the Indonesian Penal Code (KUHP), assault that results in serious injury to the victim, whether perpetrated against an individual or certain objects, constitutes an act that must be legally accounted for by the offender. Criminal liability in this context is intended to assess and determine whether a suspect or defendant can be held accountable for the criminal act they have committed, in accordance with applicable legal provisions. The type of research employed in this study is the normative juridical research method. This method focuses on collecting and analyzing legal materials derived from primary sources, such as statutory regulations, legal norms, and principles of law relevant to the topic under discussion. The findings of this research indicate that perpetrators of assault who possess the capacity to be held accountable for their actions can be subjected to penalties commensurate with their conduct. Thus, the imposition of criminal sanctions against perpetrators of assault aims primarily to provide fair and adequate restitution for the rights of victims who have suffered harm as a result of the perpetrator's actions. This includes efforts to ensure justice for the victims, whether in the form of compensation for the damages sustained or as a means of legal protection for the rights violated by the offender.]]>
<![CDATA[Legal Certainty for Companies That Unilaterally Terminate Employment Relations to Workers ]]>
<![CDATA[Aurelius Steven Beale]]>;
<![CDATA[Rasji]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i2.1060
<![CDATA[In this study, we have discussed legal certainty for companies in carrying out the process of unilateral termination of employment relations against workers. This study applies a normative juridical research method with the approach taken, namely the legislative and conceptual approaches. This study explains the procedure for legal termination of employment, as well as aspects of legal certainty, especially for companies, and also explains the impacts such as legal and economic impacts of termination disputes. The results of this study prove that there is legal certainty for companies that can be accepted based on compliance with the legal termination procedure, namely by bipartite negotiations, mediation, and fulfillment of legal requirements according to the reasons for termination. The company has the right to validate the reasons for termination of employment and has legal protection in the industrial relations court.]]>
<![CDATA[Implementation of the Public Housing Savings Act to Meet Community Board Needs ]]>
<![CDATA[Melia]]>;
<![CDATA[Rasji]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i2.1113
<![CDATA[According to Law of the Republic of Indonesia Number 4 of 2016 concerning Public Housing Savings, it is a long-term fund savings program that is useful in using it for housing financing. So in this writing the author wants to study further regarding the Implementation of the Public Housing Savings Law to Meet the Needs of Community Boards. With normative research methods, the nature of the research is descriptive, using secondary data types using a statutory approach, and analyzed qualitatively. The results and discussion are that this program focuses on increasing access to housing for the community, reducing social disparities, and ensuring that basic needs such as housing are met. By emphasizing the importance of designing policies that not only meet basic needs but also maximize benefits for the entire community. By focusing on better access to housing, efficient fund management, and social welfare, public housing savings are expected to provide broad and sustainable benefits for the Indonesian people, thereby ensuring that the program runs in accordance with applicable legal provisions, which can increase effectiveness and public trust.]]>
<![CDATA[Problematic Analysis of the Legal Policy of the Food Estate Program (Government Era 2020-2024) ]]>
<![CDATA[Rasji]]>;
<![CDATA[Vera Tua Tobing]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i2.1152
<![CDATA[Food estate development is a response to President Joko Widodo's 2020 warning of a crisis during the pandemic period to meet domestic food needs. The Ministry of Environment and Forestry issued Minister of Environment and Forestry Regulation No.24/2020 concerning the Provision of Forest Areas for Food Estate Development through the Ministry of Environment and Forestry, this regulation was later revoked and replaced by Permen LHK No.7 of 2021. The findings indicate that the food estate development policy conflicts with the principles of ecological justice, which advocate for harmonious coexistence between humans and nature. The food estate concept itself refers to the integrated development of food production, encompassing agriculture, plantations, and livestock over vast tracts of land. The perspective of the ecological justice theory approach suggests that forests need to be preserved not only because humans still need forests to meet their needs, but it is appropriate because humans are actually only one of the elements of the earth's large and complex ecosystem, and as humans who have morals need to respect the rights of non-human beings to coexist in harmony. Therefore, the existing set of regulations must consider the rights of other natural creatures including animals, forests, seas, mountains and other elements of the biospher.]]>
