Indonesian State Law Review (ISLRev)
Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang
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82 Documents
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK
Joshua Evandeo Irawan;
Sari Mandiana;
Agustin Widjiastuti;
Astrid Athina Indradewi;
Andrian Nathaniel
Indonesian State Law Review Vol. 4 No. 1 (2021): Indonesian State Law Review, 2021
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i1.23071
This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.
TINGKAT KEPATUHAN DISIPLIN PNS OLEH PEGAWAI NEGERI SIPIL DI LINGKUNGAN KABUPATEN PEMALANG
Mentari Berliana Kemala Dewi;
Mila Rizki Aulia;
Septhian Eka Adiyatma;
Dewi Sulistianingsih
Indonesian State Law Review Vol. 4 No. 1 (2021): Indonesian State Law Review, 2021
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i1.23072
Civil Servants, which were later abbreviated as PNS in Law (N0).5 of 2014 concerning State Civil Apparatus, are tasked with providing services to the community in their bureaucratic structure towards a good governance structure. PNS according to Government Regulation No. 53 of 2010 which regulates the discipline of civil servants is made with the aim of taking disciplinary action for the bureaucracy so that it can carry out its duties and obligations to the community with good work procedures. This study will examine how the implementation of civil servant discipline in the Pemalang Regency environment and how to overcome the obstacles found in its implementation. The purpose of this study was to determine the implementation of Government Regulation No. 53 of 2010 and the awareness of civil servants in responding to the rules that apply in Pemalang Regency. This research method uses sociological juridical, with analytical descriptive which will produce primary and secondary data related to the application of civil servant discipline, the analytical method used is qualitative analysis which will produce in-depth research in order to find out the problems that arise and can provide existing solutions.
Implementation of New Energy and Renewable Energy Policy in the Context of National Energy Security
Alitsha Jasmine Adellea
Indonesian State Law Review Vol. 4 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i2.23088
Energy sovereignty in Indonesia is experiencing problems with a decline in national energy security. Indonesia's energy system is currently facing serious challenges. The imbalance in the condition of energy supplies with national energy needs, especially the oil and gas sector and efforts to fulfill national energy needs in a sustainable manner are the main problems of this nation in the energy sector. It is absolutely necessary to have strategic efforts in the field of creating new and renewable energy. Although the government has issued various policies to catch up, but to realize national energy security, it is necessary to urgently regulate the development of renewable energy as a form of supporting national energy security.
Non-compliance with Constitutional Court Decisions as an Act of Contempt of Court
Freidelino de Sousa
Indonesian State Law Review Vol. 4 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i2.23089
As one of the institution that holding the judicial power according to article 24 and 24C in Constitution of Republic of Indonesia, Constitucional Court is enforcing the law and justice through its decisions. By Its decisions, the expectation is all the legal issues in constitucional field could be resolved. Disobeying of Constitucional Courts orders is categorized as contempt of Constitucional Court as judicative branch. Disobeying of constitucional courts order principally is a contempt of court, where it could be punished according to article 216 (1) Indonesian Penal Code.
Strategy to Strengthen State Administrative Law in Eradicating Corruption Practices by State Administration Officials
Charren Hendrik
Indonesian State Law Review Vol. 4 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i2.23090
The lenient regulation of State Administrative Law is giving the practice of corruption an opportunity to take place in the enforcement of Indonesian governance. When in reality, the State Administrative Law is supposed to regulate various state administration activities, in which taking care of the practice of corruption being one of them. Therefore, this research offers strategies of the eradication of corrupt practices that have inflicted the state’s financial loss. The eradication can be done by reinforcing the implementation of a proper government. Various attempts are required to be done in order to construct a corruption-free governance’s structure, such as, applying the principle of good governance and closed bureaucratic system in the practice of the state’s enforcement; establishing a leadership spirit in a righteous governance to escalate the integrity and ethics of the state’s enforcement in order to steer clear from deviation and abuse of power; reinforcing the State Administrative Law by establishing strict, definite, and measurable laws; conducting and reinforcing anti-corruption establishment in both the state’s central and the countryside. The method of research applied is normative law research, which is by studying the law’s regulation in the Constitution and describing the role of the State Administrative Law as the authorized regulation that has the power to combat the crime of corruption.
The Role of the Regional Government of Boalemo Regency in Overcoming Mining Pollution Problems in the District of Pguyaman Pantai
Pantika Maluyu
Indonesian State Law Review Vol. 4 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i2.23091
This research is a field research that uses data collection techniques by means of interviews, documentation and observation. This study aims to determine the impact on the people of Paguyaman Pantai District, especially the people of Limbatihu village as a result of continuous mining of pica stone and to understand the role of the government in overcoming pollution problems caused by pica mining companies in Paguyaman Pantai District. . This study uses descriptive qualitative. This study has two problem formulations, namely: first, what is the impact of environmental pollution by the pica stone mine in Paguyaman Pantai District? secondly, what is the role of the local government of Boalemo in overcoming the problem of environmental pollution from the pica stone mine in Paguyaman Pantai District? With the existence of the two main issues above, it can become a fundamental problem formulation in this research, so that the role of the Regional Government of Boalemo Regency in Overcoming Mining Pollution Problems in Pguyaman Pantai District is found, environmental pollution of the pica stone mine has troubled the surrounding community. The author really hopes that the regional government of Boalemo Regency will be able to overcome this pollution problem, protect the environment and create the health and welfare of the people in Paguyaman Pantai Subdistrict, especially the people of Limbatihu Village.
Implementation of Regional Regulation Number 16 of 2014 concerning the Arrangement and Empowerment of Street Vendors (PKL) on the Compliance Level of Business Actors in Grobogan Regency
Amel Nurul Fadzilah Sidqi;
Nadila Puspitasari
Indonesian State Law Review Vol. 4 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v4i2.23092
The existence of street vendors has opened up job opportunities so that the unemployment rate can be suppressed and its existence is needed by the lower class, because the prices are relatively cheaper than modern shops or restaurants. Street vendors always take advantage of places that are always seen as profit, for example the city center, crowded places to places that are considered to have the potential to become tourist attractions. On the one hand, the existence of street vendors is one of the safety valves to overcome unemployment as a whole, but on the other hand the phenomenon or growth of street vendors has resulted in the disruption of aspects of public order which are prerequisites for the ideal conditions of a city. To overcome these problems, the Grobogan Regency Government issued Regional Regulation (Perda) No. 16 of 2014 concerning the arrangement and empowerment of Street Vendors.The problem in this research is how the implementation of Regional Regulation Number 16 of 2014 concerning the Arrangement and Empowerment of Street Vendors on the Compliance Level of Business Actors in Grobogan Regency. The research method used is sociological juridical. The focus of the location is in Purwodadi City, Grobogan Regency. Research results Grobogan district government plays a role as enforcer of regional regulation no 16 of 2014 on the level of compliance of street vendors by providing guidance and direct action for the implementation of public order and city tidiness in Grobogan Regency. The research took place in June-July 2022 at the Grobogan district Satpol PP office. The role of the Grobogan district government in enforcing Regional Regulation No. 6 of 2014 has been going well. However, along the way, there are still some obstacles experienced by the government, namely there are still many naughty traders and the lack of supporting infrastructure for members of the Satpol PP.
PENERAPAN STRICT LIABILITY OLEH PERUSAHAAN DALAM RANGKA KONSERVASI LINGKUNGAN HIDUP DI INDONESIA
Muhammad Ainurrasyid Al Fikri;
Fatma Ulfatun Najicha;
I Gusti Ayu Ketut Rachmi Handayani
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v5i1.23122
Strict liability is absolute responsibility imposed on perpetrators of environmental violations that result in losses to both the environment and the community around the environment. The research used in this paper is juridical normative and uses a statutory approach, a conceptual approach and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia.
IMPLEMENTASI KEBIJAKAN PAJAK PERTAMBAHAN NILAI DALAM KONFLIK PENYERAHAN JASA DI KAWASAN FREE TRADE ZONE
Khansa Salsabila;
Fatma Ulfatun Najicha
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v5i1.23123
Free Trade Zone area has its own rules in tax collection, including the delivery of taxable service. However, in the implementation of the policy in tax collection, there are still errors that cause conflicts between taxpayers and tax authorities. For example, such as the article in the Regulation of the Minister of Finance Number PMK-62/PMK.03.2012 which gives rise to multiple interpretations for taxpayers. The author will describe the implementation of correct policies in taxable service conflicts in the free trade zone using empirical juridical and normative juridical research methods. In the law there is the principle of lex posterior derogat legi priori which means that the new law (norm/legal rule) nullifies the validity of the old law (norm/rule of law). In addition, the use of the principle of legal fiction which assumes that when a statutory regulation has been promulgated, at that time everyone is considered to know (presumption iures de iure) and the provisions are binding. Thus, the taxpayer should be aware of the latest regulations regarding tax collections that he must pay. In this case, taxpayers can use the latest regulation, Regulation of the Minister of Finance PMK Number 171/PMK.03/2017.
PERLINDUNGAN LINGKUNGAN DALAM UU CIPTA KERJA
Reyhandhi Alfian Muslim;
Fatma Ulfatun Najicha
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang
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DOI: 10.15294/islrev.v5i1.23124
On October 5, 2020, the Indonesian government passed the Omnimbus Law which contained various kinds of legislation. Including the environment which is also regulated in the Omnimbus Law. On the one hand, this regulation provides hope for Indonesia's economic growth. However, on the other hand, this regulation has the potential to damage the environment and is not in line with the Indonesian Government's commitment to reduce greenhouse gas (GHG) emissions, which in it weakens instruments for environmental protection and management. Weakening of environmental instruments has the potential to increase greenhouse gas emissions through high-carbon activities and investment in fossil energy. Therefore, this paper will critically analyze how the weakening of environmental instruments in the Omnimbus Law and the Revision of the Minerba Law hampers the fulfillment of Indonesia's greenhouse gas emission reduction targets in the era of restoring national economic stability.