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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Law and Society Journal of International Islamic Law, Human Right and Public Policy
Ria Fitri
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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IMPLEMENTATION OF CHILD DECENT CITY POLICY IN BANDA ACEH CITY (REVIEW OF QANUN NUMBER 2 OF 2021) Indah Putri Sanura; Ria Fitri; Darmawan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i5.1191

Abstract

The Child Decent City Policy in Indonesia is based on Article 21 of Law Number 35 of 2014 concerning Child Protection which states that the State Government and local governments are obliged and responsible to respect the Fulfillment of Children's Rights, then Law Number 11 of 2006 concerning the government of Aceh which in its derivatives Aceh qanun number 11 of 2008 concerning Child Protection emphasizes the fulfillment of children's rights. Qanun Number 2 of 20212 concerning Child-Friendly Cities, which is a derivative of the regulation on which it is explained that the City government makes together with the Gampong government, parents, communities and community organizations in realizing development that protects children's rights. This study aims to find out how the Implementation of Banda Aceh City Qanun number 2 of 2021 concerning Child Friendly Cities, what factors affect the Implementation of Banda Aceh City Qanun number 2 of 2021 concerning Child Friendly Cities and the legal consequences of the unimplementation of Banda Aceh City Qanun number 2 of 2021 concerning Child Friendly Cities. The type of research used is empirical juridical with a statutory approach and an analytical approach, both of these approaches are needed to analyze and examine the implementation of the qanun, research sources consist of primary data sources (interviews, observations), secondary (laws, literature and other legal materials). The results of the study found that the implementation of the qanun of Banda Aceh City regarding a child-friendly city has not run well and effectively, this is influenced by several factors, the inhibiting factors consist of human resource factors, financial resource factors, leader commitment factors and policy implementation factors, while the supporting factors in the implementation of Child Decent Cities in Banda Aceh are resource factors, facilities and infrastructure, and community institution support factors. Then the legal effect of the non-implementation of the Banda Aceh city qanun concerning Child Decent Cities is administrative sanctions, although in fact the implementation of these sanctions has so far never been applied.
THE AUTHORITY OF THE ACEH GOVERNMENT IN THE FIELD OF MINERAL AND COAL MINING LICENSING IS BASED ON LAW NUMBER 11 OF 2006 CONCERNING ACEH GOVERNMENT Rahima Kamariah; Ilyas Ismail; Ria Fitri
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.66

Abstract

This research aims to explain the position of Aceh Province in the management of natural resources in the field of mineral and coal mining based on the specificities and privileges of Aceh, as well as to explain the authority of the central government in the field of mineral and coal mining as well as explain the authority of the Aceh government in terms of mineral and mining permits. coal in the Aceh Province area. This research is empirical legal research using a statutory approach and a legal sociology approach. The data sources used in this research are primary and secondary data using primary legal materials, secondary legal materials and tertiary legal materials, then the data obtained from both Secondary legal materials and tertiary legal materials will be analyzed. The results of the research show that the authority to manage mineral and coal mining in the Aceh Province area is managed by the Aceh government in accordance with statutory regulations, this authority is an attributive authority granted directly by Law Number 11 of 2006 concerning the Aceh Government, so that in terms of mineral mining and coal, the central government does not have full rights in controlling it because the central government's mining regulations exclude the Aceh government in its regulation, namely in article 137A of Law Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning mineral and coal mining. The granting of special autonomy to Aceh, especially in the management of natural resources in the mineral and coal mining sector, has not been fully respected by the central government. It is recommended that the central government needs to pay attention to the authority possessed by the Aceh government as one of the special and special regions, as explained in the constitution that the Indonesian State recognizes and respects regional government units which are special and given special authority based on the principle of decentralization. , to create legal certainty in the management of mineral and coal mining in the special autonomous region of Aceh.
The Position and Juridical Implications of Ex Gratia Payments in Insurance Claim Settlements from the Perspective of Civil Law Teuku R. Muhammad Rajih; Yusri Yusri; Ria Fitri
International Journal of Law and Society Vol. 3 No. 3 (2026): July: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i3.970

Abstract

The practice of Ex Gratia payments in insurance has developed as a discretionary policy to maintain good relations with insured parties, protect corporate reputation, and facilitate dispute resolution without prolonged litigation. However, the absence of explicit regulation under Indonesian law creates legal uncertainty regarding the legal status of Ex Gratia payments, their implications for the rights and obligations of the parties, and the legal certainty following such payments. This study aims to examine the juridical construction of Ex Gratia payments as a civil legal act outside contractual obligations and to analyze their legal implications within insurance agreements. This research employs a normative legal method using statutory, conceptual, and analytical approaches. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials collected through library research. Data were analyzed qualitatively using descriptive-analytical and prescriptive methods. The findings indicate that Ex Gratia payments do not arise from contractual obligations under an insurance policy but constitute voluntary civil legal acts based on moral, humanitarian, reputational, or business considerations. Nevertheless, such payments may establish new legal relationships if expressly stipulated in a binding agreement or written commitment. Furthermore, Ex Gratia payments may affect the insured’s right to sue, the waiver of rights, the principle of subrogation, and the balance of legal rights and obligations between the parties, highlighting the need for clearer legal regulation to ensure certainty and consistency in insurance practice.
Co-Authors Darmawan Ilyas Ismail Indah Putri Sanura Rahima Kamariah Teuku R. Muhammad Rajih Yusri Yusri