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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
 1 
Search results for , issue "Vol 3, No 1 (2022)" : 5 Documents clear
RECONSTRUCTION OF REGULATIONS OF BATAM BUSINESS ENTITY GIVING PERMITS FOR INDUSTRIAL LOCATIONS AND SPECIAL ECONOMIC AREAS sumardi noto utomo
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2363

Abstract

Reconstruction; Authority; Batam Business Entity; Giver of Special Economic Zone Industrial Location Permit. Indonesia’s national development aims to create a just and prosperous society. National development will be achieved if economic development can be implemented. Indonesia’s economic development is followed by industrial growth and development. With the transition of the legal umbrella status through the birth of Law no. 39 of 2009 concerning Special Economic Zones (SEZ), SEZ is an area with specific boundaries with geo-economic and geo-strategic advantages. It is given special facilities and incentives as an investment attraction. The formulation of the problem in this study is (1) Why is the authority of BP. Batam to give Industrial Location Permits regulated by the Special Economic Zone? (2) What is the Regulatory Authority of BP. Batam to issue a permit for the location of the Special Economic Zone Industry? (3) How to Reconstruct BP’s Authority. Batam is the issuer of the Special Economic Zone industrial location permit? Objectives (1) To find and analyze the concept of the Batam Concession Agency towards a Special Economic Zone; (2) To examine and analyze the Regulatory Authority of the Batam Concession Agency granting industrial location permits for Special Economic Zones; (3) To reconstruct the authority of the Batam Concession Agency that grants Industrial Location Permits. Special Economic Zones. From the perspective of the Positive Normative Law that applies in Indonesia; Research Approach: Using sociological juridical method; This research is included in the empirical juridical research. Research Results (1) Aspects, Philosophical Elements; Sociological elements; juridical elements. Research Results (2) Regulation, Law Number 39 of 2009 concerning Special Economic Zones, Jo. Act. Number 11 of 2020 concerning job creation. Research Results (3) Reconstruction, Needs to be reviewed regarding Presidential Decree No. 41 of 1973 concerning industrial areas along with the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38. This will result in maladministration and closer to corruption. Conclusion: Presidential Decree Number 41 of 1973 concerning Batam Island Industrial Area, Article 1 paragraph (2) It is not in line with current expectations. No adjustments have been made to the Riau Islands Province Spatial Plan and/or Regency/City Spatial Plan, which can be seen in the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38 can result in maladministration.
THE EFFECTIVENESS OF ENVIRONMENTAL MONITORING ON MINERAL MINING Usman Usman; Abrar Saleng
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2366

Abstract

This study aims to determine (1) the Implementation of Oversight of Regional Environmental Services to Mineral Mining and (2) the Effectiveness of Oversight of the Kolaka Regency Regional Environmental Service to Mineral Mining Post Law No. 23 of 2014 concerning the Regional Government. This research uses empirical research methods. The study’s chosen location was in Southeast Sulawesi, Kolaka District, and Pomalaa District. The basis for consideration of site selection because that the Kolaka Regency is one of the largest nickel mine producers in Southeast Sulawesi Province. The results showed the Implementation of Regional Environmental Services Supervision Against Mineral Mining. It focuses on Environmental Permits issued to conduct Environmental Monitoring of compliance with mineral mining business responsibility. In comparison, the Effectiveness of Supervision of Regional Environmental Services on Mineral Mining Post Law No. 23 of 2014 concerning Regional Government has not been effectively implemented by the Regional Environmental Agency through the supervision of RKL-RPL and PPLH Permits due to the facilities and facilities provided by the Environment Office to carry out supervision in the field of nickel mineral mining, not available, so it requires facilities from the parties company to carry out supervision. Supervision that must be carried out in applying environmental law requires facilities to carry out supervision effectively without affecting environmental law enforcement activities.
MEDICAL, LEGAL, AND SOCIAL ASPECTS OF THE SURROGATE MOTHER PHENOMENON himmaturojuli Rosyid Ridlo; Reisca Tiara Hardiyani
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.3351

Abstract

Uterine rental (Surrogate Mother) is where a woman makes a gestational agreement with a husband and wife. The surrogate mother is willing to bear the seeds of a married couple by receiving certain rewards. Uterine rental occurs because the wife can not conceive because of something that happened to her womb. This study uses normative law research methods using normative case studies in the form of legal behavior products by reviewing Law No. 36 of 2009 concerning Health, Government Regulation (PP) No. 61 of 2014 concerning Reproductive Health, the Civil Code, and Law No. 1 of 1974 concerning Marriage. The results of this study are 1. Uterine rental is a pregnancy outside the natural way that can only be done to married couples bound by a legal marriage and experience infertility or infertility to produce offspring 2. All forms of surrogate mother agreements in Indonesia are null and void because they contradict the existing laws and regulations. 3. A child born to a Surrogate Mother who is bound in marriage is the legal child of the woman and her husband, but if the child is born to a Surrogate Mother who is not bound by marriage, the child will be the illegitimate child of the woman. 4. Inheritance rights of children born to surrogate mothers who are bound in marriage will receive inheritance rights from the surrogate mother and her husband. If the surrogate mother is not bound by marriage, the child will only receive inheritance rights from the surrogate mother.
THE ROLE OF THE GOVERNMENT IN THE LEGAL PROTECTION OF WORKERS PERFORMED BY TERMINATION OF EMPLOYMENT DURING THE COVID-19 PANDEMIC Mahmuda Pancawisma Febriharini
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2622

Abstract

Covid-19 has shaken the Indonesian economy, and of course, the most significant impact felt due to this pandemic in industrial relations, both macro and micro. Many companies are threatened with the continuity of their production, which ultimately impacts the survival of workers in Indonesia. This condition emphasizes that the government needs to intervene in alleviating this problem. Based on this, this study aims to determine the government’s role in providing legal protection to workers who have been laid off due to the COVID-19 pandemic. The results in the field show that many workers have been laid off or laid off with wages that are not paid in full. To support the welfare and continuity of work for workers and to support workers who have been laid off or laid off due to Covid-19, the Government has issued various incentives for employers and workers, namely in the form of cash assistance in the form of Wage Subsidy Assistance (BSU) and issuing pre-employee cards aimed at providing training, namely providing skills that can be used for industrial and entrepreneurial needs.
POLICY OF GIVING IMPUNITY TO STATE ADMINISTRATORS IN THE FIELD OF FISCAL AND MONETARY POLICY IN LAW NUMBER 2 YEAR 2020 Afif Noor
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.3350

Abstract

To create economic and financial stability due to the Covid-19 pandemic, the government stipulates Perppu No. 1 of 2020 becomes Law No. 2 of 2020. The law states that state officials in the field of Fiscal and Menoter Policies cannot be prosecuted civilly or criminally in carrying out their duties and official decisions in the context of implementing the Perppu are not objects of state administrative lawsuits. Whereas in a state of law everyone has a position without exception. This research is classified as normative juridical using library materials as the main data source. Based on the research, the policy has the potential to cause a moral hazard, adverse selection, and abuse of power and is contrary to the principles of Good financial governance. The policy of granting impunity to state administrators in the fiscal and monetary fields is contrary to the principle of equality before the law which is constitutionally stated in the 1945 Constitution.

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