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Mendapo: Journal of Administrative Law
Published by Universitas Jambi
ISSN : 27747840     EISSN : 27747905     DOI : https://garuda.kemdikbud.go.id/journal/view/20102#
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mendapo: Journal of Administrative Law published by the Special Program for State Administrative Law, Faculty of Law, Jambi University. This journal is a publication medium for academics, researchers, and practitioners in the field of law to publish research results or conceptual study articles. The scope of articles published in this journal covers various topics, including (but not limited to): Natural Resources Law; Environmental law; Employment Law; Governmental Law; Local Government Law; Health Law; Agrarian Law; Public Policy Law; Tax law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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DAMPAK DAMPAK OMNIBUS LAW TERHADAP KEWENANGAN PEMERINTAH DAERAH DALAM PENGELOLAAN LINGKUNGAN HIDUP DI INDONESIA: DAMPAK OMNIBUS LAW TERHADAP KEWENANGAN PEMERINTAH DAERAH DALAM PENGELOLAAN LINGKUNGAN HIDUP DI INDONESIA Khoirotul Hijriah, Nurul; Syam, Fauzi
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.28813

Abstract

This research aims to analyze the impact of the Omnibus law on regional government authority in environmental management in Indonesia. The method used in this research is document analysis and literature study. The research results show that adopting the Omnibus law results in changes in environmental regulations that can lead to the degradation of local government authority. Some authorities previously owned by regional governments in environmental management, such as environmental permits, pollution control, and natural resource management, can be transferred to the central government level. This degradation of local government authority in environmental management has a significant impact. One of them is a lack of responsiveness to specific environmental problems at the local level. Different environmental conditions between regions require different approaches to management. If local governments' authority is limited, their ability to deal with environmental problems effectively will also be limited. Apart from that, the degradation of local government authority can also reduce community participation in decision-making related to the environment. Active and involved community participation in environmental management is crucial for sustainable development. However, if local government authority is limited, community participation may be hampered and local interests may not be well represented.
IMPLEMENTASI REFORMASI BIROKRASI DAN PELAYANAN INVESTASI PADA DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU PROVINSI JAWA TENGAH INDONESIA: Implementasi Reformasi Birokrasi dan Pelayanan Investasi Pada Dinas Penanaman Modal dan Pelayanan Terpadu Satu Pintu Enceng, Enceng; Purwaningdyah, Purwaningdyah; Ismiyarto, Ismiyarto
Mendapo: Journal of Administrative Law Vol. 4 No. 3 (2023): Oktober 2023
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v4i3.29290

Abstract

Public service from upstream to downstream is filled with friendship, ethnicity, and political affiliation. It is common knowledge that the public service process, including investment services, is greatly influenced by who gets what in which relationship. The public service process does not have transparency in terms of time, costs, and procedures that must be followed, resulting in complicated procedures and quite high costs. Licensing procedures involving central authority are difficult to issue quickly in a simple process. Regulatory uncertainty is part of bad governance, this challenge must be overcome so that investors are attracted to Indonesia. Investors are not interested in entering Indonesia but have difficulty realizing their investment. The problem is not as easy as turning the palm of the hand to make the investment climate in Indonesia attract investors. Issues related to ease of licensing, overlapping laws and regulations, and regulations that are out of sync are still often heard. The concept of one-stop integrated services to electronically integrated business licensing has been echoed. For this reason, reforming business licensing and regulations is a national priority agenda, the government is committed to providing legal certainty for investors and business actors. This is one method of bureaucratic reform, namely "regulation and deregulation" meaning that for things that have not been regulated, regulations need to be carried out. In contrast, for existing laws and regulations that are considered to cause various problems, deregulation needs to be carried out. This research study method uses a qualitative descriptive approach. Generally, studies of the symptoms, processes and meaning of regulation are more directed at economic regulations which have implications for the economic sector or regulations for economic activities or sectors in a country, especially markets.
OMNIBUSLAW UNDANG-UNDANG PERUBAHAN IKLIM BERDIMENSI KEADILAN BAGI MASYARAKAT DAN LINGKUNGAN: OMNIBUSLAW UNDANG-UNDANG PERUBAHAN IKLIM BERDIMENSI KEADILAN BAGI MASYARAKAT DAN LINGKUNGAN Al Hidayah, Rahmawati; Harjanti, Wiwik; Setya Nugraha, Harry; Retno Susmiyati, Haris; Alfian, Alfian
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.29873

Abstract

This research aimed to find out the urgency and construction of climate change legal reformulation in a sustainable and justice manner. Political legislation related to climate change currently manifests mainly through implementation regulations or even through policy products with less legal standing and binding force than if it is regulated in a law. The method used is normative legal research with a regulatory and conceptual approach. The results show that reformulation is required considering that climate change control efforts have not been effective. The environmental organisations state that various regions are still affected by climate change, experiencing deforestation and depending on the exploitation of natural resources. For these reasons, a new formulation of climate change regulation that ensures justice is to establish an omnibus law on Climate Change. This idea is new, yet still in line with the results of previous studies and research regarding the lack of climate change regulation that is still dispersed in many regulations and/or policies. The omnibus law on climate change is expected to be an instrument of climate change control that has dimensions of justice for society and the environment.
Pemodelan Riset Hukum: Analisis Corak Hukum Lingkungan di Indonesia : PEMODELAN RISET HUKUM: ANALISIS CORAK HUKUM LINGKUNGAN DI INDONESIA Isman, Isman; Novita, Novita
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.30855

Abstract

This research explores modeling in environmental administrative law research, specifically the idealization of legal situations or phenomena, environmental law policy analysis, and specific contexts of environmental administrative law. This research is conducted through a library research approach that utilizes data from Scopus-indexed journal articles from 2022-2024. The analysis focuses on identifying trends, changes, and patterns in various fields of environmental administration law. The modeling research findings offer detailed insights into the dynamics of legal evolution, contributing to formulating policies that respond to complex environmental changes. The research concludes that the evolution of legal ideals and their contexts significantly influence preventive, repressive, curative, and rehabilitative legal research modeling.
Kedudukan Peradilan Pajak dalam Sistem Peradilan di Indonesia: KEDUDUKAN PERADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA Mushawirya, Rustian
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.31383

Abstract

This article was prepared against the background of the unclear position of the Tax Court in the judicial system in Indonesia. This research uses normative juridical methods which are supported by data collection techniques using library research intended to obtain secondary data. In conducting this research, the type of research used by the author is normative juridical, or also often called normative legal research. This type of research was chosen to obtain theoretical matters, principles, conceptions, legal doctrines, and legal rules related to the position of tax courts in the Indonesian judicial system. The problem studied in this research is the position of the Tax Court in the judicial system in Indonesia, and whether the tax dispute resolution mechanism according to Undang-Undang Nomor 14 of 2002 is in line with the principles of judicial power in Indonesia. This research uses a descriptive analytical method with a normative juridical approach supported by an empirical juridical approach. The data collection technique is to use library research intended to obtain secondary data. This data is also supported by using field studies as primary data. The research results show that the position of the Tax Court in the judicial power structure is a deviation from Pasal 24 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.
the PENEGAKAN STRICT LIABILITY PADA KASUS HUKUM LINGKUNGAN DI INDONESIA (Studi Kasus Putusan Nomor 125/Pdt.G/2016/PN.Bjm Dan Putusan Nomor 139/PDT.G-LH/2016/PN Jmb): PENEGAKAN STRICT LIABILITY PADA KASUS HUKUM LINGKUNGAN DI INDONESIA (Studi Kasus Putusan Nomor 125/Pdt.G/2016/PN.Bjm Dan Putusan Nomor 139/PDT.G-LH/2016/PN Jmb) Elfi Tumangger, Nola; Rahmi, Elita; Hartati, Hartati
Mendapo: Journal of Administrative Law Vol. 5 No. 1 (2024): Februari 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i1.31605

Abstract

Enforcement law environment No can do with prevention and action preventive, for example, effort enforcer law prevent happen pollution environment life but can be done in a way repressive is effort enforcer law do action law to who violated it provisions current regulation.  Principle strict liability is basic things in straightening up justice through something decisions in related courts with pollution environment, however, it can seen that For deeper with exists a second difference in the decision that, so in matter This the judge's consideration is absolute decision, if in something case Already No do effort law in case the. In researching this article, the author focuses on Enforcement penalty administration as An instrument enforcement law environment that has important meaning related to its function as instrument control, prevention, and overcoming acts prohibited by the provisions environment life. Through penalty administration intended for action violation  That stopped, so penalty administration is instrument juridical in nature  non- judicial preventive and depressive For end or stop violation the provisions listed in condition protection and management environment live with study two decision different courts to case fire land that has been through a trial process and enforceable law fixed (encroach), meanwhile method research used in this article is study exists problem norm laws and regulations current regulation. With So, the end of this article will contribute the main ideas to the enforcement law environment in field penalty administration from revocation frequent permission occurs in cases environment in Indonesia.
The PARTICIPATION IN JOB LOSS SECURITY PROGRAM AS UNEMPLOYMENT BENEFIT FOR NON WAGE RECIPIENT PARTICIPANT: Bahasa Indonesia Agusmidah, Agusmidah; Reynaldo, Vatar
Mendapo: Journal of Administrative Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i2.27903

Abstract

The establishment of a Job Loss Security Program in The Stipulation of a Government Regulation instead of Law Number 2 Year 2022 concerning Job Creation protects workers who have experienced the severance of employment relationship. This form of protection, by International Labor Organization Convention 102 and Convention 168, is known as Unemployment Benefits. The Unemployment Benefit Scheme in Indonesia is implemented through the Job Loss Security Program. In its regulation under Article 45A of Law Number 50 Year 2004 concerning the National Social Security System in conjunction with the Job Creation Law,  the Job Loss Security Program only provides benefit protection to workers who experience severance of employment, in other words, to workers with employment relationships who are Wage Recipients Participants in the BPJS membership. The protection of the Job Loss Security Program to non-wage recipient participants in BPJS membership, consisting of workers outside of employment relationships, is still not covered due to the limitation of beneficiary rules only to workers who experience severance of employment relationships. The research method used is a normative juridical method with a descriptive nature. This study shows that the existing regulations only provide partial protection. Countries such as Denmark, Spain, Serbia, the People's Republic of China, and others have previously implemented mandatory or voluntary Unemployment Benefit schemes for non-employment relationship workers. In this study, these countries serve as a comparison for the Unemployment Benefit system between developed and developing countries that have implemented it beforehand. The Unemployment Benefit system previously applied to non-employment relationship workers in other countries is an opportunity for Indonesia to implement it as well. The urgency of Unemployment Benefits Social Security protection through the Unemployment Benefits Program is important as a form of state protection holistically.
HUTAN LINDUNG TAMAN NASIONAL KERINCI SEBLAT: BAGAIMANA KEBIJAKAN PEMERINTAN DALAM MENJAGA KELESTARIANNYA? Optimalisasi Kebijakan Pemerintah Untuk Taman Nasional Kerinci Seblat Anugerah, Bayu; Buana, Sandyka; Helmi, Helmi
Mendapo: Journal of Administrative Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i3.29118

Abstract

This article aims to analyze the policy of the Government of Musi Rawas Utara in preserving the protected forest of Kerinci Seblat National Park. In analyzing the problem, the author conducts field research commonly known as empirical research. In addition, a qualitative approach in the form of taking specimens by proposive sample is the best choice in this study, because it is considered more by field conditions. In this study, several things were found. The North Musi Rawas Regency Government was formally regarded as inappropriate and had not issued a legal policy that directly affected the protection of Kerinci Seblat National Park (TNKS). Although the policies of the local authorities have not been maximized, several policies that have been taken by the North Musi Rawas Regency Government, such as the establishment of Regional Regulations, Decrees, MoUs, and other public policies, have had a positive impact, although their implementation has not been maximized and effective.  Some of the things that cause this article to mention the inadequacy and ineffectiveness of the policy are criminal acts against forests, such as forest encroachment, Illegal Logging, marijuana cultivation, and illegal mining, which are still found in TNKS. Therefore, it can be conveyed that there is a need for firm and concrete action in providing legal policies for forests to protect TKNS so that they can be adequately utilized and sustainably by taking into account the carrying capacity and accommodating capacity of forests. In addition, community involvement also needs to be maximized because they will experience direct impacts if forest destruction continues to occur and is not maintained.
Analisis Yuridis Penerimaan Peserta Didik Baru (PPDB) Sistem Zonasi Region Di Indonesia: Analisis Yuridis Penerimaan Peserta Didik Baru Sistem Zonasi Region di Indonesia Tan, Winsherly; Situmeang, Ampuan; Davina Shebiartha, Kyushu
Mendapo: Journal of Administrative Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i2.31519

Abstract

Education is a vital human right that must be respected by all Indonesian people. Therefore, fair and equitable education must be provided to all levels of society. However, understanding the concept of "fairness" content of equal student citizenship is still up for dispute. Therefore, this article discusses the evaluation of New Students Accepting or Penerimaan Peserta Didik Baru (PPDB) with Regional Zoning System in Indonesia. The research method used is normative legal research in the form of analytical descriptive. Data was collected from primary and secondary sources, including primary, secondary and tertiary legal documents. This data was then analyzed qualitatively. The results of data analysis show that Minister of Education and Culture Regulation Number 44 of 2019 is unfair. This regulation prioritizes the closest location within the zoning area for middle and high school students. However, if the candidates come from the same range, then the selection is based on age, which is considered less important than the student's academic performance. Therefore, student learning achievement should be the main criterion after considering the distance from where they live. This article will discuss the need to reanalyze Law of the Minister of Education and Culture Number 44 of 2019. Factors such as student achievement must be emphasized more than their age in this process. Further efforts are needed to maintain the quality of education and increase awareness.
Analisis Isi Kebijakan Peraturan Daerah Kabupaten Kudus Nomor 4 Tahun 2017 Tentang Pengelolaan Sampah Zumar Syafiq, Ahmad
Mendapo: Journal of Administrative Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/mendapo.v5i2.31721

Abstract

One of the regional regulations that emerged as a form of implementation of the mandate of Law Number 18 of 2008 is Regional Regulation Number 4 of 2017 concerning Waste Management issued by the Kudus Regency Government. This article aims to examine and assess the content of waste management policies in Kudus Regency. This is important to do considering that the success of a policy can be seen, one of the ways, from the contents of the policy. This article only focuses on the content of policy using Merilee S. Grindle's model, which consists of six aspects, namely: interests affected, type of benefits, extent of change envisions, site of decision making, program implementor, and resources committed. Types of normative juridical research with a statutory approach and a conceptual approach. The primary data source is the policy of Kudus Regency Regional Regulation Number 4 of 2017 concerning Waste Management, while the secondary data is in the form of journals related to waste management. The results of the analysis show that: the formation of regional regulations takes into account the physical, biological, social environment and juridical reasons (interest affected); the benefits of regional regulations are making the environment cleaner and healthier, as well as making people aware of the surrounding environment, more disciplined and more empowered in managing waste (type of benefits); the expected changes are improving environmental quality, improving public health, and changing people's mindset and behavior towards waste (extent of change envisions); the decision-making position is the Regional People's Representative Council (DPRD) of Kudus Regency with the joint approval of the Kudus Regent (site of decision making); implementing the policy, namely the Public Works Department (DPU) (program implementor); Policy resources consist of five components, namely man, materials, methods, machines, and money (committed resources).

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