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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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The Existence of Village Regulations as a Realization of Good Governance in Development Implementation (Study in Putatgede Village, Ngampel District, Kendal Regency)
Indonesian State Law Review (ISLRev) Vol 1 No 2 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.38438

Abstract

The concepts and theories used in this study are the concept of good governance, Stufenbau theory, development model theory, and economic theory based on Pancasila. The research approach is qualitative law with a type of juridical-sociological research. village development. Data sources use primary, secondary, and tertiary data sources with data collection techniques in the form of interviews, documentation, and observation. The records are then checked for validity through data validity with triangulation techniques and using data analysis with qualitative analysis. Putatgede Village Administration has promulgated eleven Decree for 2016 with details of five of them in the field of development. Putatgede Village development priority is used for infrastructure development because the majority of the village community with a total of 719 (per head of family) is a food crop farming family. The results showed the existence of Village Regulations in the field of development implementation can realize good governance which includes the principles of legal certainty, orderly governance, public order, openness, proportionality, professionalism, accountability, effectiveness and efficiency, local wisdom, diversity, and participatory. The Putatgede Village development model based on village regulations is Pancasila-based economic development with a sustainable development approach. The conclusions of this study are (1) indicators of good governance through the implementation of Article 24 of Law Number 6 of 2014 concerning Villages that have been implemented well; (2) The model of community economic development is implemented by placing the village community as the subject and object of development. Suggestions for this research are (1) the recommended training on good governance for the Village Government; (2) the need for additional economic activities in Putatgede Village, especially the development of micro, small and medium enterprises.
The Implementation of the Employment Social Security Program for Non-Wage Workers in the Semarang City Region in View from the Minister of Manpower Regulation number 1 of 2016
Indonesian State Law Review (ISLRev) Vol 1 No 2 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v1i2.38439

Abstract

The purpose of this study is to evaluate the implementation of the employment social security program for non-wage workers in the Semarang area. This study uses a qualitative approach to the type of sociological juridical research. Research data sources are primary and secondary data. Data collection techniques: interviews with the Head of Marketing of the BPU Kancab BPJS Employment Semarang I, Semarang City DPRD Members and Workers who are not wage earners, as well as making observations, and documentation or literature studies. Data validity uses source triangulation with data analysis carried out inductively. Based on the research results obtained, the implementation of the social security program for non-wage workers in the Semarang area has adjusted the Minister of labor Regulation No. 1 of 2016 concerning the Procedures for Implementing Work Accident Insurance, Death Guarantee, and Old Age Insurance for Non-Participants Wage Recipients, it's just that there are breakthroughs outside the regulations set by the BPJS Employment to facilitate participants in getting benefits from the employment social security program, namely payment of flexible fees. Also, some factors become a factor of donors, including easy registration of participants, payment of low contributions, and there is no ceiling limit for medical services in the event of a work accident. Then the inhibiting factors are the lack of awareness of workers in the informal sector, the age limit of being a participant at 56 years, and the low level of the economy. So there needs to be attention from the Government and the Legislature to support the membership of BPJS Employment for non-wage workers.
Beberapa Catatan dari Limitasi atas Limitasi Pengaturan HAM dalam Konstitusi
Indonesian State Law Review (ISLRev) Vol 2 No 2 (2020): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i2.38442

Abstract

Tulisan ini mengulas satu perihal saja, yaitu untuk melihat bagaimana struktur perlindungan HAM dalam Konstitusi di Indonesia khususnya pada UUD 1945 pasca amandemen. Sebagaimana diketahui, hasil amandemen UUD 1945 memasukkan ketentuan HAM dalam Pasal 28A sampai dengan Pasal 28J. Hanya saja, ketentuan-ketentuan mengenai HAM yang terdapat dalam Pasal 28A hingga Pasal 28J tidak memberikan pengaturan yang jelas mengenai pembatasan yang dapat dilakukan atas pembatasan hak.
Dampak Ditetapkannya Peraturan Daerah Nomor 9 Tahun 2016 Tentang Pembentukan dan Susunan Perangkat Daerah Terhadap Kinerja Satuan Kerja Perangkat Daerah (SKPD) di Lingkungan Pemerintah Provinsi Jawa Tengah
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38443

Abstract

The purpose of this article is to examine the impact of enacting Perda No. 9 of 2016 on the performance of SKPD and budget differences before and after the SKPD downsizing. the method of approach used is Sociological Juridical. The results showed the impact of the enactment of Regional Regulation No. 9 of 2016 concerning the Formation and Arrangement of Regional Apparatuses on the Performance of Regional Work Units (SKPD) in the Central Java Provincial Government Environment is the change in the number of SKPDs which resulted in changes in the quantity number of staff, the organizational structure in each SKPD, then changes are also felt in the SKPD's performance due to the grading and most recently there is a change in the budget issued by the Central Java Provincial Government due to the SKPD downsizing. The conclusions of this study are: (1) The impact of the enactment of Regional Regulation No. 9 of 2016 concerning the Formation and Arrangement of Regional Apparatuses on the performance of SKPD in the Central Java Provincial Government is more optimal and effective because it is in accordance with the main tasks and functions as well as the appropriate workload, although there is a slight obstacle to the task adjustment at an early stage it is not an obstacle considering the professionalism of employees in the Central Java Provincial Government; (2) Comparison of the budget before and after the SKPD downsizing naturally occurs, the budget issued is higher in view of the addition of structural officials in each SKPD and the existence of Regency / City Regional Government which is the Central Java Provincial Government's affairs.
Impementasi Sistem Pengendalian Internal Pemerintah (SPIP) Oleh Badan Pengawas Keuangan dan Pembangunan (BPKP) dan Inspektorat di Provinsi Jawa Tengah Berdasarkan Perspektif: PP. No 60 Tehun 2008 Tentang Sistem Pengendalian Internal Pemerintah (SPIP)
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38444

Abstract

The aim of this article is to examine the Implementation of Government Internal Control System (SPIP) by the Financial and Development Supervisory Agency (BPKP) and Inspectorate in Central Java Province Based on Perspective: PP.No 60 Tahun 2008. This research uses qualitative research approach methods with the type of juridical-sociological research. The results of this study are the implementation of SPIP in Central Java Province: leadership commitment has not been supported to implement SPIP in accordance with applicable regulations; Risk Assessment, documented mapping has not been carried out; Control Activities, the implementation of the review is still limited to the formality of fulfilling data requests from the SKPD. (2) there are still obstacles in the implementation of SPIP including the Standard Operating Procedure (SOP) which is not yet perfect, Oversight has not been effective, Recommendations are not followed up, Delays in Office Financial Reports, Weak Control, and Weak Communication, Lack of Commitment, Leadership Non-conducive, the next Weak Human Resources who become the absence of Regional Regulation or there is no law on the implementation of SPIP, Problem of Time Period. Conclusions from the results of the study are still lacking commitment from SKPD Leaders in Central Java Province even though the Governor of Central Java to apply SPIP in accordance with applicable provisions has not yet been documented mapping and monitoring. The implementation of the review is still limited to the formalities for fulfilling data without evaluation and monitoring of activities
Model Partisipasi Masyarakat Kabupaten Jepara dalam Pembentukan Peraturan Daerah (Studi Kasus Tentang Pembentukan Peraturan Daerah No. 9 Tahun 2013 Tentang Retribusi Pelayanan Pasar di Kabupaten Jepara)
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38445

Abstract

The purpose of the article is to describe the model of community participation in the formation of Law no. 9 of 2013 concerning Market Service Levies and discovering the obstacles. Conducting research occurs naturally, as is in normal situations, and emphasizes description naturally. Then the approach uses Sosiogis Juridical by looking at social geographical conditions which show that intense economic competition causes the orientation of society to tend to how their efforts to meet economic needs. The bureaucracy carried out by the government has not provided space for the public. Although the procedure in establishing a local regulation on market service fees involves various elements such as representatives of market traders, the process is only limited to formality. The community participation model of the Jepara Regency in the formation of a Regional Regulation has been quite high, but in the last 5 years, there has been a decrease in the level of community participation in the formation of a Regional Regulation. The low level of community participation in the formation of local regulations is due to the absence of a forum for channeling aspirations.
Pengaruh Asas Kerahasiaan Data dan Informasi Wajib Pajak Pada Pengampunan Pajak (Tax Amnesty) Terhadap Penegak Hukum di Indonesia
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38446

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
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38447

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
Indonesian State Law Review (ISLRev) Vol 2 No 1 (2019): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.38448

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
Indonesian State Law Review (ISLRev) Vol 2 No 2 (2020): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i2.38472

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.

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