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INDONESIA
Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : 26543125     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
ISLRev is intended to be a scientific and research journal for academics, legal scholars, and legal practitioners with focuses on, but not limited to, constitutional law, and state law, administrative law, and all related issues concerning to state law studies. The Journal publishes contemporary articles on law and case analysis, and the Journal published within Bahasa and English both print and online version. The ISLRev is also intended to be Indonesia’s forum for discussion and analysis of constitutional as well as state law issues that affect practitioners. Each issue on ISLRev includes insightful analysis and discussion on state law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 107 Documents
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PENGARUH ASAS KERAHASIAAN DATA DAN INFORMASI WAJIB PAJAK PADA PENGAMPUNAN PAJAK (TAX AMNESTY) TERHADAP PENEGAK HUKUM DI INDONESIA Damayanti, Ratih
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): ISLRev 2(1) Oktober 2019
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The purpose of this article is to find out the implementation and issues of confidentiality principle in Act No. 11 of 2016 concerning Tax Amnesty and to determine the effect of the principle of confidentiality of data and information on taxpayers in Act No 11 of 2016 concerning Tax Amnesty for law enforcement in Indonesia. The principle of confidentiality in Tax Amnesty provides a potential moral hazard. A moral hazard occurs because of the opportunities that enable these actions to materialize. Opportunities for Fiscus and Taxpayers to meet in person. This has the potential to cause a gray area between the Taxpayer and the Fiscus which can cause a moral hazard to the Taxpayer. The authority of the Fiscus is prone to be misused so that it can lead to several criminal actions that can be carried out, namely embezzlement or corruption that can harm the country's finances. When the crime occurs at a Tax Amnesty Taxpayer, it will be difficult to enforce the law because the data and information sourced from the Statement and the attachments that are administered cannot be used as a basis for investigation, investigation, and/or criminal prosecution of the Taxpayer cannot be used as a basic investigation, investigation and/or criminal prosecution of taxpayers.
ANALISIS DAMPAK PERMINTAAN NAIKNYA UPAH MINIMUM TERHADAP PEREKONOMIAN, HUKUM DAN KESEJAHTERAAN NASIONAL Dewi, Mentari Berliana Kemala
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): ISLRev 2(1) Oktober 2019
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The purpose of this article is to show the impact caused by the Minimum Wage on the National economy. approach used In avoiding the exploitation of labor in Indonesia, the government as the highest authority of the country, issues labor regulations. The regulation regulates the Minimum Wage that companies must pay to workers. The minimum wage is a safety device from the government to prevent the exploitation of Indonesian workers. However, many of the Indonesian workers are not aware that the application of the minimum wage is by the decent standard of living set by the government. They do a lot of prosecutions so that the minimum wage they get is always increasing. If analyzed, the demand for rising minimum wages will also harm the nation's economy. In other words, that the government policy regarding minimum wages, which had wanted to protect labor exploitation, if not implemented properly, would adversely affect the economic development of thecommunity.
IMPLEMENTASI SISTEM ALIH DAYA ATAU OUTSOURCING DALAM MENCAPAI KESEJAHTERAAN PEKERJA INDONESIA DITINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 ftriyaningrum, Julyatika
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): ISLRev 2(1) Oktober 2019
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The purpose of this article is to examine the implementation of outsourcing systems in Indonesian labor law. In implementing this system there are differences, namely the implementation in the field and what is stated in the contents of the Act. So that in reality the implementation of labor law has not been able to create a harmonious relationship between workers or workers and employers and has not been able to improve the welfare of workers/laborers. Based on Article 66 of Law No. 13 of 2003 the implementation of the outsourcing system is only allowed if it does not involve the main activities (core business) or activities that are not directly related to the production process. These activities include cleaning service businesses, provision of food (catering), businesses of security personnel, the business of supporting services in mining and petroleum, as well as efforts to provide transportation for workers/laborers. The interpretation of outsourcing provided by the Act, in reality, is still very limited compared to the needs of the business world today. The rights that must be obtained by outsourcing employees are getting wages, overtime pay, getting leave rights, THR or holiday allowances, social security protection, and layoff compensation.
UPAYA PENINGKATAN DAYA DUKUNG LINGKUNGAN MELALUI PENERAPAN PRINSIP SUSTAINABLE DEVELOPMENT BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Cahyani, ferina Ardhi
Indonesian State Law Review (ISLRev) Vol 2 No 2 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Environmental problems are increasing every day. This results in a decrease in the carrying capacity of the environment. Population growth also puts a burden on the carrying capacity of the environment. To improve the quality of carrying capacity, it is necessary to implement the principle of sustainable development. With the implementation of sustainable development principles that balance economic, social and environmental aspects, the quality of the carrying capacity of the environment will be better so that the availability of natural resources for future generations will be guaranteed.
Transparansi Keuangan Dalam Partai Politik Muhtar, Said
Indonesian State Law Review (ISLRev) Vol 2 No 2 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.345 KB) | DOI: 10.15294/islrev.v2i2.38528

Abstract

The aim of the article is to analyze financial transparency of the political parties. The methods used normative Juridical. Political parties are an important element of the state system in a country that adheres to the principle of democracy. Political parties can be a place for people to channel their aspirations, but increasingly. Therefore, as an important element in order democracy, political parties must begin to improve more transparent to the public about the management and use of party funds. Law No. 14 of 2008 has provided a standard for political parties wishing to uphold the agreement by making an Information Management and Documentation Officer (PPID).
UNSYNCHRONIZED IMPACT OF LEGAL REGULATION ON THE LOSS OF STATE’S STANDING FOR THE PREFERENCE RIGHT OF TAX DEBT IN BANKRUPTCY Damayanti, Ratih; Abdi, Fitriani
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The state has a preference right (priority) to collect tax debts on goods which belong to the taxpayer (debtor), meaning that the state's position as a preferred creditor is declared to have advance rights to the taxpayer's property to be auctioned in public. Preference rights by the State for paying off tax debts are in fact not as easy as imagined, there are disharmony in several laws and regulations, namely between the Taxation, Bankruptcy and Labor Laws and the Constitutional Court Verdict No.67/PUU-IX /2013 and other problems that affect the State's pre-emptive rights over paying tax debts. The objective of this study is to determine the impact of disharmony of Legal Regulations relating to Debt Repayment in Bankruptcy Against the State's Standing on Preferential Rights of Tax Debt. Based on research, the position of laborers' wages in Constitutional Court Decision No. 67/PUU-XI /2013 contrary to the provisions of the KPKPU Code which regulates labor wages as a bill of general preferred creditors and based on the principle of lex posteriori derogat legi priori, the position of laborers' wages in bankruptcy is based on the provisions of the KPKPU Code which overrides the provisions of Code No. 13 of 2013. Second, the consideration of the Constitutional Court on Verdict No. 67/PUU-XI/2013, is not in same direction with the provisions of the KPKPU Code which regulates that the wages of workers owed both before and after the bankruptcy was declared is a bankruptcy debt.
PERAN DINAS KOMUNIKASI DAN INFORMATIKA KOTA SERANG DALAM PENYEBARLUASAN INFORMASI DAN TATA KELOLA PEMERINTAH DAERAH Dewi, Lia Riesta; Furqon, Eki
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

This article aims to analyze the objective condition for disseminating information on development performance and governance in the Serang City Government? What are the obstacles and obstacles for the City of Serang Communication and Information Technology in disseminating information on the development performance and governance of the Serang City Government? Where the current millennial era certainly requires information technology support, for example, by using the internet as an instrument for disseminating information by using online or online-based support. This study uses a qualitative research method with a normative juridical and empirical juridical approach. The information dissemination system needs a sustainable effort in structuring instrument by implementing the use of information technology as an intermediary and a more coordinated and consolidated chain of information dissemination, as well as stimulating the acceleration of the presence of smart government as a support for the realization of an informative society in Serang City. Of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.
SENGKARUT DAN KETUMPULAN REGULASI PENYELESAIAN SAWIT RAKYAT DALAM KAWASAN HUTAN Muazis, Mohammad Hasan
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Indonesia is the largest palm oil exporting in the world with a yield reaching USD 1,868 billion in July 2020. This condition is supported by the palm oil cover area which reaches 16.391 million hectares. However, the oil palm plantation sector still has various problems ranging from welfare, the environment, regulations, and human rights. This research will discuss about the welfare conditions of smallholder oil palm farmers in forest areas and regulations related to this issue. Basically, oil palm is Indonesia's export economic potential in the plantation sector, but in practice there is still social imbalance and various policy steps need to be taken to address this problem.
PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARAN Herlambang, Pratama Herry; Sulistiyono, Tri
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The State Administrative Court (PTUN) is a place to find the real truth about the actions of state administrative officials that are not under the General Principles of Good Governance (AAUPB), for people whose interests and rights are taken away by parties who are deemed to be acting arbitrarily against other parties. The decisions that have been produced during the proceedings at the PTUN will undoubtedly have an impact which is expected to make a positive contribution in formulating a system of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.
PUTUSAN MAHKAMAH KONSTITUSI NOMOR 53/PUU-XV/2017: SEBUAH PERJALANAN MENJADI PESERTA PEMILU 2019 Ermansyah, Edo Rizky
Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): ISLRev
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Political parties have a long way to go to be seen as election participants. Some several stages and mechanism must be taken: registration, administrative research, factual levers. The construction of political party registration for the 2019 general election is regulated in Article 173 paragraph (1) and 173 paragraph (3) of Law Number 7 of 2017 concerning General Election. The two provisions of the norm of the article are then subject to review at the Constitutional Court. The Petitioner in this case is the Ideal Party represented by the General Chairman. The Constitutional Court then granted the petitioner's petition partially with the articles being tested as long as the phrase “already determined” in Article 173 paragraph (1) does not have binding legal force and Article 173 paragraph (3) has no binding legal force

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