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RECONSTRUCTION OF THE WASTE MANAGEMENT LAW BASED ON WELFARE VALUE M. Hasyim Muallim; Gunarto Gunarto; Anis Mashdurohatun
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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To achieve the condition of society who live healthy and prosperous in the future, it will be necessary to have a healthy living environment. From the aspect of waste management, the healthy word would mean a condition that would be achieved if the waste can be managed well so that the living environment where human activity there will be clean (Permen PU number: 21 / PRT / M / 2006). Vision of the development of waste management systems of Departemen Pekerjaan Umum dan Perumahan is " Permukiman Sehat Yang Bersih Dari Sampah", it is reflects to achieve of a good condition and healthy environment. In general, according to the Peraturan Menteri PU nomor: 21/PRT/M/2006, the areas that get solid waste services will either be shown to have the following conditions: a.) The society has access to handle the waste that are producted from daily activities, either in living environment, commerce, offices, and other public places, b). The society has a clean living environment because the waste that are produced can be handled properly. c). The society are able to maintain their health because there is no waste that could potentially be material transmission of diseases such as diarrhea, typhoid, dysentery, and others; and environmental disturbances from pollution of air, water or soil. d.) The sociaty and the business / private sector have the opportunity to participate in waste management so as to obtain benefits for welfare. Until now, waste management paradigm used is: GATHERING-TAKING and REMOVING, and the mainstay of a city in resolving problems of waste is landfilling in TPA. The city manager is less likely to give serious attention to the TPA, so came the failure cases of TPA. The city manager seems to assume that their TPA can solve all waste problems, without having to give proportionate attention to these facilities. TPA can be time bomb for the city manager. To achieve optimal waste services, it's time for a paradigm change municipal waste management. Transformative paradigm is the concept of municipal waste management to prevent or minimize the generation of pollution and other negative impacts that are detrimental to society and the environment. According to Witoelar (2006: 2) takes pioneers to change the paradigm of waste management from the approach end of the pipe (end of pipes) that dispose of waste directly to TPA towards waste management with the principles of 3R is Reduce, Reuse and Recycle. In the case of this paradigm change is far behind the other countries. For example, according to Buclet and Olivier waste management paradigm change in most European countries has been started since 1970. The waste management policy emphasis on waste reduction at source, sorting and recycling. A very important starting point in this paradigm change is a change of policy toward the minimization of garbage at the source, rather than on disposal. According to Law No.18 of 2008 on Waste Management, there are two main groups of waste management are: a.) Reduction of waste (waste minimization) consisting of restrictions on the trash, reuse, and recycling, b) Waste management (waste handling ). This condition is emphasized that the main priorities that should be done by all parties is how to reduce waste as much as possible. Part of waste or residue from waste reduction activities remaining is then performed processing (treatment) and heaping (landrilling). Waste management is an important issue in the problems of city environment that is faced in line with population growth and an increase in construction activity. The increase in waste volume grows exponentially which has not been accompanied by an increase in local government revenue equivalent to the management of municipal solid waste (Puslitbang Permukiman, Bandung 2014). This relates to the increasingly difficult and expensive to get the location of the final disposal (TPA), also are located farther away has extended transport and increase the cost of transportation.

THE RECONSTRUCTION OF DIVORCE DUE TO MARITAL STATUS UNDER THE UNAUTHORIZED GUARDIAN AS VALUE OF JUSTICE Abdul Kholiq; Akhmad Khisni
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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A marriage due to an unlawful guardian must be canceled, but often divorce of unlawful guardianship is decided by divorce and talaq, this is not in accordance with the value of justice as in the 5th principle of Pancasila and the Constitution of the Republic of Indonesia. So the authors intend to reconstruct it, by formulating the problem, 1. How is the divorce proceeding in marriage due to the current illegitimate legal status of a guardian? "2. How is the effect of divorce on marriage due to the current unauthorized legal status of guardians ?, 3. What is the legal reconstruction Divorce on marriage due to the status of unlawful guardians of justice value ?, This article uses a qualitative approach, socio legal research, then researchers use the theory of justice as Grand Theory, Law Enforcement as Middle Theory and Legal Protection as Application Theory, As for the reconstruction is to answer the formula The above problem, namely: 1. the implementation of the cancellation of marriage today is when the submission is canceled then the decision is the marriage was decided by divorce, sometimes the filing of divorce / divorce is not investigated in advance whether there is a status of unlawful guardian or not. 2. The answer is the effect of divorce on marriage that there is an illegal guardian's status, if the divorce is decided then the rights demanded back, or other rights not delivered, because if the trial in the form of divorce, usually one of the defendants / requested did not come . Consequently a. The cancellation of marriage must be synchronized with Article 26 of the Marriage Act No. 1 of 1974, which is intended when the cancellation must be in accordance with the juridical reasons, b. For those who already have a marriage certificate, can not be canceled but must be repeated marriage, or ordinary divorce, c.In the cancellation should be examined exactly why the status of guardians is not valid, if due to deliberate from the woman then still said divorce, d.Dalam trial divorce Or talak, if after examined there are unlawful guardians, it must be decided cancellation of marriage not divorce. Keywords: Reconstruction, Divorce, Guardian, Unlawful

MORAL REFORM BUREAUCRACY AS PREVENTION OF ILLEGAL PAYMENTS TO INDONESIA CLEAN OF CORRUPTION Herwin Sulistyowati
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Starting the third year of his term, President Joko Widodo launch OPP package (Operation Combating Extortion). The spirit of the eradication of extortion seem so terrible. But until now still many findings in the community, if not more entrenched but membudidaya. Illegal Payments or extortion is charging fees in place that should not be charged or levied. Law enforcement to combat illegal payments related to the abuse of office or authority has stipulated in Article 3 of Law Corruption Law 31 Year 1999 jo Law No. 20 of 2001. Occupation (occupation), which also contained a number of power and authority became the main instrument of the possibility of evil. The law with the problem that arises is how the law works to realize the clean state of the culture korupsi.Metode used is normative and sociological approach that looks at the effectiveness of the operation of the Act with symptoms, behavior, and law enforcement by using the Law of Development Theory that the law of view the overall principles and rules that govern the lives of the people in it, including institutions and legal processes to realize it in reality purpose is to build mental, moral character and state officials (officials) are anti-corrupt. Build law not only limited commitment, but as a means to change attitudes and ways of thinking and behavior bureaucratic apparatus and society together. Because a result like this causes a decrease in the level of public confidence in the law, effect on lazy to work, officials absent from their duties. Law enforcement eradication of extortion there must be effective support and commitment from all stakeholders, communicated effectively, control the decisive, strong integrity officers to combat complaints of extortion by creating a network of central and regional level that seriously responded via online. Moral renewal of man as a supervisor and perpetrator eradication of extortion to create good governance and a prosperous society. Keywords : corruption, extortion, renewal bureaucracy

DIVERSITY ADULT AGE LIMITS POSITIVE LAW IN INDONESIA (Studies in Multidisciplinary Perspective) Muhammad Andri
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Maturity has always been a responsibility of the size of a deed. Since only an adult is considered perfectly justifiable actions, but in some fields of science in practice there are differences in maturity parameters. This we can see from some of the provisions of the law which provides qualifications on works which in principle can only be done by those who have grown up. This type of research is a normative legal research includes studies of the principles of law or legal doctrine, technique of data collection is done with the study of literature in the form of documents or activities to collect and inspect, examine documents this be required. Research answering the problem formulation: why adults boundary conditions according positive law specified 21 years but from a wide range of existing regulations show the differences between one another. And what about the legal issues arising from the diversity of the legal adult age. the results of this study show that the legal system in Indonesia in general, there is disparity in the adult limit. Among the provisions is one to the other there is a correlation when the scope it governs have a point of tangency and the close linkage relationship. Supposedly every law that each other can be complementary and mutually close any vacancy that exists, but is actually giving each overlapping rules on the same subject, it is this which creates inconsistencies in the law enforcement and implementation of laws in the field , The need for re-assessment and research on determining the legal adult age by using an approach through a variety of disciplines in order to get the limited ability that is relevant to all disciplines; Keywords: age limits, legal competence, maturity

LEGAL POLITICS OF EMPLOYMENT IN TERM OF PART OF TASK HANDOVER TO OTHER COMPANIES IN INDONESIA Endah Pujiastuti
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The handover of part task to other companies is currently being practiced by the company in the context to efficiency and effectiveness. In the midst of the controversy of the practice in handover of part task to other companies, the government still does not remove the regulations that have been issued. Based on observation, the regulation of the handover of part task to another company has been very dinamic in five years last. The movement of this regulation is more directed at efforts to improve its implementation, especially for legal protection. These conditions are very different compared to previous years that seemed untouched. This paper discusses the legal politics of the labor, which focuses on the field of study of the handover of parttask to other companies in Indonesia. Keywords: task, company, handover, legal politics.

HOMOLOGATION RECONSTRUCTION IN BANKRUPTCY THAT IS BASED ON DIGNIFIED JUSTICE Agus Winoto; Teguh Prasetyo; Amin Purnawan
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Law No 37 Year 2004 on Bankruptcy and Liability Payment Postponement (PKPU) enables a debtor to come up with a settlement offer to the creditor, prior to or after bankruptcy, in order to pay for liabilities or end bankruptcy and PKPU. A settlement offer from a debtor, discussed and submitted after liability verification, which has been agreed and approved by both the debtor and the creditor must first be legalized by a panel of judges that decide on the case. This will give the settlement offer a fixed and binding legal status. Hence, it can be executed. However, the panel of judges do has the right to legalize a settlement offer agreed and approved by both the debtor and the creditor, as stipulated in Article 159 subsection (2) and Article 285 subsection (2) of Law no 37 Year 2004. This right to deny legalizing a settlement offer is against the universal principles of agreement, especially concerning mutual agreement, pactasuntservanda, freedom of contract, and common justice. The issues discussed in this research include (1) Why legalizing a settlement in the bankruptcy law does not reelect justice? (2) What are the consequences of legalizing a settlement in the bankruptcy law that does not reflect justice? (3) What is the law construction for legalizing a settlement in the bankruptcy law that is based on the values of justice? The method employed was judicial sociology. Data were collected from interviews, observations, and documentations. Those data were then analyzed using the interactive analysis method. Results show that (1) Legalizing a settlement in both the bankruptcy law and PKPU is not yet based on justice values, especially the value of dignified justice based on Pancasila, namely Principles, 2, 4, and 5. (2) Hindrances in legalizing a settlement among others are; the agreement between a debtor and all creditors or most/the majority of creditors in a settlement offer is not recognized by the panel of judges; It is against the universal principles of agreement, especially the freedom of contract, the principle of pactasuntsevanda, and mutual agreement, and it does not recognize the deliberation between both the debtor and creditors, which is presided by a curator and a supervising judge and is in line with Principle 4 of Pancasila. (3) There needs to be a reconstruction for the ideal values of legalizing a settlement in bankruptcy law and PKPU, based on the values of dignified justice, that is aimed at protecting all parties involved in the settlement and PKPU. Keywords: legalizing a settlement, bankruptcy law, PKPU, dignified justice

REGISTRATION FIDUCIARY GUARANTEE REALIZE LEGAL PROTECTION OF CREDITORS AND DEBTOR Ansharullah Ida; Gunarto Gunarto; Jelly Leviza
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In Article 11 of the Law of Fiduciary determined that the object is in the territory of the Republic of Indonesia or outside the territory of the Republic of Indonesia. Bound by fiduciary shall be registered at the registration office fiduciary duties within the scope of the Department of Law and Human Rights. Fiduciary guarantee a follow-up agreement set out in the fiduciary deed as collateral for the repayment of certain money. This became the preferred fiduciary guarantee for creditors if the fiduciary is registered in Fiduciary Registration Office. This is because the preferred position is guaranteed for their registration. The imposition of fiduciary must be made by Deed in Indonesian and thus constitute a fiduciary warranty deed. Imposition by fiduciary guarantee are then required to be registered in Fiduciary Registration Office. The obligation is in terms of the binding fiduciary and fiduciary registration so that the object of the guarantee that has the power of binding and has the same executorial court decision. Keywords: Fiduciary and Legal Protection.

CONSISTENCY MODEL OF COURT DESIGNATION TO FOSTER PARENT RIGHTS AUTHORITY DUE TO DIVORCE ON CHILDREN Erna Trimartini
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This paper is entitled " The Consistency Model of Court Designation to Foster Parent Rights Authority Due to Divorce on Childern" is the result of research competitive grants funded by the Ministry of Research and Technology. This study found a model: "BP4 Friends of Children". BP4 is an Advisory Board, Development, Preservation of Marriage, which has activities that aims to reduce the number of divorces. In the passage of time, the role of BP4 increases, which also carries out advisory couples who file for divorce / divorce in religious court. This activity is considered highly strategic in order to reduce the divorce rate. However, in case they are unsuccessful, then the role of a mediator BP4 needs to be optimized for husband and wife to make children care power of attorney agreement. Results of power agreement children custody rights set forth in the minutes that can be used as the basis for the judge in making the determination of rights of custody of the children's power of divorce. Therefore, it is necessary to provide strengthening the role of BP4. The reinforcement is in the form of policy formulation "BP4 Friends of Children", which regulates BP4 role as a mediator for a husband and wife who file for divorce / divorce in making children care power of attorney agreement. Keywords: BP4 Friends of Children, children care power of attorney.

The Role of Law in the Poverty Reduction Strategy Lantik Kusuma Aji
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Poverty reduction strategy must be executed properly in order to run development are able to accelerate the implementation of poverty reduction programs. This study aims to analyze the legal role in poverty reduction strategy. This study uses the method of normative legal research done by researching library materials or secondary data alone. Laws are patterns of institutionalized social behavior, exist as a social empirical variables. The data collection is done with the documentary studies and observations in order to obtain primary data and secondary data. Analysis of data using qualitative analysis inductive logic thinking. The results showed that the law plays an important role as a foundation to set poverty reduction strategy. Implementation of legal products is still not entirely on target. The poverty rate still can not be reduced to the maximum. Poverty reduction strategies in the region must be completely in accordance with the level of needs and benchmarks that have been set by the central government. In theory the working of the law can be explained: 1) Component Structure Law, the implementation of poverty reduction has been coordinated. Secretariat of the Vice President established the National Team to Accelerate Poverty (TNP2K). At the level of government district or city, poverty alleviation legal structure led by deputy regent and cooperate with related government agencies are Bappeda and related local government offices including the Department of Education, Department of Health, Department of Public Works, Social Service Manpower and Transmigration, Department of Agriculture Plants food and Horticulture, Department of Cooperatives, SMEs and Industry, and other appropriate agencies of local government respectively. ; 2) Substance Components law, regulation on accelerated poverty reduction strategy already has a foundation of clear laws that have a strong foundation in planning strategies for the right target. But there is no regulation governing the sanction of the central government to local governments that do not run the regional poverty reduction strategy in accordance with the provisions of the central government; 3) the accuracy of regional poverty reduction target acceleration may be constrained by political factors. Regional winner of the election will get the infrastructure development that support economic growth. A poor area and is the target of poverty reduction can be marginalized because of the attitude that is more concerned with the acquisition of sound regional elections. Keywords : development strategy, poverty reduction, the role of law on economy

DISCOURSE POLITICAL LAW IN INDONESIA ON A COMPLETATION OF PLATO PHILOSOPHY Adrianus M. Nggoro
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This paper is a literature review with a comparative approach, meaning that the philosophy of Plato to study the concept of policy and law in the state of Athens, Ancient Greece. Then the authors analyze the advantages of the concept of Plato's political philosophy as a critical review of the political reform laws in Indonesia. The results of the literature review showed that from a conceptual perspective, philosophical, ideological, political jurisdiction of law in Indonesia aimed at the welfare of a just and prosperous society, in peace and prosperity, both physically and mentally, it is listed in Pancasila and the 1945 Constitution (UUD 1945). Political concept of Indonesian law is very relefan with political philosophy pioneered by Plato. But the political implications of the law of Indonesia dominant sourced on codification. The history of law in Indonesia experienced political dynamics. It was caused by political energy which dominate the role of law, so many national degradation: corruption, human rights, the financial crisis, removing P4 (as practice guidelines Pancasila). Therefore, learn to Plato, the ancient Greek philosopher. According to Plato the role of natural philosophy, philosophy of nature is very important to establish a governance structure. Relating this, the authors offer a return policy should apply P4, based on customary law and the need to establish a new state institutions, namely State Agency Professor (LTNP). LTNP of authority is a board of experts who contributed to the state policy. LTNP as a level to state institutions RI: executive; legislative and judicial).. Keywords: Political Law, Philosophy of Plato, Indonesia

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