Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art4
Rahadian Diffaul Barraq Suwartono
The authority to carry out foreign relations lies on the Central Government. However, the Regional Government can also establish relations with other regions abroad. This paper reviews the boundaries between regional and central authorities when conducting foreign relations within the conceptual framework of the regional autonomy in Indonesia. This paper attempts to answer two problems formulation, namely: first, what are the limits of regional authority to conduct foreign relations? Second, is the form of foreign relations carried out by the regions recognized internationally? By using statutory and conceptual approaches, this paper presents a normative research using the perspective of constitutional law and international law. Based on the research and discussion, the following conclusions are drawn: first, regional authority in conducting foreign relations is formulated as part of the implementation of concurrent government affairs by the regions, the implementation of which is based on the limits of authority, namely: general limits and minimum limits. Second, according to international law, foreign relations actions by the regions are considered valid, with references to customary international law, agreements that have been made, and the state responsibility for foreign relations particularly on actions conducted by the regional bodies.
{"title":"Mencermati Kewenangan Daerah untuk Melakukan Hubungan Luar Negeri: Batasan Kewenangan dan Keabsahannya","authors":"Rahadian Diffaul Barraq Suwartono","doi":"10.20885/iustum.vol30.iss2.art4","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art4","url":null,"abstract":"The authority to carry out foreign relations lies on the Central Government. However, the Regional Government can also establish relations with other regions abroad. This paper reviews the boundaries between regional and central authorities when conducting foreign relations within the conceptual framework of the regional autonomy in Indonesia. This paper attempts to answer two problems formulation, namely: first, what are the limits of regional authority to conduct foreign relations? Second, is the form of foreign relations carried out by the regions recognized internationally? By using statutory and conceptual approaches, this paper presents a normative research using the perspective of constitutional law and international law. Based on the research and discussion, the following conclusions are drawn: first, regional authority in conducting foreign relations is formulated as part of the implementation of concurrent government affairs by the regions, the implementation of which is based on the limits of authority, namely: general limits and minimum limits. Second, according to international law, foreign relations actions by the regions are considered valid, with references to customary international law, agreements that have been made, and the state responsibility for foreign relations particularly on actions conducted by the regional bodies.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125209000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art3
S. Syafriadi
This study analyzes the Second Amendment to the Law on the Establishment of Legislation (UU P3) which accommodates the omnibus law method. The omnibus law method was previously unknown to the civil law legal system adopted in Indonesia, therefore when this method was implemented in the Job Creation Law (UU Ciptaker), it invited pros and cons in the society, even differences of opinion among legal experts. The Second Amendment to the UU P3 introduces a new method in forming laws and regulations as it legalizes the omnibus law method in the Indonesian legal system. This paper is the result of doctrinal research that relies on secondary data. This research concludes that: first, the omnibus law method which was initially alien to the system for forming statutory regulations, now through the Second Amendment to the UU P3, it has become one of the known methods in forming statutory regulations and in this context, becoming the legal basis which must be guided by the revision of the UU Ciptaker as mandated by the Constitutional Court decision Number 91/PUU-XIX/2021 as well; Second, the omnibus law method which was accommodated in the Second Amendment to the UU P3 became the juridical basis for improving the UU Ciptaker, both amendments in the formal and material aspects, and UU P3 being the standard in the formation of laws and regulations in Indonesia.
{"title":"Undang-Undang Cipta Kerja Pasca Revisi Kedua Undang-Undang Nomor 12 Tahun 2011","authors":"S. Syafriadi","doi":"10.20885/iustum.vol30.iss2.art3","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art3","url":null,"abstract":"This study analyzes the Second Amendment to the Law on the Establishment of Legislation (UU P3) which accommodates the omnibus law method. The omnibus law method was previously unknown to the civil law legal system adopted in Indonesia, therefore when this method was implemented in the Job Creation Law (UU Ciptaker), it invited pros and cons in the society, even differences of opinion among legal experts. The Second Amendment to the UU P3 introduces a new method in forming laws and regulations as it legalizes the omnibus law method in the Indonesian legal system. This paper is the result of doctrinal research that relies on secondary data. This research concludes that: first, the omnibus law method which was initially alien to the system for forming statutory regulations, now through the Second Amendment to the UU P3, it has become one of the known methods in forming statutory regulations and in this context, becoming the legal basis which must be guided by the revision of the UU Ciptaker as mandated by the Constitutional Court decision Number 91/PUU-XIX/2021 as well; Second, the omnibus law method which was accommodated in the Second Amendment to the UU P3 became the juridical basis for improving the UU Ciptaker, both amendments in the formal and material aspects, and UU P3 being the standard in the formation of laws and regulations in Indonesia.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117097206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art7
Yana Suryana, Yulia Kurniaty, Aroma Elmina Martha
This study discusses the threat of working children's right to education. The aim of this research is to identify the regulation of working children in Indonesian laws and regulations and to find an ideal model of protecting the right to education for working children. The method used is normative legal research. Researchers conducted a study of legislation to see the synchronization between legislation. Human rights theory and statutory theory are used as analytical tools to examine research results. The results of this study conclude that first, the government has protected children's rights as stipulated in several laws and regulations. There are clear provisions regarding the rights of working children. Second, the right ideal model to protect the educational rights of working children is to use a circle of protection. The circle of protection is a circle of protection for working children so that their right to education is fulfilled. In the circle of protection there are parties that protect working children, namely the government, parents, employers, and the community.
{"title":"A Model for Protecting the Right to Education for Child Labour","authors":"Yana Suryana, Yulia Kurniaty, Aroma Elmina Martha","doi":"10.20885/iustum.vol30.iss2.art7","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art7","url":null,"abstract":"This study discusses the threat of working children's right to education. The aim of this research is to identify the regulation of working children in Indonesian laws and regulations and to find an ideal model of protecting the right to education for working children. The method used is normative legal research. Researchers conducted a study of legislation to see the synchronization between legislation. Human rights theory and statutory theory are used as analytical tools to examine research results. The results of this study conclude that first, the government has protected children's rights as stipulated in several laws and regulations. There are clear provisions regarding the rights of working children. Second, the right ideal model to protect the educational rights of working children is to use a circle of protection. The circle of protection is a circle of protection for working children so that their right to education is fulfilled. In the circle of protection there are parties that protect working children, namely the government, parents, employers, and the community.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128326161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art2
Melisa Ayu Azhara, Siti Ruhama Mardhatillah
The Job Creation Law (which has been revoked by Government Regulation in lieu of Law (Perpu) Number 2 of 2022) is a government effort to overcome overlapping regulations to increase investment. This research raises two problem formulations: First, how does the Job Creation Law/Perpu regulate the principle of public participation, particularly in the preparation of the Environmental Impact Assessment (EIA/AMDAL) documents. Second, how does the Job Creation Law/Perpu regulate the role of environmental organizations and what is the urgency of the role of environmental organizations in preparing the AMDAL? This is a normative legal research using literature study methods, qualitative descriptive data analysis methods, as well as conceptual and statutory approaches. The results of the study concluded that, Article 26, Article 39 paragraph (1) and paragraph (2), as well as Article 63 paragraph (1) in the Job Creation Law/Perpu reduce aspects of public participation which had previously been regulated quite well in Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH). The urgency of the role of environmental organizations in preparing the AMDAL is to provide advice and input for the implementation of environmental protection in business activities.
{"title":"Partisipasi Publik dalam Penyusunan Dokumen Analisis Dampak Lingkungan Pasca Berlakunya Undang-Undang/Perppu Cipta Kerja","authors":"Melisa Ayu Azhara, Siti Ruhama Mardhatillah","doi":"10.20885/iustum.vol30.iss2.art2","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art2","url":null,"abstract":"The Job Creation Law (which has been revoked by Government Regulation in lieu of Law (Perpu) Number 2 of 2022) is a government effort to overcome overlapping regulations to increase investment. This research raises two problem formulations: First, how does the Job Creation Law/Perpu regulate the principle of public participation, particularly in the preparation of the Environmental Impact Assessment (EIA/AMDAL) documents. Second, how does the Job Creation Law/Perpu regulate the role of environmental organizations and what is the urgency of the role of environmental organizations in preparing the AMDAL? This is a normative legal research using literature study methods, qualitative descriptive data analysis methods, as well as conceptual and statutory approaches. The results of the study concluded that, Article 26, Article 39 paragraph (1) and paragraph (2), as well as Article 63 paragraph (1) in the Job Creation Law/Perpu reduce aspects of public participation which had previously been regulated quite well in Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH). The urgency of the role of environmental organizations in preparing the AMDAL is to provide advice and input for the implementation of environmental protection in business activities.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123751781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art5
Nur Gemilang Mahardhika
Deep under the waters, HMS Challenger discovered the polymetallic nodules during its scientific expeditions in the Kara Sea part of the Arctic Ocean in 1868. Whilst in the vastness of the skies above, the Clementine and Lunar Prospector indicated the existence of water ice at the lunar poles during the period of 1994 to 1999. In 2003, the SMART-1 lunar orbiter of the European Space Agency discovered the key chemical elements of the Moon. Going even further back, in 1988, NASA published a work on Helium-3 blown away by the solar wind onto the Moon, and the possibilities of harvesting it as an alternative energy source for the continuation and advancement of human race. The deep seabed and the outer space, along with their resources, are both internationally governed under the same underlying principle: the Common Heritage of Humankind. Yet, while the former has begun to take shape, the latter still has very little progress. Various factors ranging from laws to politics to economics and undeniably the advances in science and technology have hindered the development of the principle of Common Heritage of Humankind in the outer space regime. Hence, this paper is to argue on how best to reform the principle, and consequently, determining which of its elements that might be spared in order for it to eventually work in balancing the contrasting interests from diverse stake-holders: the developed and the developing countries; the sovereign and the corporations – with their respective weapons of laws or of technology.
{"title":"Space War and the Regressive Development of the Principle of Common Heritage of Humankind: Legal vs. Technological Weapons","authors":"Nur Gemilang Mahardhika","doi":"10.20885/iustum.vol30.iss2.art5","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art5","url":null,"abstract":"Deep under the waters, HMS Challenger discovered the polymetallic nodules during its scientific expeditions in the Kara Sea part of the Arctic Ocean in 1868. Whilst in the vastness of the skies above, the Clementine and Lunar Prospector indicated the existence of water ice at the lunar poles during the period of 1994 to 1999. In 2003, the SMART-1 lunar orbiter of the European Space Agency discovered the key chemical elements of the Moon. Going even further back, in 1988, NASA published a work on Helium-3 blown away by the solar wind onto the Moon, and the possibilities of harvesting it as an alternative energy source for the continuation and advancement of human race. The deep seabed and the outer space, along with their resources, are both internationally governed under the same underlying principle: the Common Heritage of Humankind. Yet, while the former has begun to take shape, the latter still has very little progress. Various factors ranging from laws to politics to economics and undeniably the advances in science and technology have hindered the development of the principle of Common Heritage of Humankind in the outer space regime. Hence, this paper is to argue on how best to reform the principle, and consequently, determining which of its elements that might be spared in order for it to eventually work in balancing the contrasting interests from diverse stake-holders: the developed and the developing countries; the sovereign and the corporations – with their respective weapons of laws or of technology.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116890291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art8
Muhammad April, Muammar Alkadafi, Muh. Said
The village as a customary law community unit has its original composition, which is the right of origin that is recognized in the framework of the 1945 Constitution. The implications of the implementation of Law Number 6 of 2014 on Villages revived the spirit of the Regional Government of Siak Regency and Bali Province to carry out the arrangement of a model of governance of traditional villages that are appropriate with the origins and customs that once prevailed in the region. This study analyzes; first, the impact of the enactment of the village law on the governance of traditional villages in Siak District, Riau Province and Bali Province. Second, aspects that become similarities and differences in the administration of traditional village governance between Siak Regency, Riau Province and Bali Province. This study uses empirical normative research method. The results of the study concluded that first, the administration of traditional village governance in Siak Regency, Riau Province was not carried out, while the existence of traditional villages in Bali Province was getting stronger through government policies that gave special status and authority to traditional villages to organize traditional village governance in accordance with their origins and customs that exist in society. Second, the institutional administration of traditional villages in Siak Regency is no longer based on the original structure and no longer carries out activities according to customs and traditions in the context of Malay culture, while in Bali institutional governance of traditional villages and community activities are still based on the values of their ancestral culture, namely the philosophy of tri hita karana.
{"title":"Hukum Adat dalam Penyelenggaraan Pemerintahan Desa Adat di Kabupaten Siak Provinsi Riau dan Provinsi Bali","authors":"Muhammad April, Muammar Alkadafi, Muh. Said","doi":"10.20885/iustum.vol30.iss2.art8","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art8","url":null,"abstract":"The village as a customary law community unit has its original composition, which is the right of origin that is recognized in the framework of the 1945 Constitution. The implications of the implementation of Law Number 6 of 2014 on Villages revived the spirit of the Regional Government of Siak Regency and Bali Province to carry out the arrangement of a model of governance of traditional villages that are appropriate with the origins and customs that once prevailed in the region. This study analyzes; first, the impact of the enactment of the village law on the governance of traditional villages in Siak District, Riau Province and Bali Province. Second, aspects that become similarities and differences in the administration of traditional village governance between Siak Regency, Riau Province and Bali Province. This study uses empirical normative research method. The results of the study concluded that first, the administration of traditional village governance in Siak Regency, Riau Province was not carried out, while the existence of traditional villages in Bali Province was getting stronger through government policies that gave special status and authority to traditional villages to organize traditional village governance in accordance with their origins and customs that exist in society. Second, the institutional administration of traditional villages in Siak Regency is no longer based on the original structure and no longer carries out activities according to customs and traditions in the context of Malay culture, while in Bali institutional governance of traditional villages and community activities are still based on the values of their ancestral culture, namely the philosophy of tri hita karana.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121989344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art6
konsep pendidikan, sebagai Hak Konstitusional, I. Palguna, dan Bima, Kumara Dwi Atmaja, Departemen Hukum Internasional, dan Hukum Tata Negara, F. Hukum
This research generally aims to identify the developments in the concept of human rights at both the national and international levels. In particular, this study analyzes how the conception of education is a constitutional right of every Indonesian citizen. This study employs normative legal research methods supported by several approaches, namely conceptual, statutory and historical approaches. The results of this study conclude that the development of human rights which originally came from the doctrine of natural rights has developed into constitutional rights when these rights were included as part of the constitutions of many countries. This study found that education is a constitutional right based on Article 31 of the 1945 Constitution of the Republic of Indonesia relating to the right to education, there are a number of basic principles that must be considered, including: first, Education, as a constitutional right which is part of positive rights, requires the state to make public policies that each moment brings closer to the fulfillment or maximum enjoyment of this right. Second, education must be managed and organized by the state as a system, namely the national education system. Third, the government is obliged to promote science for the advancement of human welfare and civilization. As part of a constitutional right, which means part of the constitution which is a fundamental law, this right must not be deviated from the practice of administering the state.
{"title":"Konsepsi Pendidikan Sebagai Hak Konstitusional","authors":"konsep pendidikan, sebagai Hak Konstitusional, I. Palguna, dan Bima, Kumara Dwi Atmaja, Departemen Hukum Internasional, dan Hukum Tata Negara, F. Hukum","doi":"10.20885/iustum.vol30.iss2.art6","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art6","url":null,"abstract":"This research generally aims to identify the developments in the concept of human rights at both the national and international levels. In particular, this study analyzes how the conception of education is a constitutional right of every Indonesian citizen. This study employs normative legal research methods supported by several approaches, namely conceptual, statutory and historical approaches. The results of this study conclude that the development of human rights which originally came from the doctrine of natural rights has developed into constitutional rights when these rights were included as part of the constitutions of many countries. This study found that education is a constitutional right based on Article 31 of the 1945 Constitution of the Republic of Indonesia relating to the right to education, there are a number of basic principles that must be considered, including: first, Education, as a constitutional right which is part of positive rights, requires the state to make public policies that each moment brings closer to the fulfillment or maximum enjoyment of this right. Second, education must be managed and organized by the state as a system, namely the national education system. Third, the government is obliged to promote science for the advancement of human welfare and civilization. As part of a constitutional right, which means part of the constitution which is a fundamental law, this right must not be deviated from the practice of administering the state.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128952790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art1
Muhammad Ihsan Firdaus
The method for forming omnibus laws and regulations is relatively new to positive law for the formation of laws and regulations in Indonesia, considering overlapping regulations are one of the legal issues for reforming laws and regulations in Indonesia that need serious attention. There is a great number of laws and regulations that overlap each other, both horizontally and vertically, resulting in disharmony and legal uncertainty in the laws and regulations in Indonesia and to increase investment value and the national economy which is still relatively low when compared to other countries. This research discusses how the omnibus law concept is applied in other countries in the formation of laws and regulations; and whether the concept of the omnibus law implemented by the Government of Indonesia is in accordance with the objectives of the law and the legal reform of the formation of statutory regulations. This study uses normative research methods. The results of this study conclude that first, other countries, namely Canada, the United States, the Philippines and Vietnam have different legal reasoning, namely as a consolidated norm; increase the investment sector; and the many laws and regulations that overlap with each other and the process of forming laws and regulations is lengthy. Second, the omnibus law method in Indonesia is through Law No. 11 of 2020 on Job Creation which has been revoked by Government Regulation in lieu of Law No. 2 of 2022 does not reflect the objectives of the law (fairness, public benefit and legal certainty) and there are no principles for forming good statutory regulations.
{"title":"Metode Omnibus Law dalam Pembaharuan Hukum Pembentukan Peraturan Perundang-Undangan di Indonesia (Studi Perbandingan Negara Kanada, Amerika Serikat, Filipina dan Vietnam)","authors":"Muhammad Ihsan Firdaus","doi":"10.20885/iustum.vol30.iss2.art1","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art1","url":null,"abstract":"The method for forming omnibus laws and regulations is relatively new to positive law for the formation of laws and regulations in Indonesia, considering overlapping regulations are one of the legal issues for reforming laws and regulations in Indonesia that need serious attention. There is a great number of laws and regulations that overlap each other, both horizontally and vertically, resulting in disharmony and legal uncertainty in the laws and regulations in Indonesia and to increase investment value and the national economy which is still relatively low when compared to other countries. This research discusses how the omnibus law concept is applied in other countries in the formation of laws and regulations; and whether the concept of the omnibus law implemented by the Government of Indonesia is in accordance with the objectives of the law and the legal reform of the formation of statutory regulations. This study uses normative research methods. The results of this study conclude that first, other countries, namely Canada, the United States, the Philippines and Vietnam have different legal reasoning, namely as a consolidated norm; increase the investment sector; and the many laws and regulations that overlap with each other and the process of forming laws and regulations is lengthy. Second, the omnibus law method in Indonesia is through Law No. 11 of 2020 on Job Creation which has been revoked by Government Regulation in lieu of Law No. 2 of 2022 does not reflect the objectives of the law (fairness, public benefit and legal certainty) and there are no principles for forming good statutory regulations.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132544549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art9
Danang Wahyu Muhammad, Izzy Al Kautsar, Emmy Latifah
The purpose of this study is to present a normative analysis of the labeling of food products in Indonesia and the relationship between information disclosure on food labels and the implementation of consumer protection. This research uses normative juridical methods. The results conclude that first, the current global food issue is the danger of consuming food ingredients that contain allergens. The United States, Singapore and Japan have required the inclusion of allergen information in the labeling of food products in their respective National Laws. This is a lesson for Indonesia to require the inclusion of allergen information in the National Law. Therefore, a limited revision of Article 97 paragraph 3 of the Food Law is needed to include the obligation to include warnings for allergen content on food labels. Second, many food products do not display information in accordance with reality and its original content, which is detrimental to consumers. Consumer protection in food regulation through food labeling departs from the State's efforts to safeguard the rights and interests of these consumers so that they are not harmed by profit-oriented producers by way of processing and distributing fair and healthy food products based on the principle of information disclosure.
{"title":"Pencantuman Label Alergen dalam Pelabelan Produk Pangan Sebagai Bentuk Perlindungan Konsumen","authors":"Danang Wahyu Muhammad, Izzy Al Kautsar, Emmy Latifah","doi":"10.20885/iustum.vol30.iss2.art9","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art9","url":null,"abstract":"The purpose of this study is to present a normative analysis of the labeling of food products in Indonesia and the relationship between information disclosure on food labels and the implementation of consumer protection. This research uses normative juridical methods. The results conclude that first, the current global food issue is the danger of consuming food ingredients that contain allergens. The United States, Singapore and Japan have required the inclusion of allergen information in the labeling of food products in their respective National Laws. This is a lesson for Indonesia to require the inclusion of allergen information in the National Law. Therefore, a limited revision of Article 97 paragraph 3 of the Food Law is needed to include the obligation to include warnings for allergen content on food labels. Second, many food products do not display information in accordance with reality and its original content, which is detrimental to consumers. Consumer protection in food regulation through food labeling departs from the State's efforts to safeguard the rights and interests of these consumers so that they are not harmed by profit-oriented producers by way of processing and distributing fair and healthy food products based on the principle of information disclosure.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126929994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-01DOI: 10.20885/iustum.vol30.iss2.art10
Victor Apriano R. Lazarus, Fransiskus Saverius Nurdin
Article 119 section b of Law No. 32 of 2009 on Environmental Protection and Management stipulates that "Corporations or business entities may be subject to additional criminal or disciplinary measures in the form of shutting down their places of business and/or activities entirely or partially. The logical consequence of this article is that corporations or business entities will have their operations suspended when they carry out a factumm delictum. This juridical action did not solve the problem, but instead it created the new ones. To answer this fundamental problem, this study intends to teleologically discuss the philosophy of utilitarianism and its weaknesses of the a quo article so that it is deemed necessary for its reconstruction based on the utilitarianism. This is a normative legal research with a philosophical approach. This research concludes that the true law must be fair and bring maximum social happiness to the society without exception. The implication is that the formulation of the Article a quo is reconstructed into "Corporations or business entities may be subject to additional punishment or disciplinary action in the form of temporary or partial closure of their place of business and/or activities".
{"title":"Rekonstruksi Pasal 119 Huruf b Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Berbasis Utilitarianisme","authors":"Victor Apriano R. Lazarus, Fransiskus Saverius Nurdin","doi":"10.20885/iustum.vol30.iss2.art10","DOIUrl":"https://doi.org/10.20885/iustum.vol30.iss2.art10","url":null,"abstract":"Article 119 section b of Law No. 32 of 2009 on Environmental Protection and Management stipulates that \"Corporations or business entities may be subject to additional criminal or disciplinary measures in the form of shutting down their places of business and/or activities entirely or partially. The logical consequence of this article is that corporations or business entities will have their operations suspended when they carry out a factumm delictum. This juridical action did not solve the problem, but instead it created the new ones. To answer this fundamental problem, this study intends to teleologically discuss the philosophy of utilitarianism and its weaknesses of the a quo article so that it is deemed necessary for its reconstruction based on the utilitarianism. This is a normative legal research with a philosophical approach. This research concludes that the true law must be fair and bring maximum social happiness to the society without exception. The implication is that the formulation of the Article a quo is reconstructed into \"Corporations or business entities may be subject to additional punishment or disciplinary action in the form of temporary or partial closure of their place of business and/or activities\".","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121240804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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