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Journal : Jurnal Dinamika Hukum

POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA Kartono Kartono
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.258

Abstract

Although Indonesia judicial review system is not opens the possibility of regulations review under the act against the constitution, das sollen pracitically these conditions may still occur. From political of law the legal authority of constitutional court should be able to put the interests of citizens rights that are based on the principles of recognition, guarantees, protection and legal certainty of a fair and equal treatment before the law. Given that changes in the constitution can not be done easily, then the judicial review in UUD 1945 should not be formulated too limitedly that restricting the organic law to complete and explore the authority that is adaptable to any concrete problem. Keywords: politics of law, constitutional court, UUD 1945, limitedly.
KENDALA PERLINDUNGAN HUKUM TERHADAP BURUH MIGRAN DI KABUPATEN CILACAP TriLisiani Prihatinah; Noor Asyik; Kartono Kartono
Jurnal Dinamika Hukum Vol 12, No 2 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.2.55

Abstract

In Cilacap, migrant workers are the second largest contributors of foreign exchange after oil and gas sector. It's just the contribution of migrant workers is not consistent with the protection provided by the government, seen by the increasing cases of abuse, sexual violence and trafficking. This research located in Cilacap District using normative-sociological approach to analyze the problems of migrant workers in the normative and empirical levels. The results showed that the normative provisions at the national level have not been able to reach the whole problematics of service and protection of migrant workers in the District. The normative problems include the overlapping of the regulation, duplication of regulation, and provision multiple interpretations that complicate its application. Legislation in general is also not reaching abuses of administration officials. While the results of an empirical study illustrate that the complaints of violence against migrant workers conducted largely by parents and migrant workers are mostly from poor families. Key words: migrant workers, protection, local regulation
PENEGAKAN HUKUM LINGKUNGAN ADMINISTRATIF DALAM UNDANG-UNDANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Kartono Kartono
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.236

Abstract

General population growth has increased with increasing environmental risk and high consumption of chemical-based products. This condition requires the need for environmental laws tougher life than before. Therefore, on 8 September 2009 and then, the House has passed the bill Protection and Management of the Environment into law.  One of the new things in this legislation is the creation of a new type of license, i.e environmental permit. The aim is to strengthen the supervisory authority of the Ministry of Environment protection and environment management. However, the law does not regulate the supervision institutions, so that the authority is structurally integrated into the existing institutions. With such authority, the government should reform the laws and regulations which can substantially support the performance monitoring, both regarding the amount of oversight, supervision and frequency standards of supervision. But on the other aspects of supervision as a form of preventive law enforcement is also facing challenges related inconsitency legal terminology in its formulation. It is necessary for creativity in its application of law enforcement so that law enforcement process does not face constraints in the implementation means. Kata Kunci : pengawasan, izin lingkungan, penegakan hukum