Pub Date : 2022-03-29DOI: 10.20884/1.jdh.2021.21.3.3126
K. Pamuji, A. Nasihuddin, S. Sukirman, K. Wahyoeningsih, Siti Muflichah, Noor Asyik, Aditya Riza Darmawan
Community based waste management (PSBM) is a waste management approach based on community’s needs and demand and is planned, carried out (if possible), controlled and evaluated jointly by the community. An increase in population is always followed with increasing volume of waste, which requires change in the waste management especially from the old paradigm (collect – transport – dispose of) to the new paradigm of 3R concept (reduce, reuse, recycle). The 3R waste management pattern is implemented through waste bank empowerment by involving all elements of the community. Law Number 18 Year 2008 on Waste Management and Regulation of the Minister of Environment Number 13 Year 2021 on the Guidelines on Reduce, Reuse and Recycle Implementation through Waste Bank has opened the opportunity for public participation in waste management. All this times the Government of Banyumas Regency has applied waste management technical policies several times, but there is no express legal policy about the existence of Waste Bank. The Government of Banyumas Regency currently still prioritizes big scale waste management through a hangar system. The potential of Waste Bank as one waste conscious group and as an alternative whose role can be optimized especially in community-based waste reduction management has not got attention.Keywords: Role, Waste Bank, Domestic Waste.
{"title":"A Juridical Study on The Role of Waste Bank in Domestic Waste Management in Banyumas Regency","authors":"K. Pamuji, A. Nasihuddin, S. Sukirman, K. Wahyoeningsih, Siti Muflichah, Noor Asyik, Aditya Riza Darmawan","doi":"10.20884/1.jdh.2021.21.3.3126","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3126","url":null,"abstract":"Community based waste management (PSBM) is a waste management approach based on community’s needs and demand and is planned, carried out (if possible), controlled and evaluated jointly by the community. An increase in population is always followed with increasing volume of waste, which requires change in the waste management especially from the old paradigm (collect – transport – dispose of) to the new paradigm of 3R concept (reduce, reuse, recycle). The 3R waste management pattern is implemented through waste bank empowerment by involving all elements of the community. Law Number 18 Year 2008 on Waste Management and Regulation of the Minister of Environment Number 13 Year 2021 on the Guidelines on Reduce, Reuse and Recycle Implementation through Waste Bank has opened the opportunity for public participation in waste management. All this times the Government of Banyumas Regency has applied waste management technical policies several times, but there is no express legal policy about the existence of Waste Bank. The Government of Banyumas Regency currently still prioritizes big scale waste management through a hangar system. The potential of Waste Bank as one waste conscious group and as an alternative whose role can be optimized especially in community-based waste reduction management has not got attention.Keywords: Role, Waste Bank, Domestic Waste.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126502744","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 : 2022-03-29DOI: 10.20884/1.jdh.2021.21.3.3070
Xaviera Qatrunnada Djana Sudjati, Dewi Cahyandari
The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords: AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority.
{"title":"General Principles of Good Governance in Administrative Court Decision Regarding Request for Review of Abuse of Authority","authors":"Xaviera Qatrunnada Djana Sudjati, Dewi Cahyandari","doi":"10.20884/1.jdh.2021.21.3.3070","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3070","url":null,"abstract":"The administrative court is given the authority to review the request for review of abuse of authority according to the legislation and general principles of good governance as the two touchstones. This review may serve as a testing benchmark to discuss the issue of the request over the abuse of authority as requested by government officials, recalling that abuse of authority has several criteria to proscribe and regulate in the general principles of good governance. The research problems involved the criteria and the bases for determining the type of abuse of authority in the request over the abuse of authority. This research employed a normative method, statutory, and historical approaches. The research results concluded that the Decision 2/P/PW/2017/PTUN.JBI holds the relevance to the current legislation, public interest, and the absence of state losses, while the Decision 09/P/PW/2018/PTUN.Sby only refers to the current legislation in terms of its relevance. Although the general principles of good governance refer to the administrative court as the touchstone, this touchstone is not optimally used in the request for review of abuse of authority.Keywords: AUPB (general principles of good governance); Administrative Court; request for review of abuse of authority.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125231001","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 : 2022-03-29DOI: 10.20884/1.jdh.2021.21.3.3150
R. Bintoro, Antonius Sidik Maryono, S. Sanyoto, Weda Kupita, Muhammad Bagus Tri Prasetyo
This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law
{"title":"Determination of The Authority To Adjudicate Child Adoption For Muslims in Indonesia","authors":"R. Bintoro, Antonius Sidik Maryono, S. Sanyoto, Weda Kupita, Muhammad Bagus Tri Prasetyo","doi":"10.20884/1.jdh.2021.21.3.3150","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.3150","url":null,"abstract":"This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law ","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130834377","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 : 2022-03-28DOI: 10.20884/1.jdh.2021.21.3.2844
R. Ardhanariswari, T. Haryanto, S. Supriyanto
Such conception of human rights is in line with international human rights law, in particular with adopting a comprehensive women's rights instrument, namely the Convention on the Elimination of All Forms Discrimination Against Women, hereinafter referred to as the CEDAW Convention, which was ratified by the State of Indonesia with Law No. 7 of 1984 on Ratification of the CEDAW Convention. Women, especially in Indonesia are still left behind both in public life and politics. This raises the issue of gender equality, which means a condition of "inequality" experienced by women. The current trend in society is that women tend to participate in the national level such as general elections or participation in the DPR or MPR. Currently, there is yet any law that comprehensively regulates the protection of women's rights. Indonesia still rely on legal instruments regarding gender equality with various conventions such as the CEDAW Convention, the ICESCR Convention, and the ICCPR Convention. Women face discrimination, not only in the domestic sector but also in the public sector. Therefore, it is important to learn and develop the multifunctional dynamic character of women. This development has appeared in various Constitutional Court's decisions on judicial review of laws.Keywords: genderequality;judicial reviews;general election
{"title":"Gender Equality in Politics (Study on The Indonesian Constitutional Court's Decisions on Judicial Review Related to Women's Political Participation)","authors":"R. Ardhanariswari, T. Haryanto, S. Supriyanto","doi":"10.20884/1.jdh.2021.21.3.2844","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.2844","url":null,"abstract":"Such conception of human rights is in line with international human rights law, in particular with adopting a comprehensive women's rights instrument, namely the Convention on the Elimination of All Forms Discrimination Against Women, hereinafter referred to as the CEDAW Convention, which was ratified by the State of Indonesia with Law No. 7 of 1984 on Ratification of the CEDAW Convention. Women, especially in Indonesia are still left behind both in public life and politics. This raises the issue of gender equality, which means a condition of \"inequality\" experienced by women. The current trend in society is that women tend to participate in the national level such as general elections or participation in the DPR or MPR. Currently, there is yet any law that comprehensively regulates the protection of women's rights. Indonesia still rely on legal instruments regarding gender equality with various conventions such as the CEDAW Convention, the ICESCR Convention, and the ICCPR Convention. Women face discrimination, not only in the domestic sector but also in the public sector. Therefore, it is important to learn and develop the multifunctional dynamic character of women. This development has appeared in various Constitutional Court's decisions on judicial review of laws.Keywords: genderequality;judicial reviews;general election","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128789307","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 : 2022-03-28DOI: 10.20884/1.jdh.2021.21.3.2671
Edi Wahjuni, Nuzulia Kumala Sari
Before working on a medical action, the doctor must provide information and get approval from a competent patient or next of kin, in the form of informed consent documents. The formulations of these research problems are a) How is the implementation of informed consent for emergency patients at Jember Lung Hospital Emergency Room (ER)? and b) What are the legal aspects of working on a medical action without informed consent in handling the emergency patients? The research method that is used is juridically normative with the method of legal approach. The data sources are from primary and secondary legal sources, and interview results. The research site is at Emergency Room of Jember Lung Hospital. During January to March 2020 there were 956 emergency patients who received medical action at the Emergency Room of Jember Lung Hospital. Four of the 956 emergency patients were taken without informed consent.Keywords: emergency, informed consent and medical treatment
{"title":"Legal Aspects of Medical Action Without Informed Consent in ER Jember Lung Hospital in 2020","authors":"Edi Wahjuni, Nuzulia Kumala Sari","doi":"10.20884/1.jdh.2021.21.3.2671","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.2671","url":null,"abstract":"Before working on a medical action, the doctor must provide information and get approval from a competent patient or next of kin, in the form of informed consent documents. The formulations of these research problems are a) How is the implementation of informed consent for emergency patients at Jember Lung Hospital Emergency Room (ER)? and b) What are the legal aspects of working on a medical action without informed consent in handling the emergency patients? The research method that is used is juridically normative with the method of legal approach. The data sources are from primary and secondary legal sources, and interview results. The research site is at Emergency Room of Jember Lung Hospital. During January to March 2020 there were 956 emergency patients who received medical action at the Emergency Room of Jember Lung Hospital. Four of the 956 emergency patients were taken without informed consent.Keywords: emergency, informed consent and medical treatment","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133214390","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 : 2022-03-28DOI: 10.20884/1.jdh.2021.21.3.2882
M. Mohas, Belardo Prasetya Mega Jaya, Mohamad Fasyehhudin, Arizon Mega Jaya
Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords: international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.
{"title":"The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad","authors":"M. Mohas, Belardo Prasetya Mega Jaya, Mohamad Fasyehhudin, Arizon Mega Jaya","doi":"10.20884/1.jdh.2021.21.3.2882","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.3.2882","url":null,"abstract":"Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords: international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133462084","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 : 2022-01-26DOI: 10.20884/1.jdh.2022.22.1.3424
Mohamad Khamim, Mohd. Taufik
Strategic steps in handling the Covid 19 pandemic have been made by the Regional government to accelerate the handling of Covid-19. This study aims to look at the position of discretion as an instrument of administrative law in the formation of public policy, and analyze the extent to which discretion is used by regional heads as an effort to make effective policies in preventing covid 19 in their regions as part of the bureaucratic agility paradigm. This research uses an empirical juridical approach, with the data analysis method being carried out by collecting data through the study of library materials or secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to normative juridical analysis of the synchronization of the Government Administration Law. The policy of handling covid 19 carried out by several regions has succeeded in reducing the mortality rate through discretion, with a more flexible and flexible policy character in carrying out the role of responsive bureaucratic agility. The approach of State Administration law provides more legal certainty and avoids clashes of constitutional issues in realizing public welfare and justice.Keywords: Discretion, Covid 19 Prevention, State Administrative Law
{"title":"Discretion of Covid 19 Prevention in the Perspective of State Administrative Law","authors":"Mohamad Khamim, Mohd. Taufik","doi":"10.20884/1.jdh.2022.22.1.3424","DOIUrl":"https://doi.org/10.20884/1.jdh.2022.22.1.3424","url":null,"abstract":"Strategic steps in handling the Covid 19 pandemic have been made by the Regional government to accelerate the handling of Covid-19. This study aims to look at the position of discretion as an instrument of administrative law in the formation of public policy, and analyze the extent to which discretion is used by regional heads as an effort to make effective policies in preventing covid 19 in their regions as part of the bureaucratic agility paradigm. This research uses an empirical juridical approach, with the data analysis method being carried out by collecting data through the study of library materials or secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials, both in the form of documents and applicable laws and regulations relating to normative juridical analysis of the synchronization of the Government Administration Law. The policy of handling covid 19 carried out by several regions has succeeded in reducing the mortality rate through discretion, with a more flexible and flexible policy character in carrying out the role of responsive bureaucratic agility. The approach of State Administration law provides more legal certainty and avoids clashes of constitutional issues in realizing public welfare and justice.Keywords: Discretion, Covid 19 Prevention, State Administrative Law","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"57 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116833976","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 : 2021-12-24DOI: 10.20884/1.jdh.2021.21.2.2859
Hibnu Nugroho
To prevent the occurrence of criminal acts of corruption, the Attorney General's Office issued a Decree of the Attorney General of the Republic of Indonesia Number: KEP-152/A/JA/10/2015 dated October 1, 2015, followed by Instruction of the Attorney General of the Republic of Indonesia Number: INS-001/A/JA/10/2015 concerning the Establishment of the Government and Development Guard and Security Team (TP4) of the Republic of Indonesia Prosecutor's Office, to be followed up by all levels of the Attorney General's Office throughout Indonesia. At the regional level, the TP4D institution is expected to be able to prevent the emergence of potential corruption in projects in the regions by assisting from the inception of contracts. With assistance, the parties implementing contracts also feel the safety of being assisted by experts in the field of law, especially those related to corruption. This paper discussed the performance of the TP4D (Guard and Security Team for Government and Regional Development). This institution was dissolved after four years running and revoked based on Attorney General's Instruction Number 7 of 2019 concerning Implementation of Attorney General Decree Number 345 of 2019 concerning the Revocation of the TP4. The existence of the TP4D was actually perceived to provide many benefits by development implementers in the regions, especially its prevention of the emergence of maladministration and the potential for corruption. This article was part of the reseach of Professor Grant scheme of 2020.Keywords: prevention, corruption, escort, regional development
为了防止腐败犯罪行为的发生，总检察长办公室于2015年10月1日发布了印度尼西亚共和国总检察长法令，编号:KEP-152/ a /JA/10/2015，随后是印度尼西亚共和国总检察长指令，编号:INS-001/A/JA/10/2015:关于建立印度尼西亚共和国检察官办公室政府和发展警卫和安全小组(TP4)，由印度尼西亚全国各级检察长办公室跟进。在区域一级，TP4D机构有望通过在合同开始时提供协助，防止各区域项目中出现潜在的腐败现象。有了协助，执行合同的各方也感到得到法律领域专家，特别是与腐败有关的专家的协助是安全的。本文讨论了TP4D(政府和区域发展警卫和安全小组)的绩效。该机构在运行四年后解散，并根据2019年第7号总检察长指示，关于执行2019年第345号总检察长令，关于撤销TP4。人们实际上认为，TP4D的存在为各区域的发展执行者提供了许多好处，特别是它可以防止出现行政不善和潜在的腐败。本文为2020年“教授资助计划”研究的一部分。关键词:预防、腐败、护航、区域发展
{"title":"Guard And Security Team for Regional Development in Preventing Criminal Acts of Corruption","authors":"Hibnu Nugroho","doi":"10.20884/1.jdh.2021.21.2.2859","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.2859","url":null,"abstract":"To prevent the occurrence of criminal acts of corruption, the Attorney General's Office issued a Decree of the Attorney General of the Republic of Indonesia Number: KEP-152/A/JA/10/2015 dated October 1, 2015, followed by Instruction of the Attorney General of the Republic of Indonesia Number: INS-001/A/JA/10/2015 concerning the Establishment of the Government and Development Guard and Security Team (TP4) of the Republic of Indonesia Prosecutor's Office, to be followed up by all levels of the Attorney General's Office throughout Indonesia. At the regional level, the TP4D institution is expected to be able to prevent the emergence of potential corruption in projects in the regions by assisting from the inception of contracts. With assistance, the parties implementing contracts also feel the safety of being assisted by experts in the field of law, especially those related to corruption. This paper discussed the performance of the TP4D (Guard and Security Team for Government and Regional Development). This institution was dissolved after four years running and revoked based on Attorney General's Instruction Number 7 of 2019 concerning Implementation of Attorney General Decree Number 345 of 2019 concerning the Revocation of the TP4. The existence of the TP4D was actually perceived to provide many benefits by development implementers in the regions, especially its prevention of the emergence of maladministration and the potential for corruption. This article was part of the reseach of Professor Grant scheme of 2020.Keywords: prevention, corruption, escort, regional development","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134303483","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 : 2021-12-24DOI: 10.20884/1.jdh.2021.21.2.2870
Muhammad Asyraf Azni, S. H. M. Pauzi
The government of Malaysia has declared Movement Control Order (MCO) for the whole Malaysia in order to flatten the curve of Covid-19 infection. Universities, such as UiTM, consequently has been ordered by the government to close its campuses and as such students who are renting a house are wondering whether they can terminate the tenancy agreement which they have entered into. The paper analyses the legal position of doctrine of frustration and force majeure in this context. The analysis is done based on the cases and/or legal provisions from various jurisdiction such Malaysia, Singapore, and the United Kingdom. This paper finds that force majeure clause is most likely cannot be used to terminate the agreement because this clause is usually not included in the terms of the agreement. Doctrine of frustration on the other hand might be use as a ground to terminate the agreement. However, the court will apply the doctrine of frustration in a very careful manner so as to respect the sanctity of the agreement. In conclusion, whether or not tenancy agreement can be terminated due to MCO, it will all depends on the terms of each tenancy agreement.Keywords: contract; Covid-19; force majeure; frustration; MCO
{"title":"Tenancy Agreement: Can Tenant Declare that the Agreement is Void due to Movement Control Order?","authors":"Muhammad Asyraf Azni, S. H. M. Pauzi","doi":"10.20884/1.jdh.2021.21.2.2870","DOIUrl":"https://doi.org/10.20884/1.jdh.2021.21.2.2870","url":null,"abstract":"The government of Malaysia has declared Movement Control Order (MCO) for the whole Malaysia in order to flatten the curve of Covid-19 infection. Universities, such as UiTM, consequently has been ordered by the government to close its campuses and as such students who are renting a house are wondering whether they can terminate the tenancy agreement which they have entered into. The paper analyses the legal position of doctrine of frustration and force majeure in this context. The analysis is done based on the cases and/or legal provisions from various jurisdiction such Malaysia, Singapore, and the United Kingdom. This paper finds that force majeure clause is most likely cannot be used to terminate the agreement because this clause is usually not included in the terms of the agreement. Doctrine of frustration on the other hand might be use as a ground to terminate the agreement. However, the court will apply the doctrine of frustration in a very careful manner so as to respect the sanctity of the agreement. In conclusion, whether or not tenancy agreement can be terminated due to MCO, it will all depends on the terms of each tenancy agreement.Keywords: contract; Covid-19; force majeure; frustration; MCO","PeriodicalId":280058,"journal":{"name":"Jurnal Dinamika Hukum","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122053979","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 : 2021-12-24DOI: 10.20884/1.jdh.2021.21.2.2855
Ismawati Septiningsih
This research analyzes the urgency of the need for reformulation of individual legal subjects who commit mining crimes to encourage increased ecological stability in Indonesia. This research is normative legal research using secondary data sources through a prescriptive literature study. The results showed that the frequency of mining criminal acts committed by individual legal subjects has a high rate of cases; it also has implications for the ecological balance around the mining area. The reformulation of sanctions on particular legal matters focuses on changing the substance of articles in Law Number 4 of 2009 concerning Mineral and Coal Mining (Mining Law). In the research, it will be presented with recommendations for changes in the substance of the Mining Law article which regulates the sanction of individual legal subjects who commit mining crimes to create a deterrent effect to the perpetrators, so that in the future it is expected to encourage increased ecological stability in Indonesia through reducing the frequency of criminal cases mining.Keywords: Reformulation; Individual Legal Subjects; Mining Crimes; Mining Law; Ecology.
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