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All Journal Novum : Jurnal Hukum Jurnal Suara Hukum Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Sulaksono
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Law, Crime, Criminology & Criminal Justice

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LEGAL CULTURE DECONSTRUCTION IN INDONESIAN LEGAL SYSTEM Sulaksono
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.227

Abstract

Along with the reformation development in Indonesia, the new demand was created and realized with the implementation of law in society. The implementation of laws and regulations is a critical component of law enforcement. It entails legal officers' and society's willingness to enforce the law in order to maintain social order and establish justice. This research is normative juridical research that provides a qualitative analysis of discussed material by analyzing theories, legal principles, and law. From the research result, it found that the law and regulation in Indonesia is still weak and need to be improved. With the implementation of law and regulations in Indonesia, there are many obstacles and problems faced in its enforcement. As an example, the court justice is still doubt in issuing the law or regulations for the government or any political parties. Legal system consists of three components: legal structure, legal substance, and legal culture. These three elements are interconnected and have positive implications for the development of a responsive legal system. According to the research findings, the Indonesian legal system is repressive because the three elements of the legal system demonstrate its equality.
LEGAL FRAMEWORK FOR CORPORATE AND GOVERNMENT PARADIGM TO DISASTER VICTIMS Sulaksono
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.228

Abstract

The environmental law enforcement paradigm has not implimented well. This can be known through the government's inability to stop several acts of environmental destruction committed by several corporations. On the other hand, based on the principles of environmental law, it is stated that the government must be responsible for environmental management. The topic of this research is important to uncover the background between whether or not there were violations of regulations committed by corporations. The results of the research indicated that the paradigm of enforcing environmental law is contained in Law No. 32/2009 concerning Environmental Protection and Management; Law No. 24/2007 concerning Disaster Protection; Law No. 30/1999 concerning AAPS (Arbitration and Alternative Dispute Resolution) and Law No. 4/2009 concerning Mining is still a normative paradigm which causes the weakening of environmental law enforcement.
An Ideal Model for The Preparation of Internal Regulations of Universities in Indonesia Based on Meaningful Participation in The Success of Sustainable Development Goals (SDG's) 2030 Sulaksono; Sulistyowati, Eny; Ali Masnun, Muh.; Yahya, Najeeb
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p463-487

Abstract

This research aims to offer an ideal model for the formulation of internal regulations in higher education institutions based on the concept of meaningful participation in achieving the SDGs. This research is a normative legal study that emphasizes a conceptual, legislative, and case approach. The research results affirm that internal regulations of higher education institutions are part of the hierarchy of national legislation. The urgency of implementing meaningful participation in the formulation of internal regulations at higher education institutions is expected to realize the sixteenth goal of the SDGs, which is to create resilient institutions. This way, internal regulations at higher education institutions can be formulated effectively by considering needs and prioritizing legal harmonization with other regulations. The ideal model for the formation of internal regulations in higher education institutions needs to be based on transparency aspects related to planning, supervision, implementation, and evaluation, which must accommodate three aspects of meaningful participation, namely the right to be heard, the right to be considered, and the right to be explained. In addition, to ensure legal certainty, specific regulations need to be formulated at the national level that provide general guidelines related to the formation and drafting of legal products for higher education institutions, which will then be followed up with technical regulations within each higher education institution.
Legal Review of Positive Fictive Inconsistency in Government Regulations on the Implementation of Risk-Based Business Licencing Pangestu, Dewa Rizky; Sulaksono
NOVUM : JURNAL HUKUM Vol. 12 No. 03 (2025): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v1i1.60140

Abstract

This study examines the OSS-RBA licensing process, which adapts the positive fictitious principle from the Government Administration Law (UUAP) for KTUN implementation. PP 5/2021 underlies the OSS system, adopting this principle. The study addresses issues with OSS licensing applications due to inconsistencies with positive fictitious regulations. Using a normative juridical method with statute, historical, case, and conceptual approaches, it relies on legislation and secondary materials such as books and journals. Indonesia's policies now use technology, including OSS-RBA in PP 5/2021, replacing PP 24/2018. Despite the positive fictitious concept in PP 24/2018 and UUAP, PP 5/2021's implementation is inconsistent, causing licensing delays and legal uncertainty, hindering investment. Improving OSS-RBA is crucial to effectively apply the AUPB principle, creating a transparent, efficient bureaucracy and increasing legal certainty for businesses. This supports sustainable economic growth and enhances Indonesia's global competitiveness. Inconsistencies between licensing practices and regulations like PP 5/2021, and the absence of a Presidential Regulation on legally granted KTUN forms, cause legal uncertainty. Legal remedies include legal construction, ombudsman, residual theory, and establishing a special institution for positive fictitious cases.
Co-Authors Ali Masnun, Muh. ENY SULISTYOWATI Pangestu, Dewa Rizky Yahya, Najeeb