Articles
348 Documents
UNDANG-UNDANG CIPTA KERJA DAN DAMPAKNYA TERHADAP MASALAH LINGKUNGAN
Raesitha Zildjianda;
Iskandar Muda;
Dian Herlambang
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3379
With the passage of the Job Creation Law in October 2020, it has given rise to new polemics in it, one of which is the problem with the environment. Several provisions in the Draft Job Creation Law (Cipker) have clearly illustrated that the government only focuses on the growth of the country's economy, without further consideration of the ease of investment licensing that adversely affects the environment so that it harms the general public. One of the concerns in the Job Creation Law is the environmental licensing rules for business actors. The various rules in the Act have cut some of the bureaucracy in investments that intersect with the environment. Now, investment permits are no longer uniform, but risk-based. Likewise, there have been a number of changes in the assessment procedure of the Environmental impact Analysis. This paper examines changes in environmental licensing in the Job Creation Law and their impact on the environment. By using qualitative research methods. Keywords: Investment, Environment, Job Creation Law
PENEGAKAN HUKUM LINGKUNGAN SEBAGAI UPAYA PEMBANGUNAN YANG BERKELANJUTAN
Zainudin Hasan;
Maya Zulvi Astarida
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3693
The environment is a part that is tied to human life, the environment contains animal habitats and biodiversity in it, if the environment is damaged it will damage animal habitats and biodiversity around it so that in the end it will lead to the extinction of animals and biodiversity. Illegal logging results in direct or indirect changes to the physical properties and damage to sources of environmental biodiversity, resulting in environmental damage. The problem approach that will be used in this study is the normative juridical approach and the empirical approach. Law enforcement regarding environmental laws as an effort for sustainable development must be strictly implemented, especially in the case of illegal logging. The regulations governing this matter are with the promulgation of Law Number 41 of 1999 concerning Forestry which repeals the enactment of Law Number 5 of 1967. Then it was changed to Law Number 19 of 2004 concerning the Establishment of Government Regulations in Lieu of Law No.1 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry. In addition, the government has also enacted Law Number 18 of 2013 concerning Prevention and Eradication of Forest Damage. Law enforcement is very important, therefore it is hoped that law officials in reducing cases of illegal logging may be able to socialize about environmental damage if logging is illegal if it is carried out continuously to the community, or put up banners regarding prohibitions and sanctions obtained from illegal logging activities. As well as to the community is expected to be able to understand and understand the importance of the environment, let's protect the environment in order to achieve sustainable environmental development. Keywords: Environment, Logging, Law Enforcement.
KEBIJAKAN PENANGANAN AKSI UNJUK RASA YANG DILAKUKAN OLEH PENGUNGSI DARI LUAR NEGERI
Adi Sujatno;
Tiyar Cahya Kusuma;
Eros Shidqy Putra
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3343
Indonesia is not a country that is obliged to accept and take care of refugees from abroad because it did not participate in ratifying the 1951 Convention on the Status of Refugees and the 1967 Protocol on the Status of Refugees. Nevertheless, Indonesia continues to receive refugees every year. It was recorded that until August 2022, the number of refugees in Indonesia was 12,993 people, consisting of 9,713 refugees and 3,280 asylum seekers. Although Indonesia is not obliged to accept refugees, the Indonesian government still accommodates and cares for them because it is based on aspects of Human Rights (HAM). One of the most prominent problems in the handling of refugees from abroad is the rampant demonstrations carried out by the refugees to immediately be placed in third countries. In tackling the problems of the refugees, Presidential Regulation No. 125 of 2016 has been issued regarding the Handling of Refugees from Overseas. However, the Presidential Regulation does not clearly regulate the handling of demonstrations carried out by refugees because basically the refugees are not Indonesian citizens and there is no law that regulates the problem of demonstrations carried out by these refugees.Keywords : Policy, Demonstration, Refugee
THE COVID-19 VACCINATION AS FULFILLMENT THE RIGHTS PRISONER TO GET HEALTH SERVICES
Abdullah Mulyadi Gani;
Baharudin Baharudin;
Lintje Anna Marpaung
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3147
The enforcement of the Circular Letter of the Director General of Corrections Number: PAS-20.PR.01.01 of 2020 concerning progressive steps in controlling the spread of Corona Virus Disease (Covid-19) at the Correctional Technical Implementing Unit is a policy taken in the context of implementing the Covid-19 vaccination at the Correctional Institution Class II Narcotics Bandar Lampung. The purpose of this research are to describe the implementation of the Covid-19 vaccination in the Class II Narcotics Prison in Bandar Lampung as a fulfillment of the rights of the inmates to obtain health servicesand the inhibiting factors for the implementation of the Covid-19 vaccination at the Class II Narcotics Prison in Bandar Lampung. The research using n0rmative and juridical appr0ach. The results 0f this study indicate that the Covid-19 Vaccination at the Class II Narcotics Prison in Bandar Lampung as a fulfillment of the rights of the inmates to obtain health services has been carried out even though not maximal. The implementation of vaccination was 974 prisoner, consisting of 796 prisoner who had undergone the first vaccination, 795 prisoner had undergone the first and second vaccination, 172 prisoner had undergone the first, second and third vaccination. A total of 6 inmates have not been vaccinated because they suffer from comorbidities (2) The inhibiting factors for the implementation of the Covid-19 Vaccination at the Class II Narcotics Prison in Bandar Lampung consist of barriers to the identity of the inmates, namely the duplication of prisoner data, the presence of inmates who do not have ID cards and there is no access to communication to the family of the inmate to confirm the resident number of the inmate. In addition, there are prisoner who suffer from comorbidities so that vaccination cannot be carried out.Keywords: Covid-19 Vaccination, Correctional Inmates, Health
MENGIDENTIFIKASI DITERBITKANNYA ‘SECOND HOME VISA’ BAGI ORANG ASING GUNA MENINGKATKAN PEREKONOMIAN INDONESIA
Annisa Niazela;
Michella Theresia;
Panca Cahaya Kusuma
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3409
The existence of a visa policy in Indonesia is one way to select foreigners who want to enter Indonesia. The existing selection process is adjusted to the category of foreigners who want to enter the territory of Indonesia. In this case, the latest policy of the Directorate General of Immigration regarding the granting of visas for foreigners in Indonesia is the existence of a secondhome visa policy. The second home visa is a policy aimed at allowing foreigners to be more interested in coming to Indonesia and making long-term investments to improve the country's economy. However, as with many other policies, many things are in fact not in line with the expectations of implementing these policies. Therefore, a competent study is needed to identify how effective the granting of a second home visa is for foreigners who want to enter Indonesian territory. This research uses normative research methods with an approach that is carried out on the basis of materials to study theoretical problems related to concepts, views, principles, legal doctrines, legal rules and systems. So as to conclude that the implementation of the second home visa policy in Indonesia still has to be further studied by identifying the effectiveness of the second home visa itselfKeywords : Second Home Visa, Foreigner, Directorate General of Immigration
TINJAUAN YURIDIS PEMELIHARAAN TAMAN KEANEKARAGAMAN HAYATI DIKAWASAN INDUSTRI KIIC SEBAGAI BAGIAN DARI KONSEP PEMBANGUNAN BERKELANJUTAN BERDASARKAN SURAT KEPUTUSAN BUPATI KARAWANG NOMOR : 188/ Kep.370 -Huk/ 2014 TENTANG TAMAN KEANEKARAGAMAN HAYATI TELAGA DESA DI KAWASAN INDUSTRI KIIC KABUPATEN KARAWANG
Herfady Raiza Tifarani;
Teuku Syahrul Ansari
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3233
Karawang Regency is one of the districts with the highest level of rice productivity in West Java. The shift in development patterns and policies that are more directed towards the real sector has resulted in the transfer of land use functions in this district. This can be seen by the growing development of Karawang as one of the cities with a large number of industrial areas in Indonesia (such as Karawang International Industrial City/KIIC, Suryacipta, and others). Factory waste contained in this industrial area can cause environmental pollution that can disrupt the balance of ecosystems in nature. As one of the implementations of the community's economic awareness program as well as a means of improving business capabilities, especially those based on agriculture (agribusiness) for surrounding villages, KIIC together with companies in the KIIC Industrial Estate have created a joint CSR (Corporate Social Responsibility) program that called the Village Lake. The presence of the Village Lake has a positive impact on the environment around the KIIC industrial area because the presence of the village lake can provide jobs for local residents who do not have jobs. Telaga Desa is a joint CSR (Corporate Social Responsibility) program carried out by KIIC and the companies operating in it. This program aims to build a harmonious relationship with residents around the KIIC industrial area, to become an information center for CSR (Corporate Social Responsibility) activities carried out by companies operating in the KIIC industrial area, to help develop economic growth and opportunities for the surrounding community that are appropriate. with a background of expertise, become an agribusiness training center for local communities and company employees, become a place for conservation of rare plants and encourage nature conservation activities through tree planting and the use of simple technology that is environmentally sound.Keywords: industrial area, biodiversity, effort, impact.
POLICY OF TRANSFERRING PRISONERS IN THE CATEGORY OF NARCOTICS DEALERS TO SUPERMAXIMUM SECURITY PENITENTIARY
Akhmad Muttaqien;
Baharudin Baharudin;
Lintje Anna Marpaung
Jurnal Ilmiah Advokasi Vol 11, No 1 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i1.3133
The enactment of the Minister of Law and Human Rights Regulation Number 35 of 2018 concerning the Revitalization of Correctional Administration, one of which regulates the transfer of high-risk prisoners to Super maximum security prisons. Narcotics convicts who are at high risk are those who are included as dealers and narcotics controllers from within the prison. The purpose of this research are to analize: (1) Policy of transferring prisoners in the category of narcotics dealers to Supermaximum Security Penitentiary? Inhibiting factors for the policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security. The research using normative and juridical approach. The results of this study indicate: (1) The policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security Penitentiary was implemented by the Class II Narcotics Prison in Bandar Lampung by transferring 19 prisoners to the Class Special Prison. IIA Karanganyar Nusakambangan and Class IIA Nusakambangan Narcotics Prison. The policy has been implemented even though it has not been maximized, because there are still inhibiting factors. (2) The inhibiting factors for the policy of transferring prisoners in the category of narcotics dealers to the Supermaximum Security Penitentiary as an effort to cut off the circulation of narcotics are the risky behavior of prisoners in the category of narcotics dealers that endanger or have a negative impact on themselves, others and the environment and the process of evaluation and reassessment of prisoners who need a relatively long time.Keywords: Transfer Policy, Narcotics, Super Maximum Security
REVIEWING THE EXISTENCE OF COOPERATION BETWEEN THE DIRECTORATE GENERAL OF IMMIGRATION AND SPONSORS OF INDONESIAN MIGRANT WORKERS
Janurdi Tirto Utomo;
Javier Saviola;
Kevin Abel Panjaitan
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i2.3430
Based on data owned by the Ministry of State-Owned Enterprises (BUMN), donations in the form of state foreign exchange from Indonesian Migrant Workers (PMI) reached IDR 130 trillion in 2021. The benefits provided by the existence of Indonesian migrant workers are certainly beneficial for the Indonesian state itself. Because it is one of the great hopes to help provide foreign exchange for the country, of course it needs to be considered by our government. The empowerment and utilization of Indonesian migrant workers needs to be done very wisely. It is worth considering many things, what's more, Indonesian migrant workers are a very important and sensitive element given that they are human beings. In this case, the existence of Indonesian Migrant Workers is needed by someone as a liaison between the PMI and matters related to administration or so on. The person or company responsible for this matter is commonly referred to as a sponsor or guarantor. The existence of sponsors or guarantors is also needed to bridge the relationship between Indonesian Migrant Workers, which in this case is the Directorate General of Immigration This research aims to review the existence of cooperation between immigration offices and sponsors of Indonesian migrant workers. The method used in this study is the Normative-Empirical method which is carried out by elaborating the  written hukum element which is then supported by the addition of data or empirical elements.Keywords : Indonesian Migrant Workers, Sponsors, Directorate General of Immigration.
LEGAL PROTECTION OF THE RIGHTS OF REFUND OF CONCURRENT CREDITORS IN THE BANKRUPTCY CASE OF PT. BANGUN INVESTA GRAHA (DEBTOR) IS CONNECTED WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND DELAY OF DEBT PAYMENT OBLIGATIONS. (Decision Study: Number 879 K/Pdt.Sus-Pailit/2020)
Wike Nopianti;
Deny Guntara;
Muhamad Abas;
Adyan Lubis
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i2.4004
Law 37 of 2004 states that the debt to the creditor PT has been determined. Bangun Investa Graha can be billed on time, but PT. PPJB is terminated unilaterally and in bad faith by Bangun Investa Graha, which frequently ignores calls from creditors. In accordance with normative legal principles, this study employs qualitative research methods. In this approach, the author employs a normative juridical strategy. It is possible to draw the conclusion based on the findings of the research that has been discussed that Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) does not have any legal function against concurrent creditors who are not guaranteed. When a debtor has debts that are greater than his assets, the responsibilities of the debtor and his directors are not taken into account in the Panel of Judges' decision in this case. Due to the fact that the debtor's assets will not be distributed appropriately if the debtor is declared bankrupt by the court, concurrent creditors will suffer greater losses. The Panel of Judges considered the decision in Renvoi's cassation without understanding why the cassation was rejected—whether the debtor's condition was insufficient to pay creditors or the debtor did not want to pay concurrent creditors.Keywords: Debts, Debtors, Creditors, Losses
LEGAL PROTECTION OF HEALTH PERSONNEL PERFORMING DUTIES DURING THE COVID-19 PANDEMIC
Asshilah, Adelia Nur;
Hasan, Zainudin
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.36987/jiad.v11i2.4421
During this Covid-19 pandemic, many problems have been found that have been faced by health workers in carrying out health service tasks that have the potential to not guarantee legal certainty. The purpose of this study was to determine the factors causing criminal acts by health workers during the Covid-19 pandemic. The research method used is a normative juridical approach by collecting data from literature studies. Based on the research that has been done, it is found that health workers may experience crime from the community, which occurs due to several factors. Pancasila has an ideology and philosophical basis so the principle of legal protection for the Indonesian people is the principle of recognition and protection of human dignity based on Pancasila and the principle of the rule of law based on Pancasila. In other words, the concept of legal protection is an illustration of the function of law, namely the concept that the law provides justice, order, certainty, benefit, and peace. Legal protection for health workers during the COVID-19 pandemic consists of preventive protection efforts and repressive protection efforts. Preventive Protection which is defined as prevention, in other words, is the freedom to act because of the content contained in the legislation to prevent a violation. Repressive Protection serves to solve problems. This protection is in the form of sanctions for violations committed.Keywords: Health Workers, Crime Factors