Indonesian State Law Review (ISLRev)
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.
Articles
107 Documents
<![CDATA[Transparansi Keuangan Dalam Partai Politik ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 2 No 2 (2020): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v2i2.38528
<![CDATA[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).]]>
<![CDATA[PUTUSAN MAHKAMAH KONSTITUSI YANG TIDAK DILAKSANAKAN DALAM PENGUJIAN UNDANG-UNDANG DITINJAU DARI ASAS ERGA OMNES ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i2.45660
<![CDATA[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.]]>
<![CDATA[TANGGUNG JAWAB HUKUM TERHADAP KERUSAKAN LINGKUNGAN DALAM KASUS LUMPUR LAPINDO MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2020 (UU CIPTAKER) ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i2.46528
<![CDATA[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.]]>
<![CDATA[PENERAPAN TANGGUNG JAWAB MUTLAK RUMAH SAKIT DALAM PELAYANAN KESEHATAN DI INDONESIA ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i2.46579
<![CDATA[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.]]>
<![CDATA[PERLINDUNGAN PEKERJA MIGRAN INDONESIA DITINJAU DARI ASAS KESETARAAN DAN KEADILAN GENDER ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i2.46975
<![CDATA[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.]]>
<![CDATA[PENEGAKAN HUKUM ADMINISTRASI NEGARA TERHADAP IZIN PENGELOLAAN HUTAN MENURUT UNDANG-UNDANG NO. 41 TAHUN 1999 TENTANG KEHUTANAN ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 2 (2021): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i2.47249
<![CDATA[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.]]>
<![CDATA[UNSYNCHRONIZED IMPACT OF LEGAL REGULATION ON THE LOSS OF STATE’S STANDING FOR THE PREFERENCE RIGHT OF TAX DEBT IN BANKRUPTCY ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i1.48947
<![CDATA[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.]]>
<![CDATA[PERAN DINAS KOMUNIKASI DAN INFORMATIKA KOTA SERANG DALAM PENYEBARLUASAN INFORMASI DAN TATA KELOLA PEMERINTAH DAERAH ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i1.48950
<![CDATA[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.]]>
<![CDATA[SENGKARUT DAN KETUMPULAN REGULASI PENYELESAIAN SAWIT RAKYAT DALAM KAWASAN HUTAN ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i1.48951
<![CDATA[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.]]>
<![CDATA[PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARAN ]]>
<![CDATA[ Indonesian State Law Review (ISLRev) Vol 3 No 1 (2020): Indonesian State Law Review ]]>
Publisher : <![CDATA[Universitas Negeri Semarang (UNNES) ]]>
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DOI: 10.15294/islrev.v3i1.48952
<![CDATA[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.]]>
