Athar Tristan Andana Kanz
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Polemik Undang-Undang Informasi Dan Transaksi Elektronik Yang Bertentangan Dengan Prinsip The Rule Of Law Athar Tristan Andana Kanz; Reza Yuda Sakti; Romauli Yohana Sinaga; Serlin Lovina Manalu
Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i2.304

Abstract

Rule of Law is a basic principle in a legal system where the law applies equally to everyone, including the government and citizens, and no person or party is excluded from the law. It also emphasises that legal decisions must be based on existing laws and must be implemented fairly and consistently. The law is the highest norm that binds all other legal norms, thus becoming the foundation for state power and legal regulation within a country. The rule of law and the law are closely interrelated in a country's legal system. In a well-functioning legal system, the rule of law and the law work together to create justice and security for all citizens. The rule of law helps ensure that the government does not abuse its power or violate the rights of individuals. The purpose of this research is to analyse Law No. 11 of 2008 which has been amended into Law No. 19 of 2016 regarding Electronic Information and Transactions (ITE Law) which is not in accordance with the principles of The Rule of Law and how this ITE Law can reflect the principles of The Rule of Law. This research method is library research. The results of this study are the development of technology and information today makes the government then issue Law Number 11 of 2008 (ITE Law) concerning the use of technology as well as information, ITE Law prohibits all forms of criminal acts that violate using technology and information, such as information disseminated will get bad treatment for the community. In practice in Indonesia, there are several cases that contradict the principle of The Rule of Law, for example, the ITE Law can cause confusion due to the increasing total every year of technology and information users, so the use of technological facilities is also increasingly widespread plus the ITE Law until now has not been widely socialised to the public.
Penerapan Green Constitution di Indonesia dalam Upaya Menjaga Keberlangsungan Lingkungan Hidup yang Baik dan Sehat sebagai Tanggung Jawab Negara Athar Tristan Andana Kanz; Githa Asmadeningrum Rosady; Savero Pramudika Arya Wibowo
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.425

Abstract

An important element of life on earth is the environment, which consists of everything, conditions and influences that exist in the area where humans live and have an impact on life. Everything that forms life, namely objects, energy, the environment, living creatures, humans and their actions, and living space are included. These items are closely related to each other and interact with each other. This research is included in the library research category because the data is collected from written sources such as books, articles, magazines, newspapers, scientific journals and libraries. This approach allows researchers to obtain precise and relevant data by utilizing various library sources. Library research techniques are used to find legal sources that are trustworthy and relevant. The state is tasked with maintaining a clean and healthy environment, in accordance with Indonesia's current Green Constitution. Article 28H paragraph (1) emphasizes the right of every citizen to a good and healthy living environment in addition to the right to physical and spiritual well-being. This idea is represented in various articles of the 1945 Constitution. Strengthening the legal basis for environmental management and preservation, Law Number 32 of 2009 concerning Environmental Conservation and Management offers a more complete picture of the environment. The living environment as referred to in Article 1 point 1 is a spatial unity consisting of all physical and biological components that have an impact on nature and life, including humans and their behavior.