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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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POLA SANKSI ADMINISTRATIF BAGI PERUSAHAAN PENYEDIA JASA TENAGA KERJA INDONESIA TERHADAP PERLINDUNGAN BURUH MIGRAN INDONESIA DI LUAR NEGERI Sulistiyono, Tri; Herlambang, Pratama Herry; Salsabila, Masyita Isnadya Risky
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 same significant risk also overshadows the lure of high wages to be a migrant worker abroad. The number of workers moving from home to foreign countries is increasing. The high risk and high interest cause migrant workers to be vulnerable to being deprived of their rights; therefore, they need to be protected by the state. This study seeks to examine the application of the pattern of sanctions obtained by companies providing labor services as migrant workers and protection for Indonesian migrant workers. The research was conducted using an empirical juridical approach where the reality that occurred in the field was studied and compared with the applicable legal provisions. The aim is to find out the legal protections for migrant workers and the sanctions for Indonesian Manpower Service Providers.
PUTUSAN MAHKAMAH KONSTITUSI YANG TIDAK DILAKSANAKAN DALAM PENGUJIAN UNDANG-UNDANG DITINJAU DARI ASAS ERGA OMNES Pradana, Fadly Ikhsan
Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The Indonesian Constitutional Court was formed based on the Amendment to the 1945 Constitution of the Republic of Indonesia.. The Constitutional Court in giving decisions must be implemented and obeyed in general (erge omnes). However, there are still state officials who do not implement the Constitutional Court decisions. Based on the 2019 academic report issued by the Faculty of Law, Trisakti University, 22 percent did not carry out the decisions ordered by the Constitutional Court. The research method used by the author is normative juridical using library materials. There is a Constitutional Court Ruling that cannot be implemented, namely the imposition of Article 335 of the Criminal Code with an unpleasant phrase. Based on this, the provision has no binding law. The factor of the inability to implement the Constitutional Court decision is that there is no executing institution and support from political parties. It can be summarized that there is a need for an executor and given a clear time statement.
TANGGUNG JAWAB HUKUM TERHADAP KERUSAKAN LINGKUNGAN DALAM KASUS LUMPUR LAPINDO MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2020 (UU CIPTAKER) Rosadi Zega, Yuliana Silvy
Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

The narrative about the establishment of Law No. 11 of 2020 has been realized through the ratification of The Job Creation Act on November 2, 2020 by President Jokowidodo. The establishment of The Job Creation Act aims to harmonize legislation that has been considered to hinder the investment and development climate. The number of related legislation causes hipper-regulation regulations so it may be ineffective. The existence of The Job Creation Act combines several instruments of law. One of them is the Law of Environmental Protection and Management (UUPPLH) which was originally regulated in Law No.32 of 2009. As for the substance of environmental issues in The Job Creation Act, some of them have been changed, revoked, and replaced with a new provisions, including provisions on the concept of responsibility in environmental law which known as strict liability. The author takes the description of the case of Lapindo Mud which is the case has not been completed until now as an example of the validity of strict liability principles for businesses whose activities cause environmental damage. This research is a normative juridical research with a statue and case approach. The data used is secondary data. The results showed that the concept of strict liability in The Job of Creation Act experienced a dis-orientation of meaning due to the removal of the phrase "without proof of the element of error". Under The Job of Creation Act, in the case of Lapindo Mud, the party subject to have strict liability is Lapindo Brantas Inc. and the government in this case are also responsible for the disaster, but do not assume to the strict liability.
PENERAPAN TANGGUNG JAWAB MUTLAK RUMAH SAKIT DALAM PELAYANAN KESEHATAN DI INDONESIA Al Fikri, Muhammad Ainurrasyid; Najicha, Fatma Ulfatun
Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Dokter dan pasien merupakan hubungan hukum dalam suatu perikatan usaha (inspanning verbintenis) dan bukan perikatan hasil (resultaat verbintenis). Meskipun begitu, dokter tetap bertanggung gugat atas segala kelalaian yang membawa kerugian bagi pasien. Hingga saat ini masih terdapat kebingungan di Indonesia, apakah tanggung gugat medis didasarkan atas wanprestasi atau perbuatan melawan hukum, meskipun sebagai inspanning verbintenis dasar gugatan yang lebih tepat untuk digunakan adalah perbuatan melawan hukum. Penelitian ini dilakukan dengan melakukan perbandingan hukum dengan pendekatan undang-undang, pendekatan konseptual serta pendekatan kasus. Analisis kasus tanggung jawab mutlak di Indonesia sangat diperlukan guna memberikan keadilan bagi masyarakat terutama dalam hukum kesehatan.
PERLINDUNGAN HUKUM TERHADAP PEMEGANG SERTIPIKAT TANAH PENGGANTI KARENA HILANG Maulani, Lenny Maulani
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

A certificate of land rights is a proof of right that is very strong. With the issuance of a certificate, a person can easily prove that he is the holder of land rights. But what if the certificate is lost. In such circumstances it is possible to issue a replacement certificate. We will discuss how the procedure for issuing a replacement certificate for lost replacement certificate and legal protection for the holder of a lost replacement certificate. The research method used in this journal is a normative juridical research method or a statutory approach. The results of this research, if the certificate is lost, can apply for a replacement certificate to the local Regency / City Land Office in accordance with the applicable procedure. Legal protection for replacement certificate holders is the same as for first-time registration certificates. Because after the issuance of the replacement certificate, the lost certificate is canceled. So that the lost certificate is no longer valid. Keywords: Legal Protection, Substitute Certificate, Land Certificate
PERLINDUNGAN PEKERJA MIGRAN INDONESIA DITINJAU DARI ASAS KESETARAAN DAN KEADILAN GENDER Rahman, Dina Fauzhar
Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Protection stipulated in Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers is all efforts to protect the interests of prospective Indonesian Migrant Workers and / or Indonesian Migrant Workers in order to ensure the fulfillment of their rights in all activities before work, during and after work. The method used is descriptive qualitative with a normative juridical approach. The results show that the protection of Indonesian Migrant Workers in terms of the principles of gender equality and justice can be seen in indicators of gender equality and justice, namely; 1). access, 2). participation, 3). Control and 4). We can find benefits in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers which are scattered in the provisions of this Law, namely: 1). Protection in Pre-Placement, 2). Protection at the time of placement, and 3). Protection after placement, as well as legal, social and economic protection. So it can be concluded that this law is responsive to gender equality and justice. Efforts to protect Indonesian Migrant Workers are viewed from the principles of gender equality and justice. Namely by way of the Regulatory Structuring Efforts carried out by the government to improve Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad with the new Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers based on equality indicators. and gender justice, namely; 1). access, 2). participation, 3). control and 4). benefits, which are oriented towards the protection of Indonesian Migrant Workers without discrimination.
PENEGAKAN HUKUM ADMINISTRASI NEGARA TERHADAP IZIN PENGELOLAAN HUTAN MENURUT UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN Adellea, Alitsha Jasmine
Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Forests are very important in the life and environmental conservation that management needs to be improved in order to realize the role and function optimally. The method used is normative research method is a procedure of scientific research to find out the truth based on scientific logic of the normative legal. As for the forest management permit consists of; forest utilization license, permit utilization of environmental services, permits for harvesting timber and non- timber, each of the production forests and protected areas and permit utilization of timber and non-timber forest production.
TANGGUNG GUGAT ASURANSI TERHADAP KERUSAKAN LINGKUNGAN HIDUP DI INDONESIA hermawan, sapto -; Rakasiwi, Deviana Az Zahra; Khayanto, Miftah Nur; Ridhlo, Muhammad Rosyid
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Insurance liability for environmental damage has been accommodated in Law Number 32 of 2009 concerning Environmental Protection and Management. However, in its implementation there are still many shortcomings and obstacles, both internal and external factors. This journal discusses the implementation of insurance liability for environmental damage in Indonesia according to Law No. 32 of 2009 and the development of the implementation of insurance liability in Indonesia for environmental damage compared to Singapore and Poland. To obtain complete and accurate data in this study, the author uses normative or doctrinal legal research. Environmental Insurance is very important. However, in its development, environmental insurance is still considered new for Indonesian citizens. In its own implementation environmental insurance is still not going well due to various obstacles, one of which is the lack of regulations regarding environmental insurance. The same thing happened in Singapore, where there was still a lack of regulation or implementation, in contrast to Poland, which already had awareness about the importance of good environmental insurance.
ANALISIS YURIDIS PEMBUANGAN LIMBAH PABRIK GULA MADUKISMO DI LINGKUNGAN PADAT PENDUDUK Aji, Iswara Prasetya
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

In carrying out environmental protection and management in the context of environmentally sustainable development, it is necessary to pay attention to the level of public awareness and global environmental developments, as well as international legal instruments related to the environment. People's awareness and life towards environmental protection and management has grown to the point where it is necessary to improve ways to achieve sustainable development goals from an environmental perspective. The regulations stipulated in Law no. 32 of 2009 concerning Environmental Protection and Management, especially in Chapter VII, states that hazardous and toxic materials and hazardous and toxic waste must be managed to minimize the waste treatment system, which poses a small risk to the environment, human survival and other organisms. By realizing this, hazardous and toxic materials and their waste need to be protected and managed properly.
TINGKAT KEPATUHAN DISIPLIN PNS OLEH PEGAWAI NEGERI SIPIL DI LINGKUNGAN KABUPATEN PEMALANG Kumala, Mentari Berliana; Aulia, Mila Rizki; Adiyatma, Septhian Eka
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Department of Constitutional and Administrative Law, Faculty of Law Universitas Negeri Semarang (UNNES).

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Abstract

Civil Servants, which were later abbreviated as PNS in Law (N0).5 of 2014 concerning State Civil Apparatus, are tasked with providing services to the community in their bureaucratic structure towards a good governance structure. PNS according to Government Regulation No. 53 of 2010 which regulates the discipline of civil servants is made with the aim of taking disciplinary action for the bureaucracy so that it can carry out its duties and obligations to the community with good work procedures. This study will examine how the implementation of civil servant discipline in the Pemalang Regency environment and how to overcome the obstacles found in its implementation. The purpose of this study was to determine the implementation of Government Regulation No. 53 of 2010 and the awareness of civil servants in responding to the rules that apply in Pemalang Regency. This research method uses sociological juridical, with analytical descriptive which will produce primary and secondary data related to the application of civil servant discipline, the analytical method used is qualitative analysis which will produce in-depth research in order to find out the problems that arise and can provide existing solutions.

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