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Administrative and Environmental Law Review
Published by Universitas Lampung
ISSN : 27232484     EISSN : 27459330     DOI : https://doi.org/10.25041/aelr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Administrative and Environmental Law Review is a journal published by the Faculty of Law, Universitas Lampung. Established in, the Administrative and Environmental Law Review aims to distribute scientific research and discusses in state administration law and environmental law in Indonesia, specifically in fields of legal environment of business, international environmental law, regulation of air pollution, regulation of water pollution, regulation of oil and gas industries. The Administrative and Environmental Law Review publishes two issues in a year. In 2021, the Administrative and Environmental Law Review Journal requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 4 No. 1 (2023)" : 6 Documents clear
Voluntary Assets and Income Declaration Scheme a Panacea to Tax Evasion in Edo State, Nigeria Paul Atagamen Aidonojie
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2822

Abstract

In Edo State, taxation is a primary revenue-generating tool often used to finance most public projects. It is apt to state that most individuals residing in Edo State are into small, medium, and large-scale businesses. However, business owners in Edo State often evade and avoid tax payments for the following reasons; taxes leveled on citizens or companies are numerous, excessive tax rates, and others. Given this, several taxpayers in Edo State have not been able to remit tax due for several years and without the hope of remitting the same. It is concerning that this study tends to adopt a hybrid research methodology in exploring the process of localizing the Voluntary Assets and Income Declaration Scheme (VAIDS) policy. In order to curb tax evasion and avoidance and generate more revenue in Edo State. The study, therefore, found that there is a high level of tax evasion and avoidance and that localizing the VAIDS policy will help curtail incidences of tax evasion and avoidance. It was, therefore, recommended and concluded that localizing the voluntary asset and income declaration scheme in Edo State will be an appropriate tax tool for curbing tax evasion and avoidance and improving internally generated revenue.
Implementation of Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers Daffa Ladro Kusworo; Maghfira Nur Khaliza Fauzi
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2858

Abstract

Negligence in current medical disputes has not yet obtained legal settlement efforts for both parties, either between the patient, the medical staff, or the hospital. Efforts to resolve medical disputes can be done through two methods: litigation and non-litigation mediation. Determining a dispute resolution model with alternative efforts will minimize doctors' worries as well as stimulate medical personnel to improve the health system and existing errors will become an evaluation of health services later, especially also preventing doctors, patients and other parties from being confronted until a court decision actually damages a person's reputation. doctor. Apart from that, it is also an effort to relieve patient conflict, making it possible for patients undergoing treatment to receive reasonable compensation. Medical disputes should emphasize settlement through the ADR route because it not only provides benefits for both parties but also obtains legal guarantees from each party in court in Indonesia. Because when compared to dispute resolution outside the court, litigation mediation offers more integrative offers because it does not require high costs, takes a long time, and does not incline any party by upholding a win-win solution. This study uses a normative legal research method with a statutory and literature study approach and uses descriptive analysis by applying a deductive method. The results of the study show the effectiveness of the implementation of litigation mediation and penal mediation reform in the criminal law system in Indonesia.
Control Air Pollution to The Sustainable Development Goals Vietnam Perspective Le Thi Thao; Phan Vinh Tuan Anh
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2860

Abstract

The trend of globalization has brought great opportunities, creating favorable conditions for all countries in the world to promote and successfully implement the socio-economic growth goals set out. However, it also poses many challenges in protecting and preserving the natural living environment, which naturally plays the role of external conditions to create and maintain the life and development of humans and creatures. The process of industrialization and modernization has been strongly promoted, leading to a severe decline in the function and usefulness of environmental components in cities around the world and Vietnam. Many countries have taken systematic regulatory actions against air pollution. The method used in this research is the normative juridical method. The normative juridical method is a method using secondary data such as the law and regulations in force in Vietnam, especially those related to air pollution and suitable developments. The authors clarify the point of view on the current state of Vietnamese legislation on air pollution control. Existing issues in the polluted-air controlling policy are clarified. The study's results so that improving the law on control, management, technical regulations on air pollution control, responsibilities of relevant agencies and sanctions for polluting acts proposed air pollution in order to prevent and limit “barriers” towards the goal of sustainable development.
Chain of Responsibility in Land Transportation Associated with Overloading Activities Dea Safira Setiono; Hilda Yunita Sabrie
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2887

Abstract

Heavy vehicles are one of the modes of land transportation in Indonesia in the activity of transporting goods. A large number of transport companies creates business competition related to the supply of freight costs. To get more profit, transportation companies practice over dimension and overloading. Overloading which is more prevalent in transportation, causes losses for various groups. One of the losses can impact workers in a transportation company where the liability for the crew of the vehicle is not regulated in detail. The existence of the principle of Chain of Responsibility in regulations regarding the transportation of heavy vehicles aims to expand the responsibility for losses incurred, such as overloading practices. This principle ensures that all subjects in the logistics chain have the duty to ensure compliance with regulations, including truck owners, transportation operators, goods senders, and goods recipients.  This study discusses the responsibility of the parties in the delivery of goods related to overloading and recognizes the concept of Chain of Responsibility in transportation by land in overloading practices. The research method used is empirical juridical with a conceptual approach and a statute approach. For these problems, this study aims to analyze the accountability of the parties in overloading activities and to recognize the concept of Chain of Responsibility in land transportation in overloading practices.
Warehousing Permits Arrangements and Implications for Public Peace and Order in Bandar Lampung City Harrys Bangkit Tanodo
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2944

Abstract

Permits are a legal instrument the government uses to control certain activities. The existence of warehouses in the City of Bandar Lampung that do not yet have permits has resulted in problems with public order and peace. This research will discuss the arrangement of warehousing permits in Bandar Lampung and the implications of issuing warehousing permits for public order and peace. This research uses a normative method by examining Government Regulation Number 29 of 2021 concerning the Implementation of the Trade Sector and an empirical approach using the case study method with a qualitative approach and determining informants based on purposive sampling. The findings obtained in this study were that initially, the warehouse owned by PT YHB (Limited Liability Company Yonatama Harry Bersaudara) did not have a permit. Still, after receiving protests from people who felt disturbed, the warehouse only had a permit. In fact, before the warehouse was used, it should have had a permit. The issuance of the warehouse permit, this justifies the warehouse owner's non-compliance with the licensing regulations. The positive impact on the community is the creation of jobs and an increase in the community's economy and local revenue for the City of Bandar Lampung. In contrast, the negative impact is noise, hampered mobility and damage to roads that disturb the community and changes in regional spatial planning.
Land Management Rights Before and After the Government Regulation in Lieu of Job Creation Law Penta Peturun
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2947

Abstract

There are regulations regarding land management rights (HPL) in Law Number 11 of 2020 concerning Job Creation in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The background is the birth of the Investment policy made by President Joko Widodo's Government. HPL is regulated separately as a “right”, whereas in the Basic Regulations on Agrarian Principles (UUPA) which is the source of law, there is no mention of “rights”. Related to the authority of the State's Right to Control (HMN). The Government Regulation transfers HPL as a whole to certain parties. There should be a role for regulators and operators participating in planning, implementation and supervision. Therefore, there must be clarity on the position of the authority “controlled by the state” for HMN constitutionally against HPL in Government Regulations that refer to the constitution. In a normative legal approach, Article 33 of the 1945 Constitution mandates the state to conduct beleid, bestuursdaad, regelendaad, beheersdaad, tezichthoudensdaad. Philosophically, the government functions as a regulator and operator. As an operator, the Government carries out its duties as a coach and supervisor by directly implementing activities. This is confirmed in the Decision of the Constitutional Court of the Republic of Indonesia Number 001-21-22-PUUI 2003 on HMN. Suppose HPL in the Government Regulation is released. In that case, it is not much different from embracing the concept of nachtwachternstaat or night watchman state, not the principle of welvaarstaat which fully utilizes the control of wealth sources for the greatest prosperity of the people. As it should be, HPL in HMN can provide direction for law enforcers and stakeholders with a role and authority in the land acquisition process.

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