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All Journal Academia Open Indonesian Journal of Law and Economics Review Procedia of Social Sciences and Humanities
Abdul Fatah
Universitas Muhammadiyah Sidoarjo
Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Social Sciences Other

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Non-compliance with the Constitutional Court's Decision from the Perspective of Constitutional Law Narwoko; Rifqi Ridlo Phahlevy; Abdul Fatah
Academia Open Vol 6 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (47.483 KB) | DOI: 10.21070/acopen.6.2022.677

Abstract

This study aims to determine the forms of non-compliance with the Constitutional Court Decision regarding Manpower and to find a constitutional solution to the problem of non-compliance with the Constitutional Court Decision regarding Manpower.This research is a juridicial normative study using a statutory, case, and conseptual approach.Using legal materials in the form of a Constitutional Court Decision related to Manpower.From the research results, it can be concluded that the Constitutional Court Decision regarding Manpower are not obeyed by the adressats. Various forms of non-compliance with the Constitutional Court Decision regarding Manpower-related Laws were not followed up and partially fulfilled in the form of government policies such as the Regulation of Minister of Manpower, Circular of the Minister of Manpower. Some laws are in the legislative process. The constitutional solution that has the potential to realized for non-compliance with the Constitutional Court Decision is the implementation of the concept of judicial order, judicial defferal, and imposition of sanctions.
Normative Study on Environmental Impact and Hazardous Waste Management in Mojokerto Region Wahyu Jeffry Purwanto; Abdul Fatah
Indonesian Journal of Law and Economics Review Vol 10 (2021): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (22.549 KB) | DOI: 10.21070/ijler.2021.V10.696

Abstract

This study aims to describe the impact of environmental pollution, the causes of rejection from the Medali village community, and to evaluate the pollution violations in terms of environmental law. Furthermore, an analysis of the handling of pollution, the impact on the environment, an assessment of the location of the factory was conducted to criticize the existence of a rubber factory. This thesis research uses Law Number 32 Year 2009 concerning Environmental Protection and Management including handling and overcoming the risk of environmental pollution. This study uses the socio-legal method, using primary data and secondary data which are then analyzed using the juridical-empirical writing type specification, field observation data collection, interviews, and literature study. The results show, in the implementation of waste management by PT Bumi Nusa Makmur there is a mismatch with the proper standard of waste disposal, a violation of the establishment and expansion of company land, as well as environmental impacts in the form of environmental pollution related to air and liquid waste which affects the environment and communities around Medali village
Criminal Liability for B3 Waste Dumping Companies in East Jawa from The Perspective of Ecological Justice: Pertanggungjawaban Pidana Perusahaan Pembuangan Limbah B3 di Jawa Timur dari Perspektif Keadilan Ekologis Emy Rosnawati; Abdul Fatah; Mochammad Tanzil Multazam
Procedia of Social Sciences and Humanities Vol. 3 (2022): Proceedings of the 1st SENARA 2022
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/pssh.v3i.296

Abstract

A good and healthy living environment is a constitutional right of every citizen. Guarantee and protection of the good and healthy living environment are stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of The 1945 Constitution of the Republic of Indonesia (UUD 1945). Apart from being regulated in the state constitution (UUD 1945), the protection and management of a good and healthy living environment in Indonesia are also technically regulated in other constitution, namely Law No. 32/2009 on Environmental Protection and Management. The purpose of this research is to examine if the criminal liability of B3 waste dumping companies in East Java is already in accordance with the concept of ecological justice. This research uses the method of sociological juridical. By not stopping the company's activities to store B3 waste with open dumping, the environment is constantly damaged, and it causes the quality of the environment to decline, so that the criminal liability cannot guarantee sustainable development as is the concept of environmental justice. The conclusion of this research is that criminal liability for B3 waste dumping companies in East Java is not yet in accordance with the concept of ecological justice.
Co-Authors Emy Rosnawati Moch Tanzil Multazam Narwoko Rifqi Ridlo Phahlevy, Rifqi Ridlo Wahyu Jeffry Purwanto