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Journal : JHCLS

The Crime Of Damage After the Constitutional Court's Decision Number 76/PUU-XV/2017 Abdul Kadir Jaelani; Resti Dian Luthviati
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.816 KB) | DOI: 10.53955/jhcls.v1i1.5

Abstract

From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. These various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUU-XV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 (two) provisions. Keywords: Reputation Offenses; Legal Certainty; Constitutional Court.
The Changing of Environmental Approval Administrative Law Perspective Fitri Nur Aini Prasetyo; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (591.891 KB) | DOI: 10.53955/jhcls.v2i3.55

Abstract

The renaming of environmental permits to environmental agreements is one of the issues highlighted by the Job Creation Law. Environmental approvals were deemed to not meet the licensing requirements of the State Administrative Law, so they could potentially not be challenged in court like environmental permits. This change prompted opposition from various groups. The purpose of this study is to identify the characteristics of environmental approval from the standpoint of State Administrative Law. This is normative law (doctrinal) research with a statutory and a conceptual approach (conceptual approach). Environmental approvals in the Job Creation Law can be classified as permits under State Administrative Law, and environmental approvals are granted to business actors, according to the findings of this study.
The Proliferation of Regional Regulation Cancellation in Indonesia Abdul Kadir Jaelani; Muhammad Jihadul Hayat
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (575.547 KB) | DOI: 10.53955/jhcls.v2i2.38

Abstract

The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.
The Policy of Sustainable Waste Management Towards Sustainable Development Goals Budiman Budiman; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i1.73

Abstract

The research is focused on the sustainable waste management, with the specific concern on the use of waste management platform called waste bank being driven by local organizations in Lombok, Indonesia. The study aims to investigate the factors that attract the participation of local communities in using the platform for waste management and further to explore the lessons and good practices of waste banks driven by local community-driven organizations in Lombok, Indonesia. The method used for this research was qualitative with the analytic-descriptive approach. Data collection was through literature study and survey questionnaire. Based on the findings of the research, several factors including socio-economic characteristic and the lack of waste facilities and services influence the participation of local communities in sustainable waste management in Lombok. Those factors are critically shown based on its significance in influencing the involvement of local communities in implementing sustainable waste management. Thus, one of alternatives to use the waste bank initiated by local community-driven organizations may help in some ways such as improved participation of local communities in sustainable waste management. Furthermore, the lessons and good practices of waste banks driven by the selected two organizations in Lombok are highlighted.