Sustainable Development Prinsiples: Legal Aspect Disaster Management Policies

The earthquake, tsunami and liquefaction disaster resulted in casualties, environmental damage, property losses and psychological impacts. According to satellite image data obtained from the International Disaster Charter, the structural damage in Palu City due to the earthquake and tsunami reached 2,403 buildings. This caused the paralysis of Palu City from various aspects with a record of around 70,000 people were displaced. Palu city is one of the Central Sulawesi cities with a very high earthquake potential. Sustainable development is one of the most fundamental principles of international law relating to environmental preservation and development. The concept of sustainable development policy was first introduced in 1987 by the World Commission on Environment and Development (WCED) through its report entitled Our Common Future. In Our Common Future, sustainable development is emphasized as a development which can meet the needs of the present without compromising the ability of future generations to meet their needs. Thus, the concept of sustainable development is essentially fair in utilizing natural resources while still paying attention to the resource needs of future generations. After the disaster in Palu City, the Regional Government attempted to make policies to immediately restore the situation, both physical development in the form of facilities and infrastructure as well as non-physical or social restoration. For this reason, this study aims to determine whether government policies after the earthquake, tsunami and liquefaction are following the principles of Sustainable Development. This research is descriptive-analytical, meaning that this research is not only limited to an activity to collect and compile or explain primary, secondary and tertiary legal materials, but also to analyze them concerning legal theories and the practice of implementing positive law which concerns the problem (research object). The approach used in this legal research is an approach to various international legal instruments related to the object of research as well as to take a historical approach to these international legal instruments, to understand changes and developments in the philosophy that underlies the rule of law to facilitate the analysis of the object of research and the case approach, related to legal issues that will be examined in this study

PERLINDUNGAN HAK MASYARAKAT ADAT TERHADAP PEMANFAATAN HUTAN DAN IMPLIKASI HUKUMNYA

International law insists that the sovereignty of indigenous peoples innatural resources management is a right that must be protected where thestate or the government is obliged to make it happen. The consideration oflaw and philosophy in giving the indigenous peoplesprotection in exploiting the natural resources because the indigenouspeoples have cultural values and local wisdom based on SustainableDevelopment Principle. It means that the establihment of a certain forestas a conservation area like the Lore Lindu National Park should not becontrary and detrimental to the welfare of the people around that area asthe indigenous peoples were still exist from generation to generation andhave a close relationship in emotion with the forest.Keywords: Sustainable Development Principle, Indigenous Peoples,international environment law

The Implementation of Supply Chain Management Over Foreign Workers in Central Sulawesi, Indonesia

Abstract- Global supply chains have become a common way of organizing investment, production and trade in the global economy. In many countries, particularly developing countries, they have created employment and opportunities for economic and social development. During the employment relationship, both the employers and the foreign workers must comply with the norms of employment while the local governments must cooperate with the Immigration Offices to supervise the employment of foreign workers. The purpose of this research was to find out about the implementation of supply chain management over foreign workers. The data was collected through observation, interviews, and literature review. The study was conducted in Palu City, Morowali Regency, and North Morowali Regency. The results showed that the supply chain management of foreign workers in Central Sulawesi Province had not been conducted optimally due to the lack of supervisors. On the other hand, the revocation of supply chain management by the regional government increasingly leads to the implementation of ineffective and inefficient control

Redesigning: Handling Of Indonesian Election Violations Abroad To Realizing Quality 2024 Elections

Handling election violations abroad is one of the determinants of the quality of elections in Indonesia. With the rise of cases that occurred abroad during the 2019 general election, it is hoped that this will be a lesson to make an ideal design for handling election violations abroad in 2024. This research is executed differently from existing or previous research, for Example “The novelty of this research will make a significant contribution to determining the means, size, and function of the parliamentary threshold in the legislative election.” The conclusions of the research show that first, the urgency of handling election violations abroad to create order and peace, protect constitutional rights and uphold justice. Second, to realize the ideal design for handling election violations abroad in 2024, it is carried out increasing the number of members of the Overseas General Elections Supervisory committee from 3 to 5 people, making changes to Article 112 letter c, Article 507 of the Election Law, Article 13 paragraph (4) of the Regulation of General Elections Supervisory Agency Number 7 of 2018 and Article 60 paragraph (1) of the Regulation of General Elections Supervisory Agency Number 8 of 2018, and changing the paradigm of law enforcement from compliance level to internalization of legal Compliance in the 2024 elections

The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region

The research aims to know and comprehend the customary law principles as a rule in the exploration of natural resources, to know communities behavior on customary law in exploring the natural resources, and to explain the customary law as a beneficial rule to conserve the natural resources in lore lindu region. It will be conducted through the research method of socio-legal by data collecting will be done by direct observation of the research object as well as interview and participatory appraisal. Secondary data such as documented policy, law and regulations, political agreements, village demographic data, and other supporting data will be collected from various sources of concerns. The result of the research could be revealed as that the customary law principles as a rule in the explorations of natural resources still influence their rule in using its of course lead by head of tribe (totua Ngata) for a long time ago. As well as the communities behavior on customary law in using the natural resources in general. Then the customary law as a beneficial rule to conserve the natural resources in lore lindu region in particular can be assumed, but the intervention of state law or policy made it diminish gradually. Customary law related to forest conservation as a part of their values such as ombo (forbidden) cutting or bring tree or fish in a certain time. Keyword: Formation; Customary Law; Natural Resources; National Par

Does International Law Acknowledge Restorative Justice?

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity

A Study of Pluralism in Developing Legal Anthropology Study

A study of legal anthropology are constantly changing which implies the existence of a paradigmatic change from positivism paradigm to constructivism paradigm. These changes occur because of constructivism approach or interpretation/hermeneutics, in anthropology, law is judged that have ability to express the reality, in legal pluralism and philosophical implications that arised. Pluralism is synonymous with life, even to  understand the reality this world,  recognition of plurality is the first step that needs to be built at first. Implications in a study of legal pluralism as the attention, can describe a form of research that put more emphasis on finding and extracting meaning given by the subjects of the existence of laws that regulate themselves in the plural, means that there is an interaction between a researcher associated with the study subjects. On this side, the interaction between researcher and research subjects used more transactional, where the subject of research by the researchers themselves linked interactively, the findings are the result of creation or construction joint between the researcher and the research subject itself. Keywords: Pluralism, legal anthropology, the paradigm, constructivism

ANALISIS PERUBAHAN PENGGUNAAN LAHAN TERHADAP KEBERLANGSUNGAN FUNGSI KAWASAN HUTAN SUAKA MARGASATWA BAKIRIANG

Suaka Margasatwa Bakiriang (SM Bakiriang) merupakan salah satu kawasan hutan lindung yang memiliki keanekaragaman hayati di Provinsi Sulawesi Tengah.Berbagai aktivitas pemanfaatan lahan di dalam kawasan menyebabkan tidak berfungsinya kawasan sesuai arah peruntukannya. Penelitian ini bertujuan untuk menganalisis perubahan penggunaan lahan periode 1997-2012 dan faktor-faktor yang mempengaruhinya. Penelitian dilaksanakan dengan mengunakan metode ALUCT (Analysis of Land-Use and Land-Cover Changes and Trajectories)untuk memahami dinamika penggunaan lahan pada suatu bentang lahan dalam periode waktu tertentu melalui interpretasi data penginderaan jauh. Hasil penelitian menunjukan bahwa selama periode 1997-2012 luas penggunaan lahan pada kawasan SM Bakiriang mengalami perubahan yang cukup signifikan yakni 20,52% untuk kategori Kelompok Non-Suaka dan 79,48% yang masih dapat dikategorikan sebagai Kelompok Suaka. Faktor-faktor yang mempengaruhi perubahan penggunaan lahan antara lain minimnya informasi tentang kawasan, ketidakjelasan batas deliniasi, lemahnya monitoring dan evaluasi serta pertumbuhan penduduk yang relatif cepat

Legal Actions of Terrorism Case in Central Sulawesi

This study focused on the legal action of terrorism cases in Poso, Central Sulawesi. The focus of the analysis is to accentuate the contents of the legislation related to the legal handling of terrorism cases in Central Sulawesi. Thus, the study was carried out through statute, comparative law and conceptual approach, as well as using qualitative data analysis method. Data were processed by first describing all the legal materials that had been collected through inventory, identification, classification and systematization according to the problems in this study. Material reconstruction was next, including rearranging legal materials sequentially and logically. The last step was analyzing legal materials systematically based on the sequence of problems. National and global scale terrorism groups have well understood the consequences and legal actions of terror acts. The maximum, multiple layers of punishment have been stated in Law No. 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism as an effort by the Indonesian government to suppress the movement of terrorism groups. The legal action process, especially in the Santoso’ Group, is based on Law no. 15 of 2003 with a sentence of 6 to 15 years in prison and a 6 (six) months subsidiary confinement with reference to the Theory of Retribution and Prevention