THE SUPERVISORY PERFORMANCE OF BAWASLU HULU SUNGAI UTARA IN THE 2019 ELECTION

The Hulu Sungai Utara Regency Election Supervisory Body is an Election organizing body tasked with overseeing the implementation of Elections, the problem is the improper installation and / or distribution of Campaign Props (Campaign), Campaign Materials (BK), Unclear division of labor. The purpose of this study was to determine the Performance of the Election Oversight Body in the Supervision of Election of the House of Representatives, Members of the Regional Representative Council, President and Vice President in 2019 at the Election Supervisory Body (Bawaslu) of North Hulu Sungai Regency and the factors that influence it. This research uses a qualitative approach with descriptive-qualitative type. Data collection techniques used were interviews, observation and documentation. Source of data taken through a purposive withdrawal of 15 people. After the data is collected, it is then analyzed using techniques including data reduction, data presentation, and data verification or drawing conclusions. Test the credibility of the data in this study is the extension of observation, increase perseverance, triangulation, negative case analysis, and hold a member check. The results of the research on the performance of the Election Oversight Body in the Supervision of the Election of the House of Representatives, Members of the Regional Representative Council, the President and Vice President in 2019 on the Election Supervisory Body (Bawaslu) of North Hulu Sungai Regency have not been good this can be seen from several indicators.

THE LEGAL POSITION OF CANING PUNISHMENT IN ACEH

Amongst the punishments that have been implemented in the Islamic criminal law is caning punishment. The caning punishment in Aceh is carried out directly and opens to the public. However, some Islamic countries carry out caning in private such as in prisons. In Aceh, the implementation of caning that has been carried out openly is based on Aceh Qanun Number 6 of 2014 concerning Jinayat Law and Qanun No. 7 of 2013 concerning Jinayat Procedural Law. However, in 2015, the implementation of the caning was carried out behind closed doors like in prisons. This is in accordance with the Governor Regulation Number 5 of 2018 about the Implementation of 'Uqubat Whip’ in the Correctional Institutions. Changes in the implementation of the caning punishment led to the pros and cons among the society. Many believe that the implementation of caning in a closed manner will affect the effectiveness of the punishment in reducing the number of shari'ah violations. Although there are many factors that influence the number of crime in society, the punishment and the implementation of the punishment itself are considered as the most important factors

THE BENEFITS OF COMMUNICATION IN HEALTH SERVICES IN INDONESIA: A LEGAL STUDY

In the principle of informed consent, doctors were obliged to establish communication with patients before carrying out medical treatments. Information from the doctor became a guideline or consideration for patients in making a choice (freedom to choose) and gave approval to the doctor to carry out medical action to them. The obligation of doctors to effectively communicate has been regulated in Article 35 and Article 45 of Law No. 29 of 2004 concerning Medical Practice and further strengthened by Regulation of the Minister of Health of the Republic of Indonesia No. 290/ Menkes/ Per/ III/ 2008 concerning Approval of Medical Measures. The effectiveness of communication in health services was an act of caution in medical treatments. Before the medical treatment was carried out, the patient should already knew about the disease, the chances of healing, the risk of medical treatment and the patients were also given alternative methods of other treatments so that the patients has information about the illness and therapy that doctors would do. If communication between patients and doctors is effective, it could prevent medical malpractice.

RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

The study of the constitution could not be covered by the scope of one state only, but also compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

THE IMPACT OF JOB CREATION ACT AGAINST THE PARTICIPATORY PRINCIPLE IN ENVIRONMENTAL LAW

The enactment of Act 11/2020 on Job Creation in October 2020, resulted in several changes in laws and regulations. One of the crucial articles that were abolished by the Job Creation Act was Article 93 of the Environmental Act (UUPPLH) which regulates rights to file a lawsuit at the Administrative Court, this is contrary to the private law. Also based on Article 2 of the Environmental Act states that environmental protection and management is carried out based on the principle of Participation. This research focuses on the impacts of eliminating Article 93 of the Environmental Act by the Job Creation Act specifically on the principle of Participation. The method used in this research is normative legal research conducted with qualitative analysis. The result is that the elimination of Article 93 of the Environmental Act by Article 21 and Article 22 of the Job Creation Act is contrary to the Participatory Principle contained in Article 2 letter k and Article 70 of the UUPPLH. The abolition of Article 93 of the UUPPLH also causes the judicial power to be unable to exercise the principle of checks and balances.

A REVIEW ON RAWLS THEORY OF JUSTICE

Justice is an abstract idea and understanding the core concept of various types of justice will help scholars, lawyers and law enforcement to develop and use the theory for legislative drafting, judicial review, case review, in court defense, and legal research and writing. In this paper we discussed the essence of Rawls Justice, the implication and compared it to other theories of justice. Therefore this paper will focused on examining and reviewing John Rawls idea of Justice and how to implement it in society. The method used in this study is doctrinal legal research. The result of this study while we discussed that the three Rawls principles cannot be realized together because one principle collides with another. Rawls prioritizes that the principle of the equal liberty which is lexically maximized precedes the second and third principles. However we believe Justice as Fairness in action should not mean that there is equality but rather emphasizes the concept of balance for the law in providing justice.

REGIONAL POLICY IN MANAGING OIL PALM WASTE AS RENEWABLE ENERGY IN SOUTH KALIMANTAN PROVINCE

Besides producing CPO and KPO, oil palm also produces a lot of waste. Oil palm waste can be managed and utilized. This study aims to determine how oil palm waste is managed, the authority of local governments to regulate oil palm waste management in South Kalimantan Province. Third, what is the concept of future local government policies in utilizing oil palm waste as a new and renewable energy development in South Kalimantan? The research method used is normative juridical research, the research that is focused on examining the application of the rules or norms in positive law, analyzing in-depth and holistically, from all aspects comprehensively, sourced from library research using legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials, to answer regulatory issues in the legislation regarding the Policy on the Use of Oil palm Waste as New and Renewable Energy in South Kalimantan Province. The result shows that Indonesia has been able to create renewable energy from the oil palm industry. However, the government needs to regulate the use of oil palm shell waste through local regulations and policies. With the participation of policymakers, and focus for development. It can creates jobs, increase and develop disadvantaged areas and in the end will reduce the level of poverty.

FREE, PRIOR AND INFORMED CONSENT IN FULFILLING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN THE MINING SECTOR

Based on data from the Directorate General of Mineral and Coal, Ministry of Energy and Mineral Resources, in 2017, there are 9,353 Mining Business Licenses (MBL) with 9,074 MBLs entered in the DG of Mineral and Coal database. Of these, 6,565 MBLs passed the CnC requirements, while the remaining 2,509 MBLs were categorized as non-CnC. The focus of the problems studied are: (1) What is the Direction of Changes in Government Policy in the Mining Sector? (2) What is the relationship between Free, Prior and Informed Consent with the fulfillment of the constitutional rights of citizens in the mining sector? The method used in this study is doctrinal legal research focusing on sources of law. The result shows that (1) There are changes in government policy in the mining sector, which was only constrained in its implementation, but has now become more problematic because of the removal of the article on the imperative community participation; (2) In every policy setting, FPIC must be implemented and must be given to the community, especially those who are directly affected. Thus, FPIC can be said to be a form of community rights that must be fulfilled by the government as the licensor legally to fulfill the constitutional rights of its citizens.