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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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PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK Irawan, Joshua Evandeo
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).

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.
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 : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.46807

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
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 : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.47415

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 : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.47539

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 : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.49180

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.
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK Irawan, Joshua Evandeo
Indonesian State Law Review (ISLRev) Vol 4 No 1 (2021): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.49842

Abstract

This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.
Implications of Emptying the Religion Column on the Identity Card for the Fulfillment of the Constitutional Rights of the Baha'i People
Indonesian State Law Review (ISLRev) Vol 1 No 1 (2018): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.26936

Abstract

Religion's column is important are mandatory in the civil certificate, eg Identity Card. Discharging the column of religion in the National Identity Card made Baha'i faiths feel equivalent to Atheism. The purpose of this study to examine why people do not want to Baha'i religion column in the Identity Card emptied and the implications of emptying the religion column on the fulfillment of the constitutional rights of Baha'i. This study uses sociological juridical, with qualitative research approach. Sources of data in this study were obtained from a source of primary data and secondary data sources. The primary data obtained through interviews and documentation. While the secondary data is legislation, books, law journals, and previous research. The results showed that (1) People do not want to Baha'i religion column in the National Identity Card emptied because this is a violation of their constitutional rights as citizens of Indonesia, which is the constitution of his rights protected by the state. (2) The implications of emptying the column of religion in the identity cards of the constitutional rights of Baha'i to fulfill the marriage certificate, certificate of birth for children Baha'i. Discharging the column of religion in the National Identity Card is a violation of constitutional rights. It is very significant impact on the fulfillment of the constitutional rights of Baha'i.
Harmonization of Natural Resource Utilization Rights by Indigenous Peoples in the Indonesian Legal System
Indonesian State Law Review (ISLRev) Vol 1 No 1 (2018): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.26937

Abstract

The problem of natural resources aspects involving the indigenous people with the goverments and stakeholders become more sorious. The indigenous people’s position as the minority groups frequently experiencing suppression as the effect of the inforcement of a legislation. Some laws governing the natural resources and communal rights of the indigenous people are not compliance with UUPA as the main law governing the natural resources. According to the facts above, the writer conducted a research using the theory of law harmonization to find the point of problems with the aim of making it easier for the goverments to fix what should be fixed. This normative juridicial research used the method of data collection such as library reserach with the main sources were literature materials and used the research approecher such as statue approach and anality approach. The result of research indicated that there were law disharmony and inconsistent norm toward UUPA because it did not fully elaborated the contains. Many norms overtapped and potentially excluded the communal rights of the indigenous people in using the natural resources were still extremely weak and it caused material and immaterial losses for them.
Ex Ante Review in Realizing the Constitutionality of Laws and Regulations in Indonesia
Indonesian State Law Review (ISLRev) Vol 1 No 1 (2018): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.26938

Abstract

This study aimed to describe the constitutional test models in France and in Indonesia and the prospect of application of the ex ante review in realizing the constitutionality of laws and regulations in Indonesia. The method used by the author is using a normative juridical approach of comparative law. The results showed that the ratio of the most influential position is on the object and the subject of testers. Indonesia's Constitutional Court is subject testers incorporated as a judicial body with the test object in the form of legislation that has been passed and enacted. Whereas in France the Constitutional Council is the subject of testers incorporated as a quasi-judicial body with the test object in the form of draft legislation which has not been enacted. prospects for application of the ex ante review with a name elaborates the basic models of constitutional previews should be considered for implementation in Indonesia, with two alternatives, namely the preview is done by the Constitutional Court or preview conducted by the Legislative Board. This concept is done by a process when a bill has been discussed is obliged to do a preview for the legislation and are non obliged organic law for the non-organic statute law. but the weakness that really stands out is that there is an overlap principle of checks and balances adopted by Indonesia when it is done by the Constitutional Court, and if done by the Legislative Body the authority or the task is still within the scope of the legislature so that they made possible many there is a discrepancy between the bill with Tests of the 1945 Constitution of the draft legislation before it was passed and enacted, consideration of alternative solutions to minimize the unconstitutionality of a law that has been in effect. To accommodate it necessary to do some changes to the 1945 Constitution and the Act governing the MPR, DPR, DPD and DPRD
Implementation of Law Number 14 of 2008 concerning Public Information Disclosure in Realizing Good Governance
Indonesian State Law Review (ISLRev) Vol 1 No 1 (2018): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i1.26939

Abstract

Village asset management is very important in improving rural development and development and can realize good governance. Village asset management that is carried out in accordance with its competence and existing laws and regulations can realize good governance. In this study the author takes the formulation of the problem as follows: First, How is the application of Village asset regulations in realizing good governance in the Kandangmas Village, Dawe District, Kudus Regency? Second, What are the obstacles in implementing Village asset management in Kandangmas Village, Dawe District, Kudus Regency? This study uses the foundation of management theory and good governance as the basis for the management of village assets in Kandangmas Village. The principle of accountability from the concept of good governance is the principle of accountability of government in carrying out good governance affairs. The method used is a qualitative legal approach. This type of research is juridical-sociological. The focus of this research is to describe the implementation of Village asset management in Kandangmas Village. The study location was in Kandangmas Village, Dawe District, Kudus Regency. Research data sources use primary, secondary and tertiary data. Data collection techniques in the study are interviews, literature and documentation. Data validity in this study uses triangulation techniques in the form of source triangulation, technical triangulation and time triangulation. Analysis of this research data by examining all available data from various sources and then drawing a conclusion. Village asset management in Kandangmas Village still uses Kudus Regency Local Regulation Number 9 of 2008 concerning Amendment to the District Regulation Number 17 of 2006 concerning Village Finance as a basic guideline for managing village asset management. Village asset management practices only use the asset inventory stage. In the research principle of accountability the principle of accountability is that the village government must be responsible for the management of village assets. The constraints are only external and internal in the management of village assets in the Kandangmas Village, Dawe District, Kudus Regency. The conclusions of this study are Village asset management held in Kandangmas Village, Dawe District, Kudus Regency, which has not shown a good government in managing Village assets, because accountability principles have not been fulfilled in the concept of good governance and not in accordance with Laws and Regulations governing Village assets management . The Kandangmas Village Government immediately drafted a special Village regulation to regulate about Village asset management as a legal basis so that it can realize good governance in Kandangmas Village.

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