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Abdul Kadir Jaelani
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INDONESIA
Journal of Sustainable Development and Regulatory Issues
Published by Lembaga Contrarius Indonesia
ISSN : 29878071     EISSN : 29878063     DOI : https://doi.org/10.53955/jsderi.v1i2
Core Subject : Health, Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health
The Journal of Sustainable Development and Regulatory Issues (JSDERI) focuses on the field of sustainable development and law studies at global, national, regional, and local levels worldwide. The journal addresses specific issues on energy, environmental design and planning, environmental management, spatial planning, environmental planning, environmental management and sustainable development integrated way and accordance with the principles of Regulatory Issues. In addition, JSDERI also covers legal research in waste management, air, water and soil pollution, rural planning, urban planning, regional economics, methods of enforcement, government tort liability, freedom of information, and state finance, and legal justice. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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The Role of District Governments in Handling Damage to National Roads in the Regional Autonomy Iswantoro, Iswantoro; Saparwadi, Saparwadi; Triasari, Devi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.22

Abstract

The problematic reality of national roads in rural and urban areas is that they are often damaged and unfit for use. This is due to nationwide road repairs that rely only on the central government's responsibility, resulting in development delays that could endanger the safety of road users. The method used in this research is social legal research to observe law in the dynamics of social life in the context of the role of district and city governments in dealing with damage to national roads. The role of the government in dealing with damage to national roads is to carry out supervision to prevent workers from committing irregularities, misappropriation, and wastage of funds, as well as to overcome obstacles that may occur during the repair process. In addition, the government has a role in carrying out road construction and accommodating policies regarding road construction. Thus, even though national roads are the responsibility of the central government, district and city governments also need to take responsibility for national roads.
Strengthening Blue Economy Policy to Achieve Sustainable Fisheries Sapriani, Sapriani; Kusumaningtyas, Reza Octavia; Elfaki, Khalid Eltayeb
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.23

Abstract

Particularly in developing nations, the aquaculture and fisheries sector is vital to the nutrition and food security of the global population. Nevertheless, notwithstanding their substantial social and economic potential, fishery resources are susceptible to overexploitation and hurting the environment. This research assesses the significance of bolstering blue economy policies to enhance sustainable maritime policies. This study employs the methodology of normative legal research. The research findings, the deterioration of ecological equilibrium, as evidenced by the diminishing carrying capacity of the sea, can be attributed to conservation efforts that lack a stronger emphasis on sustainable management. Maintaining the fundamental tenets of equitable and sustainable fisheries management in nations endowed with oceans is paramount. State and government policies toward society and distributive equity are inextricably linked in managing fisheries resources; local governments may be entrusted with autonomous design and assistance responsibilities for these policies. As a result, a revised vision for constructing a sustainable, equitable, and ambitious blue economy is proposed. Promoting resource-based economic development in the marine and fisheries industrial sector while preserving coastal environments and marine resources through the blue economy concept is possible. This vision is founded upon the following five governance principles: inclusive and equitable processes, climate stability, sustainable consumption and production, circular processes, and the promotion of healthy ecosystems.
Regulation Model for Collecting State Revenue in Registration of Sale and Purchase Land Muchtar, Andhyka; Mujib, M. Misbahul
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.24

Abstract

Taxes serve as the primary source of income for the nation to finance its diverse requirements. Land sales and purchase taxes are a specialized sort of tax revenue. Nevertheless, the current taxing arrangements for land transactions enforced by the state remain unjust and need more legal certainty. This study evaluates the significance of state taxation regulations in land acquisitions, aiming to establish legal certainty and justice for the community. It proposes that state taxes on land sales should be determined based on the Tax Object Proceeds Value (NJOP). It advocates for implementing a self-assessment system to ensure equitable taxation and legal certainty in Indonesia. This study employs a doctrinal legal research methodology, conceptual approach, and statutory regulations. The sources utilized encompass primary and secondary legal texts, subsequently synthesized through deductive syllogism. The results indicate that the current rules for determining state tax deductions for land sales in Indonesia are invalid and unfair. This is because they need a self-assessment system, which leads to a lack of clarity and transparency. To address this issue, it is necessary to implement the Tax Deal System as the primary method for collecting sales and purchase taxes on land. This system would allow taxpayers to communicate with tax authorities to determine the land's fair value before conducting transactions to ensure that the transaction value and tax amount are based on the actual value of the land.
The Compliance of Regional Autonomy with State Administrative Court Decisions Baranyanan, Soeleman Djaiz; Firmandayu, Nilam; Danendra, Ravi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.25

Abstract

Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.
The Effectiveness of Accelerating Stunting Reduction Policy Sevilla, Jenifer; Nugroho, Asianto; Turymshayeva, Arida
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.31

Abstract

Indonesia has implemented various policies to accelerate stunting reduction, however whether these policies have effectively reduced stunting, because the prevalence of stunting is still high, at 30.8%. The government's involvement in creating and implementing stunting policies in Indonesia still needs to be effective in terms of legal substance, structure, and culture. This research employs socio-legal research methods and a comparative approach with Finland. This research shows, first, that the existing acceleration policy has yet to effectively overcome the problem of stunting in Indonesia because there is still a policy of implementing taxes on nutritious food commodities, which affects people's purchasing power. There is a need for socialization and integration of stunting policies across sectors, technical coordination between central and regional government organizations, and community participation in policy implementation. Second, comparative studies in Finland can provide new information regarding understanding health and formulating regulations for implementing taxes on unhealthy foods. Therefore, this research has the potential to enhance the prevention of stunting and provide valuable insights for the Indonesian government to formulate and implement policies.
Income Tax Regulations for Child Content Creators of TikTok Platform: Inefficacy of Indonesian Legal Frameworks Wulandari, Dinda Agustin; Jaelani, Abdul Kadir; Victoria, Ong Argo
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.35

Abstract

The massive growth of social media opens the door for anyone gain a lucrative content broadcasting which in turn benefit the subject in economic capacity and later becomes a potential of taxation object. However, not all content creators are subjected to income tax, such as the minors. The imposition of income tax must consider the subjective requirements which is related to the age of the tax subject. This study aims to examine the efficacy of Indonesian legal norms as a basis for imposing taxes on child content creators who have income above the minimum tax threshold. This research employs a statute approach completed with comparative perspective. Data were collected by investigating tax regulations in Indonesia and then comparing them with tax regulations in other countries. This study finds that income tax for minors is actually mentioned in Indonesian legislation. However, these regulations do not explicitly stipulate that children bear the responsibility for their own income tax. The law stipulates that the payment of a child's income tax integrates with their parent’s tax payment. This circumstance is different from the advanced countries like the USA and Australia where regulations regarding children's income tax are specifically addressed. Consequently, in Indonesia, minor content creators who have high incomes cannot be unequivocally subjected to income tax. This is because minors cannot obtain a Taxpayer Identification Number (NPWP) in their own name. For children with an economic capacity exceeding the minimum income threshold, obtaining a Taxpayer Identification Number is not mandatory.
Green Village Tourism in Indonesia: Regulation, Development and Challenges Wibowo, Dwi Edi; Nur, Muhammad
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.36

Abstract

Tourism is essential to economic growth and development at the national, sectoral, and local levels. Almost all regions face conflicts of interest in the management of tourism and tourist villages, stemming from the inability of tourist location managers to balance all interests with frequently over lapping regulations and policies. This research aims to examine and analyze the authority of the village government in regulating and managing tourist villages based on ecological justice in villages around the Borobudur Temple area, exploring the regulatory model for managing tourist villages based on ecological justice in villages around the Borobudur Temple area. The study employs a sociological-legal approach that prioritizes field research. Data sources consist of primary legal materials obtained through interviews, secondary legal materials obtained from literature, and tertiary legal materials. The data analysis method employs a variety of techniques. The research results indicate that the village government around the Borobudur temple area has the authority to manage and regulate tourist villages. This authority includes preparing tourist village development plans, granting business permits, regulating tourism activities, developing human resources, and collaborating with related parties. The proposed tourism village management model is a setting that focuses on ecological justice: community participation, environmental management, local economic empowerment, education, and environmental awareness. Ecological justice-based tourism villages must ensure equitable distribution of economic, social, and environmental benefits among all local community members, including vulnerable and marginalized groups.
Legal Protection in Land Acquisition for Public Interest: A Dilemma Between State Regulation and Social Welfare Irawan, Armalia Berlinda; Subekti, Rahayu; Sobirov, Bobur Baxtishodovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.38

Abstract

The development of infrastructure for the general interest in Indonesia continues to be encouraged by the Government to improve the general well-being, but it has to deal with public ownership by acquiring land for such development. This study determines the forms of legal protection for landowners affected by land acquisition. The study uses normative legal research, which compares legal issues in two countries, Indonesia and the Netherlands. This research is descriptive, using statute, conceptual, and case approaches. The results of this study show that legal protection for landowners affected by land acquisition in Indonesia, based on some cases in the investigated judgment, needs to protect and provide legal certainty for landowners fully. The case is based on unilaterally granting compensation, and the court has not filed a lawsuit for such compensation. The courts in Indonesia, in settling the land acquisition damages dispute, are more subject to existing rules that do not look at the situation on the ground. The implementation of the acquisition process carried out by the Evaluation Team must comply with the procedures in the land acquisition regulations. Secondly, legal protection for landowners affected by land acquisition in the Netherlands; based on several cases in the ruling under investigation, the Netherlands has provided legal protection in the form of high compensation for the cost of landowner losses. The Supreme Court is working hard for a reasonable outcome by providing high-value compensation. Both states have the same obstacle in implementing land acquisition: a dispute with landowners about compensation.
Curtailing Male Rape in Nigeria: Legal Issues and Challenges Aidonojie, Paul Atagamen; Antai, Godswill Owoche; John, Damina Joshua; Ibeh, Success; Adebayo, Adesoji Kolawole
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i3.43

Abstract

Despite the increasing prevalence and significant impact of male rape on the lives of many men in Nigeria, the issue has received limited attention. This study employs a hybrid research methodology to investigate the occurrences of male rape and the challenges in addressing its incidence in Nigeria. A total of 303 questionnaires were distributed to respondents, and the data were analyzed using descriptive and analytical methods. The findings reveal that male rape is indeed a widespread issue in Nigeria, and the existing legal framework is insufficient to effectively address this problem. Additionally, the study highlights that various legal, social, and psychological factors hinder efforts to reduce male rape in the country. The study concludes by emphasizing that rape is not a crime that exclusively affects women, but also constitutes a violent act against men. Therefore, the Nigerian government and stakeholders within the criminal justice system must take urgent steps, through legal reforms and justice mechanisms, to combat the silent but growing crisis of male rape in Nigerian society.
Governing Illegal Settlements: Housing Policy in Singapore and Australia Handayani, I Gusti Ayu Ketut Rachmi; Ehsonov, Jasurbek Rustamovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.44

Abstract

The increase in population has an impact on the proliferation of illegal settlements. This study determines and analyzes housing policies and administrative law enforcement about illegal settlements. The study uses normative legal research, which compares legal issues in two countries, Singapore and Australia. This research is descriptive, using both statute and conceptual approaches. The concept of administrative law enforcement and protecting citizens' fundamental rights are used as the basis for our analysis, combining it with legal system theory and administrative law enforcement. The research results show that, in substance, Singapore has a housing policy through Housing & Development Board, which is carried out on a massive scale and is quite successful in dealing with illegal settlements in urban areas about the size of the country's territory. Structurally, government institutions carry out administrative law enforcement through warnings and demolitions. Meanwhile, Australia has not been entirely successful, even though collaboration has been carried out between governments through Australia for Affordable Housing, the private sector, and housing communities. Australia enforces the law by issuing orders to stop using unauthorized buildings and imposing financial sanctions. Affordable and fair housing policies that the enforcement of administrative law can accompany are more effective in reducing illegal settlements than relying solely on the enforcement of administrative law alone or even criminal law. According to a culture of legal awareness, settlers who face various economic and social pressures are more difficult to discipline.

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