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The Principle of People's Sovereignty in the Presidential Appointment of the Head of the Nusantara Capital Authority Elvia Rahmawati; Miftakhul Huda; Ian Firstian Aldhi
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1046

Abstract

This study explores the appointment mechanism of the Head of the Nusantara Capital Authority (IKN Authority) and its implications for the principle of people's sovereignty as enshrined in the 1945 Constitution. The Indonesian state, structured as a unitary system with decentralized governance, grants certain regions special status, including the newly established Nusantara Capital. Unlike other regions with locally elected leaders, the Head of the IKN Authority is appointed directly by the President, reflecting an asymmetric decentralization model. The findings indicate that while the special appointment mechanism aims to streamline governance and ensure efficient leadership for the capital's development, it significantly limits local political representation and public participation. The study highlights that this mechanism contrasts with democratic principles outlined in the Constitution, where sovereignty is vested in the people and manifested through elections. The reliance on a merit-based appointment system underscores the need for professional leadership in managing the complex and multi-sectoral environment of the new capital. However, it also raises concerns about the diminishing role of public consent and local political engagement, which are vital to democratic governance. The study concludes that while the mechanism facilitates the capital's development, it simultaneously weakens democratic values by curbing the practical exercise of people's sovereignty at the local level.
Legal Liability of Business Operators For Beauty Products Containing Hazardous Chemicals Elvia Rahmawati; Miftakhul Huda; Ian Firstian Aldhi
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.357

Abstract

This study aims to analyse the liability of business operators for beauty products containing hazardous chemicals. This normative legal research employs methods including a statutory approach to examine relevant laws and a case-based approach to analyse real life instances of non-compliance. Findings reveal that despite strict regulations, enforcement challenges persist, leading to potential health risks for consumers. The study emphasizes the legal responsibilities of business operators to compensate for damages caused by non-compliant products, as outlined in Law No. 8 of 1999 on Consumer Protection. The research concludes that the resolution of consumer dispute cases can be settled through the Consumer Dispute Settlement Agency (BPSK) in three stages: mediation, conciliation, and arbitration, where the decisions made are final and binding. Besides resolution through BPSK, consumer dispute cases can also be resolved through litigation, which typically incurs more costs and takes more time compared to resolution through BPSK. Alongside proactive consumer actions to report hazardous products to regulatory bodies. This comprehensive approach ensures consumer safety and upholds legal standards within the beauty industry.