8 research outputs found

    IUS Constituendum of Suistainable Agricultural Policy: The Aftermath of Job Creation Act

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    Agriculture is an important aspect of the life of the Indonesian people. Apart from being a commodity, agriculture is also a part of Indonesian people’s lives. In this case, the state needs to enact legal policies related to sustainable agriculture. This study seeks to discuss legal issues in the form of legal disharmony related to sustainable agricultural legal policies. This research is normative legal research. The study results confirm that the disharmony of legal policies related to Sustainable Agriculture has only become a “paper tiger,†which means that the rules exist but cannot be implemented because they do not have to implement regulations, so they are difficult to implement. That happens because the respective laws, particularly those related to sustainable agricultural cultivation systems and job creation, which substantially regulate sustainable agriculture, do not refer to each other. That impacts the lack of coordination and horizontal harmonization between fellow laws that substantially regulate sustainable agriculture. Harmonization is also not carried out vertically between Laws and Government Regulations. That occurs when Government Regulations relating to the administration of the agricultural sector do not refer to and harmonize vertically with the Law relating to sustainable agricultural cultivation systems. The results of this study also suggest that in the future, the government, in this case, needs to revise the Government Regulations relating to the implementation of the agricultural sector by incorporating the substance of the Sustainable Agriculture policy as well as being more thorough in harmonizing both vertically and horizontally in drafting legislation

    The Legal Politics Harmonization of Sustainable Agricultural Policy

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    Sustainable agriculture is one of the future-oriented legal policies. In this case, agriculture is oriented to be preserved, especially for future generations. Problems occur when various laws and regulations governing sustainable agricultural law policies are disharmonies even though they are substantially interrelated. This study aims to initiate legal politics of harmonization of sustainable agricultural policies. This research is normative legal research that focuses on analyzing legal issues. Analysis of legal issues is essential in legal research oriented to prescriptions or legal solutions to the problems being discussed. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the implications of disharmony of sustainable agricultural law policies in various laws and regulations in Indonesia need to make legal harmonization in planning, formulating, and evaluating legislation. Future improvements to the legal politics of sustainable agriculture in Indonesia can be carried out by harmonization of legal policies related to sustainable agriculture by revising the PP PBP to include sustainable agriculture as one of its regulatory substances

    Pancasila's Economic Existence in Business Development: The Efforts to Realize Justice in Business Law

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    The Pancasila economy as a characteristic of Indonesia's unique economy encounters problems when faced with increasingly massive business developments. Business law has a role so that the existence of the Pancasila economy is maintained in the era of business development. This study aims to analyze the existence of Pancasila during business development to realize justice in the realm of business law. This is because the Pancasila economy seeks to apply the economic values of Pancasila in accordance with the interpretation of the constitution. This research is normative legal research with conceptual, statutory, and philosophical approaches. The results of the study confirm that the existence of the Pancasila economy is urgent to be maintained through various legal policies so that business development does not perpetuate capitalism which can create injustice in business competition. Business law in its development needs to refer to and pay special attention to the Pancasila economy so that existing business practices in Indonesia are in line with Pancasila values

    Corrective Justice For Medical Personnel Who Violate The Law: Where Is The Professional Organizations Involvement?

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    The provision of criminal sanctions for medical personnel who violate the law in the form of gross negligence creates legal uncertainty apart from the unclear definition of serious negligence and does not involve the role of professional medical professional organizations in determining criminal witnesses for medical personnel. This study aims to formulate aspects of corrective justice for medical personnel who violate the law, especially in the realm of criminal law. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the criminal responsibility of medical personnel requires the role of the professional organization of the medical personnel concerned. This is because the assessment of the professional organization of medical personnel is important as a form of guaranteeing justice and legal certainty for medical personnel. Corrective justice-based medical personnel accountability orientation can actually be carried out by involving the roles and recommendations of medical professional organizations. In addition, health law reform is also needed by formulating criminal sanctions for medical personnel based on ultimum remidium, namely utilizing non-prison criminal sanctions in order to achieve justice for medical personne

    The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective

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    Administrative efforts as part of the state administrative and legal process must be taken as an initial means before the settlement is carried out in court. In this case, administrative efforts are efforts to optimize non-litigation dispute resolution steps. This study attempts to present a prescription for administrative efforts associated with the idea of an integralistic state. This research is legal research. This study uses primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 30 of 2014 on Government Administration, and Supreme Court Regulation No. 6 of 2018. Secondary legal materials include books, articles, and other scientific works, especially those related to the idea of an integralist state initiated by Supomo. Non-legal materials include legal dictionaries. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the mandatory administrative effort in the Law No. 30 of 2014 on Government Administration is a progressive step because it emphasizes the values of the civilized nation, which focuses more on non-litigation dispute resolution. In addition, the reconstruction of the practice of administrative efforts needs to be carried out by socializing and providing an understanding of the importance of administrative efforts as well as the need for technical guidelines for the implementation of administrative efforts in each institution as well as increase the capacity of institutional leaders

    The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official

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    This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P
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