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Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
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Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 2, No 1 (2021)" : 5 Documents clear
LEGAL ISSUES ON THE IMPLEMENTATION OF THE BLUE ECONOMY IN INDONESIA Raden Yoseph Gembong Rahmadi
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.062 KB) | DOI: 10.35973/jpl.v2i1.2584

Abstract

The purpose of this study is to determine the legal regulation arrangements concerning the blue economy and solutions to overcome obstacles to the implementation of the blue economy, in this case, are B3 and dumping. This research is normative juridical research, using a descriptive method with a qualitative approach. The data source used in this study is secondary legal material, which will examine positive legal norms. The conclusion that can be stated is that there is no harmonization between articles in one law and harmonization between laws governing environmental management. The solution to overcome obstacles to implementing the blue economy is first to harmonize related legislation. Second, strict legal action and sanctions from the government if there are violations related to marine affairs. Third, the existence of joint patrols between related institutions in the country and patrols between countries.
THE EFFECTIVENESS OF THE ROLE OF THE MEDIATOR IN THE EQUITABLE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES Sugiyanto Sugiyanto
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (465.883 KB) | DOI: 10.35973/jpl.v2i1.2574

Abstract

The State of Indonesia is obliged to regulate Mediators to effectively settle industrial relations disputes through a sound industrial relations system. The industrial relations system formed between the actors in producing goods and services is expected to create harmonious and just industrial relations. The problems in this study are; (1) What is the role of the mediator in creating harmonious industrial relations? (2) How is the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes? This research method uses normative juridical, a study that is very closely related to primary data in the form of related laws and regulations, and secondary data in the form of literature books. The approach method used in this research is empirical juridical. Juridical research is the law which is conceptualized as the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes. The results showed that; (1) The role of mediator in creating harmonious industrial relations by providing understanding to workers and employers regarding labor regulations to create harmonious industrial relations. The role of the industrial relations mediator is preventive or preventing industrial relations disputes from occurring. (2) The effectiveness of the mediator’s role in the just settlement of industrial relations disputes must guarantee a fair and effective settlement of industrial relations disputes. In a fair and effective settlement of industrial relations disputes, the ideal mediation is resolved by a fair and non-discriminatory institution. The disputing parties can choose a mediator deemed the neutral parties capable of doing justice and fair settlement procedures.
THE IMPLEMENTATION OF REGULATIONS IN HANDLING COVID-19 IN INDONESIA sukirno sukirno
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (50.111 KB) | DOI: 10.35973/jpl.v2i1.2585

Abstract

This study aims to describe how the regulations in handling Covid -19 occur in Indonesia and their implementation. This study uses a normative juridical research method, which is a study that tries to examine the laws and regulations used in handling Covid -19 in Indonesia. The study results show several regulations in handling Covid-19 at the moment, both at the national and regional levels, such as the Law of the Republic of Indonesia Number 6 of 2018 concerning Health Quarantine to other implementing regulations. However, in practice, the implementation has not run optimally. There are still many violators in the community, and this is because the existing regulations do not regulate strict sanctions for violators. So that regulations governing the application of law in handling Covid -19 in Indonesia still need reforms in the field of law, with the aim that the law can be felt by the community, namely legal certainty, justice, and benefits for the community.
THE PRESIDENT’S AUTHORITY IN THE APPOINTMENT, TRANSFER, AND DISMISSAL OF CIVIL SERVANTS IN DEMOCRACY IN INDONESIA M. Najibur Rohman
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (572.718 KB) | DOI: 10.35973/jpl.v2i1.2587

Abstract

The purpose of writing this article is to analyze the president’s authority in the appointment, transfer, and dismissal of Civil Servants after the issuance of Government Regulation Number 17 of 2020 concerning Amendments to Government Regulation Number 11 of 2017 concerning Management of Civil Servants. In this latest policy, the president is stated to withdraw the delegation of authority if the bureaucracy is not run based on a system of merit and professionalism. This policy has sparked debate because the change is seen as an attempt to dominate and hegemony of the government over the bureaucracy through the creation of undemocratic laws. There are fears that the bureaucracy will become a political tool that will keep it from its primary public servant goal. This research is part of normative legal research (normative research) or doctrinal legal research with a statutory, case, and conceptual approach. The study findings show that constitutionally the president’s authority to withdraw the delegation of authority in the appointment, transfer, and dismissal of civil servants has indeed been based on the provisions of the law where the president is the holder of government power. Still, with this regulatory change, presidential power has become more dominant. It opens up opportunities for conflict of interest to intensify in the administration of the bureaucracy so that it is not in line with democratic values.
THE URGENCY OF THE PRENUPTIAL AGREEMENT FOR HUSBAND AND WIFE IN INDONESIAN MARRIAGE LAW Deddy Gunawan
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.4 KB) | DOI: 10.35973/jpl.v2i1.2577

Abstract

This study aims to determine the prenuptial agreement on the separation of assets in marriage carried out by husband and wife in marriage law in Indonesia. Divorced married couples will fight over the separation of joint assets. This can be deviated by making a prenuptial agreement. The problems in this study are (1) How is the prenuptial agreement on the separation of assets in marriage? (2) What is the urgency of a prenuptial agreement for husband and wife in marriage law in Indonesia? This research is normative juridical, namely legal research using library materials by analyzing various provisions of the law or by using secondary data. The study results indicate that (1) a prenuptial agreement on the separation of assets in a marriage is carried out by both parties with mutual consent and can enter into a written agreement legalized by the marriage registrar. The agreement takes effect from the moment the marriage takes place. (2) The urgency of a prenuptial agreement for husband and wife in marriage law in Indonesia can be made before the marriage occurs. Since the decision of the Constitutional Court Number 69/PUU-XIII/2015, a marriage agreement can be made as long as it is within the marriage bond, as long as it does not violate applicable legal rules, religious rules, and moral norms. Husband and wife can express their will and agree on assets to carry out the pooling of assets and separation of assets.

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