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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
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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 68 Documents
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Equity in Tax Law: Vietnam Case Study Le Thi Thao; Nguyen Thi Trien
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2662

Abstract

One of the prime principles in the optimal tax system of countries is fairness. Equity in tax law originates from two points of view: fairness on the principle of benefits (from which taxpayers take away from society) and fairness on the principle of the ability to pay taxes (income). According to economist Adam Smith, "taxes are seen as the basis of economic institutions, which can cause economic instability when there is a lack of transparency and clarity". Therefore,  fairness in tax law formulation at different stages of development of each country is considered a complete principle associated with countries' economic, social and political conditions in each period. The scope of this article, based on research regarding the history of construction and development of tax law in Vietnam through the analysis of fairness in tax obligations, tax exemption, tax administration, tax fairness and tax accountability. Proposing solutions towards ensuring fairness in completing the legal tax system in Vietnam.
Vertical Conflict on Sea Sand Mining Activities in Lampung; Law Enforcement and Sociological Approach Bayu Sujadmiko; Refi Meidiantama
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2681

Abstract

The lack of law enforcement related to marine sand mining activities, which is not in line with the community in Lampung Province, certainly causes many problems. It can cause quite a high social conflict and environmental ecosystems as well as ecological disasters. In addition, the impact of the sea sand mining permit also overlaps the allocation of coastal areas and small islands. This article aims to analyze law enforcement against marine sand mining activities that conflict with the community in Lampung Province. This study uses an empirical normative method with a qualitative analysis model. The informant was from WALHI by Irfan Tri Musri and some miners. The results show that law enforcement for sea sand mining has to start from the law formulation, application, and execution stages of law enforcement. Another important thing is prevention efforts to control environmental impacts that must be performed by maximizing the usage of the monitoring and licensing instruments. In addition, Lampung Province Regulation Number 1 of 2018 concerning Zoning Plans for Coastal Areas and Small Islands must be appropriately implemented for law enforcement because it is sufficient to accommodate the interests of the community. The most dominant inhibiting factors in law enforcement of marine mining in conflict with the community in Lampung Province are statutory factors and law enforcement officers who are not firm in enforcing the law of sea sand mining.
Implementation of Administrative Sanctions Against Violations of Health Protocol Covid-19 in Central Lampung Patar Daniel Panggabean
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2747

Abstract

In 2019, the world was hit by a pandemic that changed all the habits of the world's people. The pandemic was caused by the emergence of a virus that could threaten a person's life and many died due to the virus, namely Covid-19. The Indonesian government, both central and regional, has created a policy to limit the spread of the virus. But, of course, the implementation does not always match what has been expected. Therefore, on this occasion, the author wants to research how to implement administrative sanctions for violations of the Covid-19 health protocol by people in Central Lampung. This research uses normative juridical research methods and is also assisted by empirical legal research in Central Lampung Regency. In general, research activities are carried out by collecting sources from reading materials such as books, laws and regulations as well as conducting several interviews. The results from this study show that the Covid-19 health protocol in Central Lampung has been carried out appropriately by law enforcement and the community. In this case, the Central Lampung Regency Government has carried out its duties well and followed the instructions set by the President, namely Presidential Instruction No. 6 of 2020. At the regional level, the regional government has also made a policy, one of which is Regional Regulation No. 10 of 2020. Implementing administrative law against health protocol violations has also been maximally carried out in Central Lampung Regency. Law enforcers give verbal warnings first before giving other administrative sanctions, such as fines if they continue to violate. Then business actors are given administrative sanctions in the form of fines for revocation of permits. Still, in this case, the punishment for revocation permits is rarely carried out.
Relationship for The Establishment of Local Regulations in The Job Creation Law Watoni Noerdin
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2749

Abstract

The job creation law was created to open Indonesia's widest possible investment climate. But so far, investors still face obstacles on investment in the form of complex regulations. This can be seen from the disharmony and lack of coordination between regional and central government regulations. In that regard, how is the relationship between establishing local regulations in job creation law? The method used in this research is normative legal research with a qualitative approach method with a focus on regulations and related data to answer problems. It can be concluded that Article 174 of the Job Creation law adds rules regarding the relationship between the central and local governments, namely the authority of local governments as part of the presidential authority. Article 176 a quo also changes several local government authorities. For example, the licensing authority in Article 350 of Law Number 23 of 2014. Under Government regulations Number 6 of 2021, Article 3 regarding the Implementation of Business Licensing in the Regions states that such act is carried out by the Central Government, Provincial Government, and City/Regency Government following their respective authorities based on the provisions of laws and regulations. From the licensing rules perspective, it is not executive preview as a form of preventive supervision but top-down control that dominates. This can potentially eliminate local content and conditions based on regional interests.
Fulfillment of The Right to Clean Water for Post-Disaster Communities in Gumbasa District, Sigi Regency Rosdian Rosdian; Ikbal Ikbal; Abraham Kekka
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2765

Abstract

Water is a basic human need; no one can live without water. As a basic need, water is part of the requirements for an adequate standard of living for the health and well-being of all human beings. The problem currently being faced is that the availability of clean water to meet the needs of the people of Gumbasa District is decreasing after the earthquake in Sigi Regency. On the one hand, there is a view that water is a commodity (economic good), while on the other hand, it is said that water is a social good. This article aims to analyze the progress of regulating the right to water as a human right and efforts to fulfill and provide clean water after the disaster in Gumbasa District, Sigi Regency. The research method uses a normative juridical method, which analyzes library materials or secondary data. The research results show that the right to clean water implies that everyone must access water without discrimination. The role of the Sigi Regency Government is essential when people are not in the same position in getting water; the difference in each person's position is not only due to the problem of economic inequality but also to the natural conditions that exist in a particular area. These differences make it difficult for some parts of the community to access clean water, especially the fulfillment of clean water sources after the disaster.
Judicial Oversight on Administrative Decisions in Afghanistan Najibullah Faiez
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2775

Abstract

Public authorities have taken administrative decisions. Here in Afghanistan, administrative laws are unwritten and lack proper mechanisms for judicial oversight due to the instability of four decades of war. This article, titled “Judicial Oversight on Administrative Decisions in Afghanistan”, tries to study administrative decisions in Afghanistan and seeks to provide a special mechanism for judicial oversight of administrative decisions. The article has answered the question: what are administrative decisions and its judicial oversight? It is a qualitative research conducted through the desk review method and has used an interview with academics specialists in Administrative law. This article also studied other countries' solutions for their judicial oversight.  The result of the research is judicial oversight on administrative decisions in Afghanistan does not have an appropriate mechanism and Afghanistan cannot create an administrative court like France's model. Afghanistan needs to reform judicial power to solve the administrative dispute excellently. Enacting Administrative Procedural law for administrative divan is an urgent task for Afghanistan. This law must abridge the investigation procedure, lower court expenses and increase the court accessibility to citizens to amplify the rule of law.
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.

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