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All Journal Indonesia Media Law Review Lex Journal : Kajian Hukum dan Keadilan Kanun: Jurnal Ilmu Hukum Law and Justice
Kusuma, Lalu Aria Nata
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Enforcing State Ethics: Quo Vadis Law on Ethics of State Officials Kusuma, Lalu Aria Nata
Lex Journal: Kajian Hukum & Keadilan Vol 7 No 2 (2023): December
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v7i2.9038

Abstract

Various ethical violations committed by state officials today are very concerning. In fact, there has been a legal product in the form of MPR Decree No. VI/MPR/2001 concerning the Ethics of National Life (MPR Decree No. VI/MPR/2001) which should be used as a guiding star. Unfortunately, the existence of MPR Decree VI/MPR/2001 is almost forgotten and unaware of its existence. This research aims to examine the existence of MPR Decree VI/MPR/2001 and the idea of forming the Law on Ethics of State officials. The research method used is normative legal research, using a legislative approach and a conceptual approach. The results of the study show that the weak binding force of the MPR Decree as a legal product in the hierarchy of laws and regulations and the absence of an effective supervision and enforcement mechanism have implications for the neglect of the MPR Decree, which in this case includes the provisions regulated in the MPR Decree VI/MPR/2001. Reflecting on these conditions, it is necessary to regulate the issue of the ethics of state officials in a Law on Ethics of State officials to ensure the administration of the state based on moral and ethical values. The existence of the Law on Ethics of State officials will later regulate the code of ethics and code of conduct of state officials, as well as regulate an independent external ethics supervisory institution in the form of the State Officials Ethics Court.
The Implications of Changes in the State Budget (APBN) through Presidential Instruction (Inpres) from the Perspective of Administrative Law Kusuma, Lalu Aria Nata; Syarif, Nawaz
Lex Journal: Kajian Hukum & Keadilan Vol 9 No 2 (2025): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex journal.v9i2.10047

Abstract

In realizing the prosperity and well-being of the people, the State Revenue and Expenditure Budget/State Budget (APBN) plays a crucial role in reflecting the government's economic policy. According to the provisions in the State Financial Law, changes to the APBN during the fiscal year can only be made through the instrument of the Revised APBN Law. However, Presidential Instruction Number 1 of 2025, which was issued, alters the established APBN. This change raises questions about whether the presidential instruction, as a discretionary power, can be used to modify the APBN and what the implications are. The research method used is normative legal research utilizing a legislative and conceptual approach. The research results indicate that presidential instructions are regulations used to interpret vague and stagnant rules to address existing issues. However, this does not mean that presidential instructions can be used freely. In the context of changing the posture of the APBN through presidential instructions, this research shows that such actions do not meet the objectives and requirements for issuing discretion as stipulated in the Government Administration Law. The failure to meet these conditions has implications, namely: 1) the presence of Presidential Instruction No. 1/2025 is a form of abuse of power by state administrative officials; 2) the normalization of abusive discretionary practices by the government; and 3) it shows the failure of the House of Representatives (DPR) to perform its function properly. Therefore, it is important for the government, as administrative officials who can issue discretion, to adhere to existing guidelines when issuing policy regulations.
BALANCING TRADITION AND LAW: ADDRESSING CHILD MARRIAGE IN WEST NUSA TENGGARA, INDONESIA Kusuma, Lalu Aria Nata; Firdiansyah, Ananda
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.44179

Abstract

Child marriage is a serious issue in Indonesia, particularly in the Province of West Nusa Tenggara (Nusa Tenggara Barat/NTB), where it has been justified by the local tradition of Merarik. In response, the Regional Regulation of West Nusa Tenggara Province Number 5 of 2021 concerning the Prevention of Child Marriage has been issued; however, it has not significantly decreased the rate of child marriage. Utilizing doctrinal and socio-legal methods, this study explores the justification for such regulating as well as the opportunities and challenges encountered when this regulation conflicts with local customs. The study reveals that the regional regulation should be tailored to specific socio-local conditions. Successful implementation of this regulation depends on the involvement of stakeholders, such as traditional leaders, academics, and the community. Although this regulation constrains customary law, such restrictions are required from a sociological jurisprudence perspective for practical benefits. Furthermore, the "merarik" tradition within the Sasak ethnic community can continue to be practiced without violating the established legal age for marriage. This serves as a valuable lesson on how law as social engineering can be examined in the modern Indonesian context.
Media Vs. Law: Which Acts as a Tool of Social Engineering? Hamdani, Fathul; Fauzia, Ana; Mardhiyana, Rezka; Kusuma, Lalu Aria Nata
Indonesia Media Law Review Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v2i2.69469

Abstract

According to Roscoe Pound, law is viewed as a tool for social engineering. However, the situation in Indonesia reveals that the law has not effectively fulfilled its role as a tool for social engineering and development, as envisioned by Mochtar Kusumaatmadja. This is evident in various law enforcement cases in Indonesia, where the process tends to be sluggish and only gains attention after it becomes viral in the mass media. This study aims to explore the underlying factors behind the influence of mass media on law enforcement in Indonesia and investigate whether both the media and the law can function as tools for social engineering simultaneously. The article adopts a normative legal research methodology, utilizing statutory, conceptual, and case-based approaches. The research findings demonstrate that while the mass media has a positive impact, there are still areas for improvement within the Indonesian legal system, particularly concerning the suboptimal performance of law enforcement officials and state authorities. Despite the potential for mutual support between the media and the law, the current scenario highlights the need for the media to serve as an information disseminator, supervisor, social control, and shaper of public opinion, while the coercive nature of the law can exert pressure on law enforcers and government officials to fulfill their duties and responsibilities.
Environmental Disputes Without Protection Of Strict Liability Principles: Again, Law On Job Creation Kusuma, Lalu Aria Nata
Law and Justice Vol. 7 No. 1 (2022): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v7i1.699

Abstract

The 1945 Constitution of the Republic of Indonesia in Article 28 H paragraph 1 states that a good and healthy environment is a human right and a constitutional right for every Indonesian citizen. The form of environmental protection is then accommodated, one of which is Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) through the Strict Liability principle or what is called absolute liability for every party who pollutes and destroys the environment caused by Hazardous and Toxic Materials (B3) and waste of Hazardous and Toxic Materials without the need to prove of the element of fault first. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, absolute liability for perpetrators of environmental destruction was lost because the phrase “without the need to prove of an element of fault” was abolished so that accountability was based on mistakes (liability based on fault). The purpose of this study is to determine the impact of eliminating the principle of strict liability in the settlement of environmental disputes in Indonesia. The research method used is normative legal research using statutory, conceptual, and case approaches. Based on the results of the study, it shows that the abolition of strict liability in the Environmental Protection and Management Law will burden victims in environmental disputes, especially ordinary people, to ask for accountability because of the complexity of proving the element of error in industrial activities that use high technology and are related to Hazardous and Toxic Materials (ultrahazardous activity dan abnormally dangerous).   Keywords: Job Creation, Liability Based on Fault, Environmental Dispute, Strict Liability
Co-Authors Fauzia, Ana Firdiansyah, Ananda Hamdani, Fathul Mardhiyana, Rezka Syarif, Nawaz