Administrative and Environmental Law Review
Latest Publications


TOTAL DOCUMENTS

12
(FIVE YEARS 12)

H-INDEX

0
(FIVE YEARS 0)

Published By Fiat Justisia

2723-2484

2021 ◽  
Vol 2 (1) ◽  
pp. 1-10
Author(s):  
Fenny Andriani ◽  
Eka Deviani ◽  
Marlia Eka Putri AT

Outstanding Cooperatives are cooperatives that have achievements in obtaining their performance in terms of organizational aspects, management, management aspects, productivity aspects, and benefit and impact aspects of cooperatives that are stipulated by the Decree of the State Minister for Cooperatives and Small and Medium Enterprises. The State Ministry for Cooperatives and Small and Medium Enterprises (Kementerian Koperasi dan Usaha Kecil Menengah) has launched a cooperative achievement assessment program to develop and make existing cooperatives a success. The prediction of cooperative achievements is expected to motivate existing cooperatives to function as economic institutions capable of improving the welfare of members in particular and society in general and building a national economic order that creates a developed, just. A prosperous society based on Pancasila and the 1945 Constitution. Building a national economic order creates a developed, just, and prosperous society based on Pancasila and the 1945 Constitution.


2021 ◽  
Vol 2 (1) ◽  
pp. 53-60
Author(s):  
Zahranissa Putri Faizal

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.


2021 ◽  
Vol 2 (1) ◽  
pp. 11-20
Author(s):  
Leonardo Adiguna

This research uses a normative approach, which is carried out by examining laws and theories. Also, this study uses a case approach, namely the 2017 village fund corruption case in Pekon Sukaratu. The main problem in this res­earch is what is the authority of the prosecutor in conducting investigations into criminal acts of corruption after the passage of Law Number 30 of 2014 concerning Government Administration and whether the investigation carried out by the prosecutor at the Pringsewu District Prosecutor's Office in coordination with the Government Internal Supervisory Apparatus or Aparatur Pengawas Internal Pemerintah (APIP) against the allegations a criminal act of corruption in the management of village funds in 2017 in Pekon Sukaratu whose losses to the state have been returned have met the principle of legal certainty. The research results show that the prosecutor has the authority to carry out the law enforcement process, namely the investigation of suspected corruption crimes as stipulated in Article 30 paragraph (1) letter d of the law on the Prosecutor's Office of the Republic of Indonesia. Based on the results of the research that has been done, it is better if changes in laws and regulations related to the elements of corruption in Law No. 31 of 1999 concerning Eradication of Corruption Crime because there is a product of the Constitutional Court with the decision No. 25/PUU-XIV/2016. Besides, there is a need for socialization for prosecutors regarding their authority in TPK investigations and related to coordination patterns with the authority of APIP in carrying out investigations and calculating state financial losses.


2021 ◽  
Vol 2 (1) ◽  
pp. 43-52
Author(s):  
Mahfud Mahfud

Humans exploiting their natural resources must always be based on an environmental approach. This is reasonable because environmental problems are closely related to population growth, the impact of which is the high demand for natural resources. One of the natural resources most widely used by humans for various purposes is coal. The negative impact of coal mining is to trigger deforestation and exacerbate climate change. This writing uses normative juridical research. The approach used is the statutory approach. Therefore, the management process of exploring and exploiting every mining material, especially coal, requires various AMDAL mechanisms as part of environmentally sound development management. Provisions regarding mineral and coal mining activities oblige mining companies to carry out reclamation and post-mining activities of the mining areas they cultivate. The scope of the implementation of reclamation activities starts from exploration, land clearing, excavation of top and over-borders, coal excavation, land arrangement, revegetation, including nursery preparation, and maintenance and evaluation of activity results. Reclamation is carried out no later than one month after there are no more mining business activities on disturbed land. Reclamation and post-mining activities are one of the obligations of mining business activities.


2021 ◽  
Vol 2 (1) ◽  
pp. 21-30
Author(s):  
Radian Pandhika ◽  
Muhammad Fakih

To provide specialist health care closer and improve quality in health care facilities, especially for remote areas, the central government utilizes information and communication technology through telemedicine services among health care facilities. This matter is regulated in the Ministry of Health Regulation No. 20 Tahun 2019 tentang Penyelenggaraan Telemedicine Antar Fasilitas Pelayanan Kesehatan. This article aims to describe the forms of legal responsibility and professional responsibilities of doctors in telemedicine services among health care facilities. The method used in this study is normative juridical. The study results show that physicians' responsibilities in telemedicine services among health care facilities can be divided into legal responsibilities (which are divided into civil, criminal, and administrative) and professional responsibilities (ethics and discipline). Doctors’ responsibility in telemedicine services among health care facilities is an obligation that doctors must fulfill because obligations are nothing but part of the tasks carried out in a particular work environment.


2021 ◽  
Vol 2 (1) ◽  
pp. 31-42
Author(s):  
Muhamad Syaiful Dahlan

Implications of licensing for the protection of coastal areas in the implementation of business licensing for tourism services in Lampung Province following the Lampung Governor Regulation No. 21/2019 have implications for protecting coastal areas around tourist objects marine tourism permit requirements must include Environmental Documents and Environmental Permits. Also, it includes a technical feasibility research document containing the coordinates of the location of use, plans for marine tourism activities, and a list of the infrastructure used. This research aims to analyze the tourism service business licensing policy in Lampung Province concerning the protection of coastal areas. This research used an empirical juridical approach, and data collection was carried out by literature research and field studies. The data analysis was done qualitatively. The results of this research indicate that the tourism service business licensing policy to the protection of coastal areas in Lampung Province is implemented by the Lampung Province Office of Capital Investment and One Entry Services of Lampung Province based on the Lampung Governor Regulation No. 21/2019 concerning Spatial Utilization of Coastal Areas and Small Islands. Licensing for tourism services business with marine tourism objects includes permits for coastal waters locations and water locations. The validity period of the coastal waters management permit and the permit for the waters' location is two years, and a permit extension can be made no later than three months before the permit's validity period.


2020 ◽  
Vol 1 (2) ◽  
pp. 75
Author(s):  
Febrimayanti Febrimayanti

Companies that want to do business that involve the food sector (restaurants, catering, slaughterhouses and home industry) are required to obtain halal certification permits. In order to determine business lines, whether micro, large, medium, small businesses are based on the initial asset value, this does not include the appraisal value of land and buildings and turnover from the total sales of goods or the number of permanent employees. Based on the results of the research, the requirements for granting halal certificates are KTP (Identity Card) of Business Owners, Business Permits, IUMK (Micro and Small Business Permits), Home Industry Food (P-IRT), and NPWP (Taxpayer Identification Number). Whereas the procedure has an understanding regarding the requirements for halal certification and is willing to take part in the halal assurance system training, implement the Halal Assurance system (SJH), prepare halal certification document files, carry out (upload halal certification data document), monitor pre-inspection and make certification accent payments, carry out inspection, conducts post-inspection monitoring, has Halal Certification. Thus, the requirements and procedures for granting Halal Certification, especially in West Tulang Bawang Regency, can be done easily. It's just that it requires extra power and maximum effort to obtain this. Thus, it is necessary to provide convenience and relief in the cost of making Halal Certificates, especially for the general public, whose majority still lack knowledge of technology.


2020 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Siska Dwi Azizah Warganegara

Every citizen has the right to live in prosperity both physically and mentally, with the fulfillment of physical, spiritual and social needs. To meet these needs the government has made a policy in the form of the Self-Help Housing Stimulant Assistance Program (BSPS), which aims to stimulate low-income communities to build / repair respective homes. The problem in this article is the urgency of housing policy through the BSPS Program in improving the welfare of the community in Tulang Bawang Regency? How is the implementation of housing policy through the BSPS Program in Tulang Bawang Regency? The research used a normative juridical and an empirical approach method. The data are primary and secondary. The result of the research shows that the urgency of housing policy through the BSPS Program is to meet the needs of the community in the form a decent house for habitation which is in line with the state's goals for the welfare of the people. One of them is the fulfillment of a house that is suitable for habitation and health, including building safety, reliability of structural components, improving the quality of non-structural component materials, health of lighting occupants, ventilation and sanitation as well as the minimum adequacy of building area. The BSPS policy in Tulang Bawang Regency is based on the PUPR Ministerial Regulation Number 07 of 2018 concerning BSPS, Perbup Tulang Bawang Number 36 of 2018 concerning Guidelines for Implementing Home Improvement Activities Sourced from the Regional Revenue and Expenditure Budget of Tulang Bawang Regency. The implementation of BSPS until 2019 has only been 7% (800) of 11,473 uninhabitable housing units (RTLH). In its implementation, BSPS has not been able to encourage public awareness of working together in building houses, according to the spirit of giving BSPS and giving BSPS there are still some that have not been on target. Judging from the benefits of the government housing policy, it can continue the policy for all low-income people (MBR), and future implementation can be carried out more selectively and on target.


2020 ◽  
Vol 1 (2) ◽  
pp. 83
Author(s):  
Indah Dwi Qurbani ◽  
Muhammad Rafid Zuhdi

This research is an analysis and evaluation of the Work Creation Omnibus Law. The intended Work Creation Act regulates many sectors, in this study an evaluation and analysis of the omnibus law in the energy and mineral resources sector is carried out as regulated and contained in paragraph five of the Work Creation Act. This has resulted in pros and cons and has become an issue of national law. The omnibus law method is not completely new to Indonesia. The substance of the omnibus law has been used in the legislative process in Indonesia. In terms of the formation Law Number 23 of 2014 concerning Regional Government, it is a form of omnibus law. The type of research in this research is normative legal research, with the nature of prescriptive and applied research with the aim of evaluating and analyzing the energy and mineral resources sector regulations on the formation of the Work Creation Act.


2020 ◽  
Vol 1 (2) ◽  
pp. 65
Author(s):  
Aditya Bardawansyah

The Supreme Audit Agency is the institution that has the authority to calculate and determine state losses, but in its implementation, there are still requests for calculating state financial losses that have not been implemented. This study uses a normative juridical approach. Then it is analyzed qualitatively so that the results are obtained: First, the BPK-RI Representatives of Lampung Province have been given the trust by law enforcement officials to calculate and determine state losses, and the State Financial Loss Calculation Result Report submitted by BPK-RI is used as evidence in court as evidence regarding there is a state loss. Second, the methods used by BPK-RI in calculating state financial losses are by using several methods, namely the apple to apple comparison method, the production cost method, the comparison method between the contract value and the market price, the total loss, and the real cost method. The method used by BPK-RI Representatives of Lampung Province in calculating state losses is by using the simple cost method. This method is used by calculating the difference between the funds spent by the state to obtain goods/services from third parties, compared to the value of real expenditures incurred by the implementing party to provide goods/services to the state according to the agreed 


Sign in / Sign up

Export Citation Format

Share Document