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Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 82 Documents
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PENERAPAN TANGGUNG JAWAB MUTLAK RUMAH SAKIT DALAM PELAYANAN KESEHATAN DI INDONESIA Muhammad Ainurrasyid Al Fikri; Fatma Ulfatun Najicha
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i1.23125

Abstract

Doctor and patient are a legal relationship in a business engagement (inspanning verbintenis) and not a result bond (resultaat verbintenis). Even so, doctors are still responsible for any negligence that brings harm to patients. Until now, there is still confusion in Indonesia, whether medical liability is based on default or unlawful acts, even though as an inspiring verbintenis the basis for a suit that is more appropriate to use is an act against the law. This research was conducted by comparing the law with the statute approach, the conceptual approach and the case approach. Analysis of absolute responsibility cases in Indonesia is very necessary in order to provide justice for the community, especially in health law.
PERTANGGUNGJAWABAN MEDIS ATAS KORBAN TINDAK PIDANA MALPRAKTEK KEDOKTERAN Ferdin Okta Wardana
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i1.23127

Abstract

The responsibility of the medical world to victims of criminal acts of medical malpractice is that the responsibility for the practice is an error of omission or negligence when determining the execution that results in injury or death, besides that there are no mistakes made by wrongful considerations for which the responsibility is asked. From that explanation, the formulation of the problem: the factors that cause doctors to malpractice, the regulation of medical malpractice according to Indonesian criminal law, what kind of responsibility is carried out by a medical person for malpractice according to health law, the method used is normative juridical, namely by reviewing books and also health law literature, sources of data obtained are primary and secondary legal materials consisting of the Criminal Code, Health Act and secondary legal materials consisting of books, literature and journals. The datacollection technique is carried out by how to review and review legal books related to health law. The results of this study are expected that a doctor is always careful in carrying out a medical practice so that malpractice does not occur in addition to the need for a patient to understand and also consult his illness so that a doctor understand understand the illness he suffers, for the law to be reaffirmed because it is still lacking with what is happening in the field.
Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia Muhammad Ainurrasyid Al Fikri
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23130

Abstract

Strict liability in the context of companies in environmental damage refers to the legal principle which states that companies can be held fully responsible for environmental damage resulting from their operational activities, without having to prove the fault or negligence of the company. This means that the company can be held responsible for environmental damage caused, whether intentionally or unintentionally. This study used normative legal research, while the approaches used are combining statutory, a conceptual 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. The principle of strict liability in environmental damage has a number of important implications. First, companies are required to take careful precautions in their operations to prevent environmental damage. They must follow strict environmental standards and implement suitable technologies to reduce their negative impact on the environment. Second, companies must pay compensation for environmental damage resulting from their operations, even if they are not to blame for the damage. The principle of strict liability eliminates the need to prove the company's fault or negligence, therefore that the company must be financially responsible for the environmental losses incurred.
Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law Ummi A’zizah Zahroh; Fatma Ulfatun Najicha
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23131

Abstract

Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and plastic waste, which has adverse effects on marine life and human health. Environmental laws in Indonesia include a range of regulatory measures, such as the Environmental Impact Assessment (EIA) and Forest Law Enforcement, Governance and Trade (FLEGT) programs. However, the implementation of these laws is often inadequate, with weak enforcement and a lack of effective penalties for non-compliance. Moreover, corruption and lack of political will have been identified as key factors that hinder the effective implementation of environmental laws in Indonesia.
Bitcoin's Position in Indonesian Currency Law Eduardus Robert Arminanto; Kukuh Ari Firmansyah
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23132

Abstract

The influence of technology and developing information is indeed extraordinary on human life. Economic development is also inseparable from the growing technology, for example in transaction procedures in a matter. Bitcoin came up with a new innovation in the form of a cryptocurrency that uses a payment network from user to user. Crypto has become a phenomenon nowadays. Based on the results of the Global Web Index Survey, 10% of internet users in Indonesia already own digital currencies, it can be said that Indonesia is ranked 5th most crypto users in the world. Crypto or can be called crytocurrency has a fairly high risk. Then kirpto has a change in value that is only enthusiasm at any time. Krip toalso has a lack of regulation and still leaves legality issues. This research was conducted to determine the existence of bitcoin trading to the national economy. The use of bitcoin over time is increasing in Indonesia. For this reason, before the use of bitcoin is increasing, we must understand the influence and impact of bitcoin trading on the national economy. Only nine countries have legalized bitcoin, it is questionable why many countries have not legalized bitcoin. This study aims to find out how bitcoin trading conditions in Indonesia. The results of this journal will discuss the effect of bitcoin trading on the national economy even though in Indonesia it is prohibited and recognized as legal tender. This can be viewed from several factors such as from the nominal side of bitcoin which is considered excessive, especially in the picture of the economic crisis.
Readiness Level of Employees in Position Transfers at State Universities: Analysis of State Administrative Law Perspective Siti Mursidah; Eko Handoyo; Mulyo Widodo
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23133

Abstract

The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support.
Violation of Installing Notary Nameplates Based on the Notary’s Code of Conducts Fira Adhisa Rivanda
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23134

Abstract

The Notary Code of Ethics aims to be a guideline for Notaries to maintain dignity in carrying out their position as a Notary. Enforcement of the Notary's Code of Ethics must be enforced so that Notaries do not experience irregularities in carrying out their positions, but in practice there are still many who do not pay attention to the provisions as in the code of ethics, especially regarding the arrangement of installing a Notary's nameplate which is regulated in the Notary's Code of ethics tends to be ignored and causes Notaries to experience violations code of Ethics. The purpose of this research is to analyze the arrangements for installing notary nameplates based on the noris code of ethics and efforts to impose sanctions on notaries who violate the code of ethics on installing notary nameplates. This study uses normative juridical by using written legal materials. The results of this study are that the arrangement for installing a Notary's nameplate is regulated in the Notary's code of ethics and Supervision for notaries is carried out by two different institutions, namely the Notary Supervisory Board externally and the Notary Honorary Council internally.
Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights? Zaharuddin Sani Ahmad Sabri; Muhammad Zaidan Syafiqy Akhmad
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23139

Abstract

The State Administrative Court (PTUN) plays an important role in adjudicating state administrative conflicts, issuing final and impactful State Administrative Decisions (KTUN). Recipients aggrieved by these decisions have a 90-day window, as mandated by Article 55 of the Administrative Court Law (UU PTUN), to file a lawsuit if they believe the KTUN violates established laws, regulations, or principles of good governance. Despite its apparent procedural clarity, the 90-day timeframe has become a subject of public controversy, prompting four challenges to its constitutionality before the Constitutional Court. Critics argue that this stringent deadline, rather than achieving its intended goals of legal certainty and political stability, poses a potential threat to human rights. This study employs normative legal research techniques, library law research, and meticulous data collection to dissect the complexities surrounding the State Administrative Court's lawsuit filing deadline. The findings underscore the contentious nature of the 90-day limit, emphasizing its potential adverse effects on human rights and its perceived departure from its intended purposes. By elucidating these dimensions, the study aims to foster a deeper understanding of the controversy and its implications.
Unmasking Electoral Turmoil: The General Election Supervisory Agency's Battle Against Disputes in Indonesia’s Democracy Budi Purwanto; Dina Puji Wahyuni; Ahmad Rafiq Jatihusudo
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23140

Abstract

This paper critically examines the mechanisms employed by the General Election Supervisory Agency (Bawaslu) in Indonesia for resolving election disputes. Focusing on the country’s democratic landscape, where electoral integrity is paramount, the study delves into the procedural framework and legal avenues that the Bawaslu employs to address election-related conflicts. The research explores the historical context and evolution of the Bawaslu's role, shedding light on its establishment, powers, and responsibilities. By analyzing case studies and key instances of election disputes, the paper evaluates the efficacy and responsiveness of the Bawaslu in managing and adjudicating conflicts within the electoral process. Additionally, the study investigates the legal instruments and regulations governing the Bawaslu's dispute resolution functions. This includes an examination of the agency's authority in interpreting electoral laws, handling complaints, conducting investigations, and rendering decisions. The paper scrutinizes the transparency, accountability, and impartiality of the Bawaslu’s decision-making processes. Furthermore, the research assesses the impact of Bawaslu’s decisions on the broader electoral system, considering implications for public trust, political stability, and the overall health of Indonesia's democracy.
E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law Hafizh Daffa Setiawan; Mohammed Erhuma; Amarru Muftie Holish
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23141

Abstract

This study on the legitimacy mechanisms of electronic evidence within the State Administrative Procedure Law is intrinsically connected to Indonesia’s ongoing efforts to modernize its legal landscape. The acknowledgment of electronic information and documents as valid evidence aligns with Indonesia’s commitment to adapting its legal framework to the digital era. The legal issues explored within the context of the E-Court paradigm shift resonate with Indonesia's broader initiatives to enhance judicial efficiency and access to justice. As Indonesia grapples with the challenges of incorporating electronic evidence within its administrative procedures, the study sheds light on the specific hurdles faced within the Indonesian legal system. Regulatory complexities and resource constraints resonate with Indonesia’s broader struggle to harmonize its legal infrastructure with the demands of the digital age. Moreover, the study emphasizes the importance of a proportionate mechanism in addressing legitimacy concerns, aligning with Indonesia’s commitment to fostering a fair and balanced legal environment. The conclusion highlighting the critical role of the validation process reflects Indonesia’s dedication to ensuring the integrity and reliability of electronic evidence within the legal proceedings.

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