Lex Journal : Kajian Hukum dan Keadilan
Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for law and justice observers in their contribution to the development of law. Editors accept independent writings which can be in the form of articles, studies, and research results related to the field of law and justice, in Indonesian and English according to the writing style.
Articles
109 Documents
ANALISIS YURIDIS PERATURAN DAERAH DKI JAKARTA NOMOR 2 TAHUN 2020 TENTANG PENANGGULANGAN CORONA VIRUS DISEASE 2019
Kristianingsih, Reny
Lex Journal: Kajian Hukum & Keadilan Vol 6 No 1 (2022): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v6i1.4500
The stipulation of DKI Jakarta Regional Regulation Number 2 of 2020 dated November 12, 2020 concerning Handling Corona Virus Disease 2019 is one proof of the seriousness of the DKI Jakarta Regional Government in dealing with the 2019 Corona Virus Disease pandemic and reducing the number of confirmed cases of Corona Virus Disease 2019 patients in the DKI Jakarta area. This research uses a descriptive analysis research method with a normative juridical approach Article 30 of Regional Regulation Number 2 of 2020 as a legal umbrella that can guarantee the health, safety and welfare of the community even though in its application not optimal and the content of the normative material is synchronized with the normative material of the legislation above. Keywords: Combating Corona Virusin DKI Jakarta Regional Regulation Number 2 of 2020
KEPASTIAN HUKUM PENETAPAN LOKASI PENGADAAN TANAH BAGI PEMBANGUNAN BENDUNGAN BENER DI PURWOREJO
Tandiono, Sudargo;
Lestari, Mega;
Arwanto, Bambang
Lex Journal: Kajian Hukum & Keadilan Vol 6 No 1 (2022): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v6i1.4558
Cases of corruption that occur in the natural resource sector can be realized because of some irregularities committed by officials who have authority in the natural resources sector itself related to the issuance of state administrative decisions, so that these actions do not harm the state in terms of finances but also have a negative impact on other humans and ecosystem integrity. The purpose of this research is to find out about the discrepancy between the Bener dam construction decisions and the findings found and how to prevent corruption in the natural resources sector in Indonesia. Keywords: Dam, Corruption, Decisions
PERLINDUGAN HAK-KESEHATAN DAN HAK EKONOMI MASYARAKAT HUKUM ADAT DI PERBATASAN KALIMANTAN UTARA DALAM STATUS KEDARURATAN KESEHATAN AKIBAT PANDEMI COVID-19
Salinding, Marthen B.
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4569
Protection of health rights and economic rights for the legal community at the time of the Covid-19 pandemic was carried out simultaneously, there cannot be rights that take precedence and leave other rights ... Prioritizing the fulfillment of health rights and ignoring economic rights has implications for the emergence of social insecurity, the opposite is true when prioritizing health rights. economic rights rather than health rights will threaten the safety of people's lives. This study aims to explain that the protection of the health rights and economic rights of indigenous peoples in the border area of North Kalimantan must be carried out simultaneously and in balance. The research method used is a normative juridical research method. The results showed that the local government had provided protection for the health rights and economic rights of indigenous peoples in the border area of North Kalimantan during the pandemic simultaneously and in balance. Keywords; Protection, economic rights, health rights of indigenous peoples
JAMINAN PRODUK HALAL SEBAGAI PERLINDUNGAN HAK WARGA NEGARA
Humiati;
Silfiah, Rossa Ilma
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4576
The state as a protector of the guarantee of the rights of citizens is the essence of the purpose of the establishment of a state. The guarantee of halal products for food and beverages is one form of such protection. This has been manifested in the formation of laws and regulations related to halal product guarantees in addition to Law Number 8 of 1999 concerning Consumer Protection which was promulgated earlier. Halal Product Guarantee is implemented in Halal Certification which aims to provide legal certainty and legal protection for consumers, especially Muslim consumers. Halal-certified Product Guarantee is regulated in Law Number 33 of 2014 concerning Halal Product Guarantee (JPH). The existence of this law is important in the midst of free trade that is currently happening. This policy is expected to stop the supply of food that is not clearly halal. This protection is very relevant to the purpose of the implementation of Islamic law, which is to protect religion, protect the soul, protect the mind, protect offspring and protect property. This study will examine five things that are protected in Islamic law. So it will appear that the implementation of the Halal Product Guarantee is very much needed for the sustainability of human life.Keywords: Halal Guarantee, Legal Protection
KEBIJAKAN PENANGANAN PELAYANAN KESEHATAN DI MASA PANDEMI COVID-19
Chumaida, Zahry Vandawati;
Ariadi S, Bambang Sugeng;
Raden Roro, Fiska Silvia
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4577
The Covid-19 pandemic in Indonesia has occurred for 2 years and has become a difficult task for health services. People who are infected, with the number of infections in Indonesia continuing to soar. This condition requires health service facilities and health workers to extra work to provide treatment for Covid-19 patients as a top priority. Healthcare facilities are starting to be selective in providing health services. The formulation of the problem raised is the problem with health services for the community and how the role of BPJS Health and the government in handling health services. The research method used is normative juridical, namely by analyzing the laws and regulations in force in Indonesia, using a conceptual approach, and legislation. The conclusion of this research is rules and regulations are needed to deal with cases, namely the Regulation of the Minister of Health of the Republic of Indonesia Number 19 of 2021 concerning the Second Amendment to the Regulation of the Minister of Health Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the Pandemic. Keywords: Policy, health services, Covid-19 pandemic
MODEL PENGELOLAAN SUMBERDAYA WILAYAH PESISIR PROVINSI KALIMANTAN UTARA BERBASIS MASYARAKAT DAN BERKELANJUTAN
Basri
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4578
What is very important in the sustainable management of coastal marine areas is the involvement of local communities from planning to implementation. This study aims to explain that community-based and sustainable management of coastal marine areas in North Kalimantan is the most ideal coastal management model. This type of research is the normative legal research method with qualitative analysis. The results showed the benefits of community-based and sustainable management of the coastal marine area of North Kalimantan in improving the welfare of coastal communities because it is based on the potential and characteristics of the coastal marine area. Thus, community-based and sustainable management of the coastal marine area of North Kalimantan is a model of coastal area management that favors coastal communities. Keywords; Coastal areas, Indigenous based, sustainable
KEWENANGAN PENYELESIAN SENGKETA KONSUMEN PERJANJIAN KREDIT MOTOR DALAM PERPEKTIF HUKUM
Suyikati
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4579
The issue of forced motorcycle withdrawals by leasing companies is of particular concern to regulations that have not yet provided a solution to these problems, considering that the application of standard agreements has its own weaknesses, consumer issues handled by BPSK regarding motorcycle withdrawals by leasing parties, resulting in consumers losing control over motorcycles but BPSK does not have a big role in carrying out legal actions and its authority is still limited and its decisions still do not have executorial legal force, seeing this many phenomena the Constitutional Court issued Constitutional Court Decision No.18/PUU-XVII/2019 this decision gives a lot perceptions about the procedure for withdrawing vehicles that are fiduciary guarantees, one of which is the right to execute through the courts, but execution without trial is allowed on the condition that the debtor acknowledges a default. This means that the Court only examines article 15 paragraph 2 while the Obj The guarantee certificate has actually been transferred unilaterally, meaning that it is legal for the creditor to make a withdrawal with reference to the contents of the main agreement between the creditor and the debtor and article 1338 of the Civil Code. Keywords: Authority. Dispute, motorbikes, Law
KONSEKUENSI HUKUM TERHADAP VAKSINASI DALAM PERPEKTIF HAM
Luhukay, Roni Sulistyanto
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4580
The increase in Covid patients in Indonesia has made the Indonesian government work quickly in increasing the community's immunity by vaccinating as a form of government responsibility in providing health insurance. The government's responsibility is not only limited to giving gifts, but the government is responsible for post-work follow-up events (KIPI), namely medical events suspected of involving works of art. The government remains responsible for patients who experience health problems. In the implementation in Jakarta, there are considerations between regulations that require vaccines with punitive consequences and human rights arrangements that guarantee the right to health, which is a personal right. by giving individuals the right to determine health services for themselves. For this reason, it is a right that comes from an idea in constitutionalism to limit the power of power in such a way, so that the exercise of power is not arbitrary and thus it is hoped that the rights of citizens will be more protected, because that right has arisen before the constitution was created. alone. Keywords: Information, Law, Vaccination, Human Rights.
TINJAUAN YURIDIS PERLINDUNGAN HUKUM PEMILIK HAK ATAS TANAH TERLANTAR
Retnowati, Tutiek;
Boediningsih, Widyawati
Lex Journal: Kajian Hukum & Keadilan Vol 5 No 2 (2021): December
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v5i2.4603
The study is conducted to analyze the stranded soil that is alleged to be untried, unused, or abused according to the circumstances or the nature and purpose of its administration. Research methods use normative research with a regulatory approach and concept approach. This study led to the landowner's obligation to make active use of the soil. If the performance of duty towards the land is not carried out it is called wasteland. It has since built a , many there are issues involving tanah who purposefully and not do it on purpose the land has been abandoned by the owners of the the right on its own land good because economic factors the structure of the soil or allotment of that is no longer appropriate to the state of or of the nature of and the purpose of the provision of their rights . The current regulation is not currently described in detail on the criteria of land have been displaced itself . In development as abandoned land, governments must first perform identification and research processes by considering the textual and spatial data of the land and analyzing the causes of the strapless land. Legal protection for the owner of the land that is indicated to be abandoned is the granting of compensation to the land reclaimed by the state at the cost of what is already being paid by the individual, Keyword: protection of law, owner of rights to land, displaced land
ANALISIS TERHADAP PUTUSAN MA NO.482K/TUN/2021 TERKAIT SURAT KEPUTUSAN GUBERNUR JAWA TENGAH NO.590/20TAHUN 2021
Boediningsih, Widyawati;
Tandiono, Sudargo
Lex Journal: Kajian Hukum & Keadilan Vol 6 No 1 (2022): July
Publisher : Faculty of Law, University of Dr. Soetomo
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DOI: 10.25139/lex.v6i1.4715
Mining and the construction of public facilities of course require land acquisition before carrying out activities. However, conflicts of interest or legal issues are often encountered, both from the public who do not agree or there are discrepancies in the decrees issued by the government, both regional and central. Although the dispute can be resolved by filing a lawsuit in the State Administrative Court. However, there is still dissatisfaction from the aggrieved parties so that this research will assist in analyzing the Supreme Court Decision Number 482 K/TUN/2021 related to the dispute over the construction of the Bener dam in Wadas Village, Purworejo, Central Java. Keywords: IUP, Mining, Supreme Court Decision, Andesite