scholarly journals Perlindungan Hukum Terhadap Masyarakat yang Terpapar Limbah B3

2021 ◽  
Vol 8 (2) ◽  
pp. 28
Author(s):  
Zainal Abidin ◽  
Zul Akli ◽  
Johari J
Keyword(s):  
Qualitative Research ◽  
Local Governments ◽  
Civil Law ◽  
Legal Protection ◽  
Literature Study ◽  
Environmental Dispute Resolution ◽  
Environmental Disputes ◽  
Environmental Dispute ◽  
The Government ◽  
Written Sources

This research examines the legal protection of people who are victims of the B3 madical waste. This research is a qualitative research with literature study. The main sources in this research are written sources in the form of books, research results, and laws which  related to the issue. The results showed that the law provides protection to people who are exposed to the B3 madical waste, both criminal and civil law.  When  a dispute happening between the community and the company, the solution can be done in two ways, litigation and non-litigation. Settlement of environmental disputes through channels outside the court according to Article 85 paragraph (3) can only be done by using the services of a mediator and / or arbitrator to help resolve the dispute. Active community participation can be carried out by referring to Article 86 of the PPLH Law by establishing a free and impartial environmental dispute resolution institution facilitated by the government and local governments.

scholarly journals Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

2021 ◽  
Vol 2 (1) ◽  
pp. 53-60
Author(s):  
Zahranissa Putri Faizal
Keyword(s):  
Environmental Management ◽  
Strict Liability ◽  
Job Creation ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Environmental Disputes ◽  
Environmental Dispute ◽  
Before And After ◽  
The Government

With the limitation of the principle of fault-based liability, which is not effective in the implementation of the responsibility for activities with high risk, Law No. 23 of 1997 concerning Environmental Management and Law no. 32 of 2009 concerning Environmental Protection and Management which adheres to the principle of absolute responsibility or strict liability. The regulation regarding the principle of strict liability is clarified in Article 88 of Law no. 32 of 2009 (UU PLH). However, with the passing of the Omnibus Law, which changed Article 88 of Law no. 32 of 2009 becomes article 88 of the Omnibus Law, which eliminates the principle of strict liability. This writing uses a normative approach, a statutory approach. The data analysis used is a qualitative analysis. The elimination of strict liability in resolving environmental disputes is considered a shift, which in the provisions of Article 88 of the Job Creation Law seems to provide an opportunity for corporations to pollute the environment without firm accountability. The government seems to protect the sustainability of a corporation more than the interests of the community. The type of research used in this study is using normative legal research methods using a statutory approach and literature study.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

scholarly journals Bibliometric analysis of sustainable agriculture on human rights governance approach: concept of sustainability on human rights governance

2021 ◽  
Vol 306 ◽  
pp. 02008
Author(s):  
Nita Tri Oktaviani ◽  
Eko Priyo Purnomo ◽  
Lubna Salsabila ◽  
Aqil Teguh Fathani
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Rural Communities ◽  
Global Governance ◽  
Research Method ◽  
Agricultural Land ◽  
Literature Study ◽  
Black And White ◽  
Surrounding Environment ◽  
The Government

This study aims to examine social justice and human rights from the government’s perspective to promote Sustainable Development as well as from an agricultural perspective. This research method is qualitative research with literature study. literature study is carried out to find out various distances or findings that have not been found in previous research as a comparison in conducting current research. The literature findings show that some of the main topics appear most frequently based on data from Scopus, vosviewer and Nvivo12 plus. The results of this study of Global Governance of Human Rights with a total of 78 documents, but it is not comparable to the reality on the ground; namely, there are still many cases of human rights, racism and conflicts between black and white groups. Second, Global Human Rights Governance has an important role in the methodology of human rights analysis. From the perspective of global governance, the concept of sustainability is correlated with the idea of human rights such as the emergence of development in rural communities’ agricultural land which causes changes in their livelihoods as farmers which affect the economy and the surrounding environment. In the concept of SDGs, justice is one of the concepts that is of concern to the government that must be developed through a governance approach

scholarly journals Peran Pelayanan Pastoral bagi Ibu yang Mengalami Kekerasan Dalam Rumah Tangga

2020 ◽  
Vol 4 (2) ◽  
pp. 169-182
Author(s):  
Derselli P. Silitonga
Keyword(s):  
Qualitative Research ◽  
Domestic Violence ◽  
Public Sphere ◽  
Pastoral Care ◽  
Research Method ◽  
Literature Study ◽  
The Public ◽  
The Government ◽  
The Public Sphere

Abstract. Domestic violence is an issue that is considered a private household problem so it cannot merely be handled by the government or the authorities. For this reason, this study aimed to describe the important role of pastoral care in dealing with domestic violence. The method used in this research was descriptive qualitative research method. Data was collected through observation, interview and literature study and analyzed in depth and described descriptively. The result was that pastoral care is an effective way to deal with the problem of domestic violence by not bringing it into the public sphere and creating peace between husband and wife.Abstrak. Kekerasan dalam rumah tangga merupakan isu yang dianggap sebagai persoalan privat rumah tangga sehingga tidak begitu saja dapat ditangani oleh pemerintah atau pihak yang berwajib. Untuk itu, penelitian ini bertujuan untuk memberikan gambaran pentingnya peran pelayanan pastoral dalam menangani masalah kekerasan dalam rumah tangga. Metode yang digunakan dalam penelitian ini adalah metode penelitian deskriptif kualitatif. Data-data dikumpulkan melalui observasi, wawancara dan studi kepustakaan serta dianalisa secara mendalam dan diuraikan secara deskriptif. Hasilnya adalah pelayanan pastoral merupakan cara yang efektif untuk menangani masalah kekerasan dalam rumah tangga oleh karena tidak membawanya ke ranah publik dan menciptakan perdamaian di antara suami istri.

scholarly journals Upaya Pemberdayaan Masyarakat Kabupaten Purworejo Melalui Destinasi Pasar Digital

2020 ◽  
Author(s):  
Renadia
Keyword(s):  
Qualitative Methods ◽  
Community Involvement ◽  
Local Governments ◽  
Swot Analysis ◽  
Descriptive Analysis ◽  
Community Empowerment ◽  
Standard Of Living ◽  
Literature Study ◽  
District Government ◽  
The Government

Abstract. Community empowerment is one of the efforts undertaken by the community and the government in order to improve the standard of living by enhancing the potential and independence of the community, therefore, the local government is now intensively conducting community empowerment, for example the Purworejo district government. The purpose of this research is to analyze the factors that influence the success of Purworejo District Government's community empowerment program through the digital market. This study uses descriptive qualitative methods that can explain the process of community empowerment through digital market destinations. Data in this study were collected using observation techniques and literature study. Based on descriptive analysis, community involvement and participation in community empowerment programs through the digital market in Purworejo Regency must still be increased and strengthened to be able to achieve sustainability during the empowerment process. The conclusion from the results of this study is the SWOT Analysis (Strengths, Weaknesses, Oppurtunities, Threats) can be used as a consideration by local governments in developing community empowerment through digital markets.

scholarly journals Political Health Law in Indonesia in Baros District, Serang District

2020 ◽  
Vol 7 (9) ◽  
pp. 160
Author(s):  
Sulastri Sulastri ◽  
Yuliana Yuli W ◽  
Dwi Aryanti R ◽  
Satino Satino
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Health Law ◽  
Literature Study ◽  
National Interests ◽  
Strategic Role ◽  
The Government ◽  
The Right ◽  
Political Health ◽  
Health Laws

Everyone has a desire that he is always in a healthy condition and that public health must get legal guarantees and protection from the government. This is also damaging to the community in Baros Village, Baro District, Serang Regency. Health insurance and legal protection obtained by the community in the form of physical and spiritual welfare, shelter or a place to take refuge, a healthy environmental life and there is no discrimination in obtaining health care and obtaining legal protection for their health. As for the formulation of the problem in research on how to protect health laws in Baros Village. In this study, researchers used the literature study method and the type of dat used was secondary data. Law politics has a very strategic role. A political-law approach is needed so that the law that is enforced must always be based on national interests, then a political-law approach is needed. Likewise in matters of health, law politics is needed so that all people can obtain protection of the right to health which is a basic right of everyone.

COUNTERING CONSERVATIVE-RADICAL UNDERSTANDING BY MAINSTREAMING MODERAT ISLAM AND THE ROLE OF EDUCATIONAL INSTITUTION IN INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 1-14
Author(s):  
Amin Maghfuri
Keyword(s):  
Qualitative Research ◽  
Significant Role ◽  
Growth And Development ◽  
Educational Institution ◽  
Descriptive Analysis ◽  
Learning Processes ◽  
Educational Institutions ◽  
Literature Study ◽  
The Government

In recent years, the landscape showing a conservative tendency in religion hassignificantly increased. The Islamic Conservatives in Indonesia experienced unexpected and quite surprising growth and development, and perhaps reached its peak in the last 3-5 years. The negative excesses of this conservative tendency are quite worrying and have the potential to disrupt the sustainability of democracy and the integrity of the nation. This research seeks to elaborate efforts to mainstream moderate Islam which is the main agenda of the government (Ministry of Religion) as a step to counter conservative understanding and see how the role of educational institutions there. This research is a qualitative research focusing on the literature study and using a descriptive-analysis approach. The results of this study indicate that in an effort to mainstream moderate Islam, educational institutions play a significant role although not the only determinant. This role can be realized through several aspects such as curriculum and learning processes in educational institutions, supervision and guidance of programs or activities outside the curriculum of educational institutions starting from elementary to high levels, as well as through educational institutions policies.

scholarly journals Implementation of Large-Scale Social Restrictions Policy (PSBB) in Bogor District Government

2020 ◽  
Vol 4 (1) ◽  
pp. 70
Author(s):  
Retnowati WD Tuti ◽  
Ma'mun Murod ◽  
Tria Patrianti
Keyword(s):  
Local Governments ◽  
Large Scale ◽  
Central Government ◽  
Virus Disease ◽  
Regional Government ◽  
Literature Study ◽  
Corona Virus ◽  
District Government ◽  
The Republic ◽  
The Government

Large-scale Social Limitation (hereinafter referred to as PSBB) is one form of concern. The government and local governments are Pendemic throughout Indonesia and the world, namely Pandemic Corona Virus Disease (Covid-19). Bogor Regency, which is one of the buffer cities of the Republic of Indonesia, is an area that is quite vulnerable in spreading the Corona virus. Why? because many DKI Jakarta employees / laborers live in Bogor Regency, whose mobility is very high. With the birth of Regent Regulation No. 16 of 2020 concerning Implementation of Large- Scale Social Restrictions in Handling COVID-19 in order to conserve the use of Covid 19. The purpose of this study is to analyze the Implementation of Large Scale Social Limitation Policies in the Government of Bogor Regency. This research method uses Qualitative Methods with Literature Study research methods. (Huberman, Miles, 1994). The technique of inviting data is by searching Scientific Journals, Online Mass Media, Legislation and Books. The technique to determine Online Media by Pusposive, while for data analysis using Nvivo 12 Plus. Test the validity of the data by testing the data source. The results of the study show that the implementation of the Large-Scale Social Limitation Policy in the Bogor District Government has not yet proceeded, starting from the clash of authority between the Central Government and the Regional Government so that it cannot make improvements, and many more are in accordance with the provisions of Covid-19 and its distribution. Social assistance to the community.

scholarly journals LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals Legal Protection on Sinking Victims of KM. Sinar Bangun Ship at Toba Lake in the Criminal Law Perspective

2020 ◽  
Vol 3 (1) ◽  
pp. 437-451
Author(s):  
Riswan Munthe ◽  
Sri Hidayani
Keyword(s):  
Qualitative Research ◽  
Criminal Law ◽  
Social Assistance ◽  
Legal Protection ◽  
Research Approach ◽  
Permanent Disability ◽  
Legal Proceedings ◽  
Accident Victim ◽  
The Government ◽  
Social Affairs

This research deals with legal protection on sinking victims Of Km Sinar Bangun Ship at Toba Lake in the criminal law perspective. This type of research used in this study is in the form of qualitative research with an empirical juridical research approach. The result shows that the form of legal protection given to the victims sinking of KM. Sinar Bangun in Toba Lake is that every accident victim is entitled to protection based on the provisions of the legislation, which is provided by the government in the form of direct social assistance in the form of cash through the Ministry of Social Affairs, types of compensation for victims in the form of death compensation, permanent disability compensation, and survivors. Each accident victim also received compensation from PT Jasa Raharja (Persero), the amount of which was determined by the miniser of finance, in addition to other legal protections the implementation of legal proceedings for the occurrence of criminal acts.

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