The Consequence of the Legal Application of Forest Area Defense Principles and Approval Principles

Law Number 11 of 2020 concerning Job Creation is believed to be able to save Indonesia because it is considered to be able to create jobs, assist small business actors, streamline regulations in terms of numbers and simplify regulations to make them more targeted. On the other hand, the job creation law is considered to be detrimental to many groups, such as workers such as laborers, fishermen, and farmers who are also considered to only provide benefits to entrepreneurs. Law Number 11 of 2020 with new rules and amendments to Article 18 and Article 19 of Law Number 41 of 1999 concerning Forestry. In Law Number 41 of 1999 concerning Forestry, it is regulated that changes in the allocation and function of forest areas are determined by the Government based on the results of integrated research. Second, the area offorest that must be maintained is at least 30% (percent) of the area of river watersheds and/or islands with a proportional distribution. However, in the Job Creation Law the minimum figure of 30% (thirty percent) is no longer mentioned in the amendment article and the abolition of provisions related to the DPR’s authority in giving approval for the transfer of functions/changes in forest areas. This paper aims to find out the principles that have been violated and the legal consequences of applying the article. The research method used in this research is the type of normative legal research. The results of this study indicate that there are deviations from the land principle and the principle of consent which can cause the norms contained in Article 18 paragraph (2) and Article 19 paragraph (2) of Law Number 11 of 2020 to be less enforceable. The abolition of the minimum area of forest area and the abolition of the DPR’s authority to approve the transfer of functions/changes to forest areas, will have the potential to provide greater opportunities for deforestation.

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2153.181-186 ◽

2020 ◽

Vol 1 (1) ◽

pp. 181-186

Author(s):

I Gusti Agung Gede Catra Artawan ◽

I Nyoman Budiartha ◽

I Nyoman Sutama

Keyword(s):

Research Methods ◽

Descriptive Analysis ◽

Field Research ◽

Soil Surface ◽

Underground Water ◽

Legal Research ◽

Groundwater Exploitation ◽

Secondary Sources ◽

The Government ◽

Legal Consequences

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).

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Akibat Hukum Pada Pemisahan Simpanan Dari Nasabah Bank Saat Likuidasi Untuk Memperoleh Jaminan Dari Lembaga Penjamin Simpanan

Jurnal YUSTITIABELEN ◽

10.36563/yustitiabelen.v7i2.341 ◽

2021 ◽

Vol 7 (2) ◽

pp. 128-145

Author(s):

Reka Dewantara ◽

Mahandhani Wahyu Ibrahim

Keyword(s):

Deposit Insurance ◽

Banking Sector ◽

Legal Research ◽

Analysis Technique ◽

Banking Stability ◽

The Government ◽

The Right ◽

Economic Crimes ◽

Interpretation Method ◽

Legal Consequences

Abstrak. Penelitian dalam artikel ini menjelaskan tentang adanya celah hukum yang terkait dengan kontrak penjaminan simpanan LPS terhadap syarat dan ketentuan penjaminan simpanan nasabah. Praktiknya perilaku pemecahan dana simpanan belum ada aturan lebih lanjut, sehingga muncul pertanyaan apa akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS. Artikel ini adalah penelitian hukum dengan memakai pendekatan perundang – undangan dan pendekatan kasus. Teknik analisis memakai metode interpretasi gramatikal dan sistematis. hasil penelitian ini, penulis berpendapat pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminanan dari LPS adalah tindakan nasabah yang diuntungkan secara tidak wajar, sesuai pasal 19 ayat (1) huruf b Undang Undang tentang LPS dan terdapat unsur pidana penipuan, tindak pidana di bidang perbankan, dan tindak pidana ekonomi. Akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS, yaitu hak nasabah (nasabah yang tidak melakukan tindak pemecahan dana simpanan untuk mendapatkan penjaminan dari LPS ) untuk mendapat penjaminan simpanan secara adil, hak LPS untuk tidak melakukan (omission) membayarkan penjaminan simpanan nasabah yang melakukan pemecahan dana simpanan, dan hak pemerintah untuk melakukan (commission) menjaga stabilitas perbankan dari tindakan pemecahan dana simpanan oleh nasabah dengan tujuan dijaminkan simpanannya. Abstract. The research in this article describes the existence of legal loopholes related to the LPS deposit guarantee contract against the terms and conditions of customer deposit insurance. In practice, there is no further regulation on the behavior of splitting deposit funds, so the question arises what are the legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS. This article is a legal research using a statutory approach and a case approach. The analysis technique uses a grammatical and systematic interpretation method. the results of this study, the authors argue that the breakdown of deposit funds by BDL customers to obtain guarantees from LPS is an act of customers who benefit unreasonably, according to article 19 paragraph (1) letter b of the Law on IDIC and there is an element of criminal fraud, criminal acts in the banking sector , and economic crimes. The legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS, namely the right of customers (customers who do not perform the act of splitting their deposit funds to obtain guarantees from LPS) to obtain a fair deposit guarantee, the right of LPS not to (omission) to pay deposit guarantees customers who split their deposit funds, and the right of the government to undertake (commission) to maintain banking stability from the act of splitting their deposit funds by customers with the aim of securing their deposits.

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The Employment Cluster of Omnibus Law: Embodiment the Concept of Nachtwakerstaat or Welfarestate?

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v15no2.2219 ◽

2021 ◽

Vol 15 (2) ◽

pp. 93-118

Author(s):

Anak Agung Gede Duwira Hadi Santosa ◽

Kadek Agus Sudiarawan ◽

I Made Marta Wijaya

Keyword(s):

Research Method ◽

Industrial Relations ◽

Job Creation ◽

Concept Analysis ◽

The State ◽

Analysis Approach ◽

Legal Research ◽

Labour Law ◽

Legal Concept ◽

The Government

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor

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THE LEGAL CONSEQUENCES OF INCOMPLETE BUILDING LICENSE TO THE SALES AND PURCHASE AGREEMENT OF APARTMENTS (CASE STUDY OF MEIKARTA’S INCOMPLETE BUILDING LICENSE)

Profit : Jurnal Kajian Ekonomi dan Perbankan Syariah ◽

10.33650/profit.v1i1.317 ◽

2017 ◽

Vol 1 (1) ◽

Author(s):

Sujana Donandi S

Keyword(s):

Research Method ◽

Legal Research ◽

The Government ◽

Legal Consequences

The construction of Meikarta, a place which is claimed as The New Jakartaon an Approximately 500 acres (ha) land has attracted public attention.There have been 117.797 reservation for apartments unit of Meikarta.However, the rejection from the government due to the incomplete buildinglicense of Meikarta has caused 2 main problems regarding the validity of theagreement of the apartment and its legal consequences caused by theincomplete building license. The purpose of this research are to examine thelegal validity of sales and purchase agreement of apartment which itsconstructing license is incomplete and To determine and describe the legalconsequences of it. This research will be conducted using normative legalresearch method. Normative Legal Research Method is a legal researchconducted by examining literacy sources or secondary sources.An Agreementof an apartment like Meikarta which its building license incomplete is nulland void.The status of an agreement that is null and void brings legalconsequences for each parties to restore themselves to the previous positionbefore the agreement was conducted, so that each parties should return backright of other party and vice versa.

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The Implementation of Labor Development Principles According to Job Creation Law as a Reason to Protect Wages Rights

BESTUUR ◽

10.20961/bestuur.v9i1.49252 ◽

2021 ◽

Vol 9 (1) ◽

pp. 94

Author(s):

Nur Putri Hidayah ◽

Quincy R. Cloet ◽

David Pradhan

Keyword(s):

Family Members ◽

Job Creation ◽

National Development ◽

Labor Law ◽

Legal Protection ◽

Legal Research ◽

Basic Rights ◽

The Government ◽

Better Than

Wages as labor’s basic rights have changed since the Job Creation Law was enacted. It is essential that wages be distributed following the principle of job creation to contribute to the national development for the whole people. This research aims to compare the regulation vis-à-vis legal protection and the implementation of the principles of labor development. With normative legal research and statutory approach, this research reveals that the legal protection regarding wages in the new regulations are not far better than the former ones. The wage policies that were initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. With the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members. Supervision conducted by the government is required to ensure that labor’s rights to wages are protected.Keywords: Wages; Development of Labor; Job Creation.

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

Administrative and Environmental Law Review ◽

10.25041/aelr.v2i1.2318 ◽

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.

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PERJANJIAN KERJA WAKTU TERTENTU PASCA UNDANG-UNDANG CIPTA KERJA: IMPLEMENTASI DAN PERMASALAHANNYA

DiH Jurnal Ilmu Hukum ◽

10.30996/dih.v17i2.4657 ◽

2021 ◽

Vol 17 (2) ◽

pp. 178-191

Author(s):

Dewa Gede Giri Santosa

Keyword(s):

Research Methods ◽

Job Creation ◽

Legal Research ◽

Government Regulations ◽

Employment Agreement ◽

The Government

AbstractAfter Law No. 11 of 2020 concerning Job Creation has been enacted, there are several changes regarding the provisions related to fixed-term employment agreements previously regulated in Law No. 13 of 2003 concerning Manpower. Law No. 11 of 2020 experienced rejection from many workers because there were several changes to the provisions regarding fixed-term employment agreements which were feared to cause problems in its implementation. One of them is related to changes in the provisions regarding the period of time for a fixed-term employment agreement which is determined by the employment agreement itself and is not limited by law. This research uses normative legal research methods. The results of the analysis show that there have been several changes related to the regulations regarding fixed-term employment agreements in Law No. 11 of 2020 and with these changes, there are still some problems and legal voids in several provisions, thus the government should issue government regulations and/or other implementing regulations deemed necessary to address these problems.Keywords: employment agreement; fixed-term employment agreement; job creation lawAbstrakSetelah diundangkannya Undang-Undang No. 11 Tahun 2020 tentang Cipta Kerja, terdapat beberapa perubahan mengenai ketentuan-ketentuan terkait perjanjian kerja waktu tertentu yang sebelumnya diatur dalam Undang-Undang No. 13 Tahun 2003 tentang Ketenagakerjaan. Undang-Undang No. 11 Tahun 2020 tentang Cipta Kerja kemudian mengalami penolakan dari banyak pekerja karena terdapat beberapa perubahan ketentuan mengenai perjanjian kerja waktu tertentu yang dikhawatirkan akan menimbulkan permasalahan dalam implementasinya. Salah satunya adalah terkait perubahan ketentuan tentang jangka waktu untuk dapat dilakukan perjanjian kerja waktu tertentu yang lamanya ditentukan oleh perjanjian kerja dan tidak diatur mengenai batas maksimalnya dalam undang-undang. Penelitian hukum ini merupakan penelitian hukum normatif. Hasil dari analisa menunjukkan bahwa terdapat beberapa perubahan terkait aturan-aturan mengenai perjanjian kerja waktu tertentu dalam Undang-Undang No. 11 Tahun 2020 tentang Cipta Kerja dan terhadap perubahan-perubahan tersebut masih ditemukan beberapa permasalahan serta kekosongan hukum pada beberapa ketentuan, sehingga pemerintah patut menerbitkan peraturan pemerintah dan/atau peraturan pelaksana lainnya yang dianggap perlu untuk menangani permasalahan tersebut.

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Natural Resources Management Rights in Land Conservation Areas in Coastal Areas and Small Islands Based on Environmental Sustainability

International Journal of Sustainable Development and Planning ◽

10.18280/ijsdp.160711 ◽

2021 ◽

Vol 16 (7) ◽

pp. 1309-1316

Author(s):

Adonia Ivone Laturette ◽

Rory Jeff Akyuwen ◽

Barzah Latupono ◽

Arman Anwar ◽

La Ode Angga ◽

...

Keyword(s):

Law Enforcement ◽

Environmental Sustainability ◽

Spatial Planning ◽

Central Government ◽

Legal Analysis ◽

Legal Research ◽

Conservation Areas ◽

Legal Principles ◽

The Government ◽

Legal Consequences

The coastal area is an area that is very intensively used for human activities, such as the central government area, settlements, industry, ports, aquaculture, agriculture/fishery, tourism, and so on. The existence of these various activities raises the need for space as supporting facilities and infrastructure for each of these activities. This research is a normative legal research. normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal problems faced. The answer obtained from the legal analysis regarding the legal consequences is that the Government does not specifically regulate the regulation of land rights in conservation areas which are determined through the Regional Spatial Planning (RTRW) and Regional Spatial Planning (RZWP3K) so that the legal consequences are uncertainty in law enforcement and also overlapping powers.

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WAKAF SEBAGAI BENDA PUBLIK DAN PERLINDUNGAN HUKUM KEABADIANNYA TERHADAP PERALIHAN DAN PERUBAHAN FUNGSINYA

TAQNIN: Jurnal Syariah dan Hukum ◽

10.30821/taqnin.v2i02.8460 ◽

2020 ◽

Vol 2 (02) ◽

Author(s):

Helza Nova Lita

Keyword(s):

Legal Protection ◽

Active Role ◽

Legal Research ◽

International Attention ◽

The Status ◽

Hagia Sophia ◽

Direct Duty ◽

The Government ◽

And Function

Various cases of the loss of the status of waqf objects, including the change in their function, are a number of problems that occur in the practice of waqf. For example, in the re-functioning of Hagia Sophia as a mosque which was announced by the Government of Turkey, it became news that attracted international attention, including in Indonesia, where previously the building was used as a meseum. The transition of waqf objects is interesting to study considering that the change in the function of waqf has also occurred in Indonesia. For this reason, this article will discuss how the legal protection of waqf as public good against the transfer of their status and function as waqf. The method used in this article is a legal research method with a normative juridical. Waqf is a public object whose existence and function must be protected so that it is not illegally abused. The importance of protection of waqf in a comprehensive manner includes the registration and publication. Likewise, in terms of the supervision of waqf, either from the state or the government or Nazhir, which has a direct duty to supervise and manage waqf , including the active role of the community.

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