HS Tisnanta
Faculty of Law, Lampung University, Indonesia

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Application of strict liability principles in environmental dispute resolution Muhammad Akib; Agus Triono; HS Tisnanta; Fathoni Hukum; Rodrikson Alpian Medlimo
Annals of Justice and Humanity Vol. 2 No. 2 (2023): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v2i2.1796

Abstract

Purpose: The aim of this study is to analyze the factors causing the Strict Liability principle to not be implemented effectively and the efforts that can be made so that the Strict Liability principle can be implemented effectively. Research Methodology: This study employed a normative empirical method with a descriptive analysis approach. Secondary data is acquired through meticulous literature review and subjected to qualitative analysis. Rigorous literature selection ensures data validity. The outcomes of the analysis serve as the cornerstone for accurate conclusions within the research. Results: The results of the research show that the principle of Strict Liability cannot be implemented effectively because there are political deviations in the law of environmental dispute resolution after the enactment of the Job Creation Law and there are policy inconsistencies in resolving environmental disputes. Limitations: Environmental dispute resolution still uses the principle of liability based on fault, which requires proving elements of fault on the part of the defendant. In the context of resolving environmental disputes, there is still a basis for liability based on the principle of Strict Liability, which does not need to prove the defendant's fault if he has fulfilled the elements contained in Article 88 of Law Number 32 of 2009. Contribution: Efforts that can be made to implement the Strict Liability principle effectively are, first, reorienting policies and strategies for resolving environmental disputes. This can be realized by preventing, overcoming, and restoring pollution and damaging natural resources and the environment, as well as strengthening institutions and law enforcement in the field of natural resources and the environment. Second, there are legal political irregularities in resolving environmental disputes after the enactment of the Job Creation Law.
Right to health services for people with HIV/AIDS in Bandarlampung: Challenges and fulfillment Salma Diva Aurora; HS Tisnanta; Agus Triono
Annals of Justice and Humanity Vol. 2 No. 2 (2023): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v2i2.1848

Abstract

Purpose: This study aimed to determine how the right to health services is fulfilled for people living with HIV/AIDS (PLWHA) in Bandar Lampung City and what are the obstacles to fulfilling the right to health services for HIV/AIDS sufferers there. Research Methodology: This research uses empirical normative research that employs a literature study approach and research directly at the research location. The data sources for this research were the library and field data. Results: The research results show that: (1) Fulfillment of the right to health services for people with HIV/AIDS in Bandar Lampung City has been implemented in accordance with Minister of Health Regulation (PMK) Number 23 of 2022 concerning the Management of HIV AIDS and Sexually Transmitted Infections. Fulfillment is realized by the availability of health services for HIV/AIDS sufferers in hospitals, community health centers, and organizations that focus on HIV/AIDS issues and have special programs for HIV/AIDS sufferers. Limitations: In reality, there are still obstacles faced in fulfilling the right to health services for people with HIV/AIDS in Bandar Lampung City, namely inadequate financial support, antiretroviral drugs that are still dependent on the center, as well as stigma and discrimination by health workers towards HIV/AIDS sufferers. Contribution: Human Immunodeficiency Virus (HIV) / Acquired Immune Deficiency Syndrome (AIDS) has been declared a world pandemic and a disease that is a serious health problem. HIV/AIDS sufferers sometimes experience difficulties in getting health services.