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The Compliance of Regional Autonomy with State Administrative Court Decisions 地区自治与国家行政法院判决的一致性
Pub Date : 2024-01-26 DOI: 10.53955/jsderi.v2i1.25
S. D. Baranyanan, Nilam Firmandayu, Ravi Danendra
Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.
印度尼西亚现行的几部法律所规定的不同机制继续阻碍着国家行政法院裁决的执行。因此,在区域自治的背景下,出现了有关政府自治性质、法律意识、领导结构和政治决心的问题。所采用的研究方法是规范法学研究,即分析国家行政法院法中有关国家行政法院机构裁决执行的条款,以确定和提出法律论据。本研究表明,印尼国家行政法庭在如何执行裁决方面存在差异,在实际执行方面也面临一些挑战。为了应对这些挑战,我们提出了四个行政权概念框架,以建立在全球化环境中执行行政法庭裁决的机制。执行国家行政法庭裁决的法律文书演变模式、执行此类裁决的各类辩护模式、执行国家行政法庭的执法模式以及作为问题腾空的执行模式。
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引用次数: 0
Model Regulations for Collecting State Revenue in Registration of Sale and Purchase Land 土地买卖登记国家税收征收示范条例
Pub Date : 2024-01-26 DOI: 10.53955/jsderi.v2i1.24
Andhyka Muchtar, M. M. Mujib
Taxes serve as the primary source of income for the nation to finance its diverse requirements. Land sales and purchase taxes are a specialized sort of tax revenue. Nevertheless, the current taxing arrangements for land transactions enforced by the state remain unjust and need more legal certainty. This study evaluates the significance of state taxation regulations in land acquisitions, aiming to establish legal certainty and justice for the community. It proposes that state taxes on land sales should be determined based on the Tax Object Proceeds Value (NJOP). It advocates for implementing a self-assessment system to ensure equitable taxation and legal certainty in Indonesia. This study employs a doctrinal legal research methodology, conceptual approach, and statutory regulations. The sources utilized encompass primary and secondary legal texts, subsequently synthesized through deductive syllogism. The results indicate that the current rules for determining state tax deductions for land sales in Indonesia are invalid and unfair. This is because they need a self-assessment system, which leads to a lack of clarity and transparency. To address this issue, it is necessary to implement the Tax Deal System as the primary method for collecting sales and purchase taxes on land. This system would allow taxpayers to communicate with tax authorities to determine the land's fair value before conducting transactions to ensure that the transaction value and tax amount are based on the actual value of the land.
税收是国家满足各种需求的主要收入来源。土地买卖税是一种特殊的税收。然而,目前国家强制执行的土地交易税收安排仍然不公正,需要更多的法律确定性。本研究评估了国家税收法规在土地购置中的意义,旨在为社会建立法律确定性和公正性。研究建议,国家对土地出让的征税应以税收客体收益价值(NJOP)为基础。它主张实施自我评估制度,以确保印尼的税收公平性和法律确定性。本研究采用了法学理论研究方法、概念方法和法规条例。所使用的资料来源包括主要和次要法律文本,然后通过演绎法进行综合。研究结果表明,印尼现行的土地销售国家减税规则是无效的,也是不公平的。这是因为它们需要一个自我评估系统,从而导致缺乏清晰度和透明度。为解决这一问题,有必要实施税收交易系统,将其作为征收土地销售税和购置税的主要方法。该系统将允许纳税人在进行交易前与税务机关沟通,确定土地的公允价值,以确保交易价值和税额以土地的实际价值为基础。
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引用次数: 3
The Controversy on the Minimum Age for Marriage in Indonesia: Factors and Implications 印度尼西亚关于最低结婚年龄的争议:因素和影响
Pub Date : 2024-01-26 DOI: 10.53955/jsderi.v2i1.21
Daud Rismana, Hariyanto Hariyanto, Mabarroh Azizah, Ninik Zakiyah, Abdul Rahim Hakimi
In 2019, Indonesia redefined the minimum age limit for marriage with the aim of achieving gender equality and reducing child marriage rates. Unfortunately, this legal reform did not entirely succeed and, instead, created a paradox within Indonesian society. This study aims to investigate the controversy surrounding the minimum age for marriage as stipulated in Indonesian Marriage Laws. The paper employs a socio-legal approach, collecting data through legal material investigation and interviews. The research indicates that the reformation attempt brings about at least three undesired implications: an increase in the number of marriage dispensations, child marriages, and pre-marital pregnancies. These paradoxes appear to be influenced by several factors: (1) the public's minimal awareness of the current marriage law, (2) the lack of socialization from government bodies, and (3) regulatory inconsistency itself. Theoretically, instead of resolving issues within society, it turns out that the legal changes initiated by the state do not significantly trigger changes within society.
2019 年,印度尼西亚重新定义了结婚的最低年龄限制,旨在实现性别平等和降低童婚率。遗憾的是,这一法律改革并未完全成功,反而在印尼社会中造成了矛盾。本研究旨在调查围绕印尼婚姻法规定的最低结婚年龄所产生的争议。本文采用社会法律方法,通过法律材料调查和访谈收集数据。研究结果表明,改革尝试至少带来了三种不希望出现的影响:结婚许可数量增加、童婚和婚前怀孕。这些悖论似乎受到几个因素的影响:(1) 公众对现行婚姻法的了解甚少,(2) 政府机构缺乏社会化,(3) 法规本身的不一致。从理论上讲,由国家发起的法律变革非但不能解决社会内部的问题,反而会明显引发社会内部的变革。
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引用次数: 0
The Role of District Governments in Handling Damage to National Roads in the Regional Autonomy 地区自治中区政府在处理国道损坏方面的作用
Pub Date : 2024-01-26 DOI: 10.53955/jsderi.v2i1.22
Iswantoro Iswantoro, Saparwadi Saparwadi, Devi Triasari
The problematic reality of national roads in rural and urban areas is that they are often damaged and unfit for use. This is due to nationwide road repairs that rely only on the central government's responsibility, resulting in development delays that could endanger the safety of road users. The method used in this research is social legal research to observe law in the dynamics of social life in the context of the role of district and city governments in dealing with damage to national roads. The role of the government in dealing with damage to national roads is to carry out supervision to prevent workers from committing irregularities, misappropriation, and wastage of funds, as well as to overcome obstacles that may occur during the repair process. In addition, the government has a role in carrying out road construction and accommodating policies regarding road construction. Thus, even though national roads are the responsibility of the central government, district and city governments also need to take responsibility for national roads.
农村和城市地区国道的现实问题是经常损坏,不适合使用。这是由于全国性的道路维修仅依靠中央政府的责任,导致发展滞后,可能危及道路使用者的安全。本研究采用的方法是社会法律研究法,以地区和城市政府在处理国道损坏问题中的作用为背景,观察社会生活动态中的法律。政府在处理国道损坏时的作用是进行监督,防止工人违规、挪用和浪费资金,以及克服修复过程中可能出现的障碍。此外,政府在公路建设中也发挥着作用,并对公路建设政策进行调整。因此,尽管国道是中央政府的责任,但地区和城市政府也需要承担起国道的责任。
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引用次数: 0
Strengthening Blue Economy Policy to Achieve Sustainable Fisheries 加强蓝色经济政策,实现可持续渔业
Pub Date : 2024-01-26 DOI: 10.53955/jsderi.v2i1.23
Sapriani Sapriani, Reza Octavia Kusumaningtyas, Khalid Eltayeb Elfaki
Particularly in developing nations, the aquaculture and fisheries sector is vital to the nutrition and food security of the global population. Nevertheless, notwithstanding their substantial social and economic potential, fishery resources are susceptible to overexploitation and hurting the environment. This research assesses the significance of bolstering blue economy policies to enhance sustainable maritime policies. This study employs the methodology of normative legal research. The research findings, the deterioration of ecological equilibrium, as evidenced by the diminishing carrying capacity of the sea, can be attributed to conservation efforts that lack a stronger emphasis on sustainable management. Maintaining the fundamental tenets of equitable and sustainable fisheries management in nations endowed with oceans is paramount. State and government policies toward society and distributive equity are inextricably linked in managing fisheries resources; local governments may be entrusted with autonomous design and assistance responsibilities for these policies. As a result, a revised vision for constructing a sustainable, equitable, and ambitious blue economy is proposed. Promoting resource-based economic development in the marine and fisheries industrial sector while preserving coastal environments and marine resources through the blue economy concept is possible. This vision is founded upon the following five governance principles: inclusive and equitable processes, climate stability, sustainable consumption and production, circular processes, and the promotion of healthy ecosystems.
特别是在发展中国家,水产养殖和渔业对全球人口的营养和粮食安全至关重要。然而,尽管渔业资源具有巨大的社会和经济潜力,但也容易被过度开发,并对环境造成伤害。本研究评估了支持蓝色经济政策对加强可持续海洋政策的意义。本研究采用了规范性法律研究的方法。研究结果表明,海洋承载能力不断降低所体现的生态平衡恶化,可归因于保护工作缺乏对可持续管理的重视。在拥有海洋的国家,保持公平和可持续渔业管理的基本原则至关重要。国家和政府对社会和分配公平的政策与渔业资源管理密不可分;地方政府可能被赋予自主设计和协助这些政策的责任。因此,我们提出了构建可持续、公平和雄心勃勃的蓝色经济的新愿景。在通过蓝色经济理念保护沿海环境和海洋资源的同时,促进海洋和渔业产业领域以资源为基础的经济发展是可能的。这一愿景建立在以下五项治理原则的基础上:包容性和公平进程、气候稳定、可持续消费和生产、循环进程以及促进健康的生态系统。
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引用次数: 0
The Implementing a Carbon Tax as a Means of Increasing Investment Value in Indonesia 在印度尼西亚实施碳税作为增加投资价值的手段
Pub Date : 2023-06-08 DOI: 10.53955/jsderi.v1i2.6
Al Fadilla Yoga Brata, Rakotoarisoa Maminiaina Heritiana Sedera
The impact of a carbon tax in Indonesia, where it could lessen environmental changes, generate income economically, and raise the value of investments in renewable energy, is described and examined in this study. Doctrinal legal research is the research methodology used. To reach logical conclusions about legal issues, doctrine research is used. Research work can be made more qualified by using legal research. Carbon emissions in Indonesia have been significantly reduced by 13.917% due to the urgency of implementing a carbon tax, and worldwide carbon emissions have decreased by 14.292%. Investments in a mix of renewable energy sources gain value. The implementation of a carbon tax may need help. The political system and the administration of governmental institutions are barriers to implementing the carbon tax—the impact of the economy and business on public disapproval. The government sets revenue management by its objectives, the carbon tax policy is associated with an energy sustainability policy, and the coalition is tightened as part of the strategy to address these issues.
碳税在印度尼西亚的影响,它可以减少环境变化,产生经济收入,并提高可再生能源投资的价值,在本研究中进行了描述和检查。理论法学研究是指所使用的研究方法。为了对法律问题得出合乎逻辑的结论,需要运用理论研究。利用法律研究可以使研究工作更有资格。由于实施碳税的紧迫性,印度尼西亚的碳排放量大幅减少了13.917%,全球碳排放量减少了14.292%。对可再生能源组合的投资获得了价值。碳税的实施可能需要帮助。政治体制和政府机构的管理是实施碳税的障碍——经济和商业对公众反对的影响。政府根据其目标设定收入管理,碳税政策与能源可持续性政策相关联,作为解决这些问题的战略的一部分,联盟被收紧。
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引用次数: 1
The Authority of Oil and Gas Special Task Force as a Company Holder and Implementers of Upstream Oil and Gas Bussiness Activity: a Juridical ViewPoint 石油和天然气特别工作组作为上游石油和天然气业务活动的公司持有人和实施者的权威:一个法律观点
Pub Date : 2023-06-07 DOI: 10.53955/jsderi.v1i1.5
Fanisa Luthfia, Triani Triani
In 2001, Law No. 22 of 2001 concerning Oil and Gas was enacted, which aimed to regulate Pertamina's authority in the oil and gas sector, as well as grant rights and authority to other domestic and foreign oil companies. Consequently, this limited Pertamina's ability to explore and exploit new oil fields. This article adopts a normative juridical research method, which seeks to address existing legal issues through this approach. The research method includes the Case Approach, Statute Approach, and Conceptual Approach, which will be utilized by the author. Through this approach, the compatibility between legal provisions and their implementation will be examined. The findings indicate that, according to statutory regulations, the government agency responsible for upstream oil and gas activities in Indonesia was initially the Executive Agency for Upstream Oil and Gas Business Activities (BP Migas), which was later replaced by the Special Task Force (SKK) for Oil and Gas. The Constitutional Court dissolved BP Migas based on the decision that BP Migas solely controlled and supervised oil and gas management, without engaging in direct management activities. This led to a relationship model between BP Migas, as a representative of the state, and business entities, which contradicted the constitutional principle of state control over oil and gas natural resources.
2001年,颁布了关于石油和天然气的第22号法律,旨在规范Pertamina在石油和天然气领域的权力,并授予其他国内外石油公司权利和权力。因此,这限制了Pertamina勘探和开发新油田的能力。本文采用规范的法律研究方法,试图通过这一方法来解决现有的法律问题。本文的研究方法包括案例法、法规法和概念法,笔者将采用这三种方法。通过这种方法,将审查法律规定与其执行之间的兼容性。调查结果表明,根据法定规定,负责印尼上游油气活动的政府机构最初是上游油气业务活动执行机构(BP Migas),后来被油气特别工作组(SKK)取代。宪法法院决定解散BP Migas,理由是BP Migas完全控制和监督石油和天然气的管理,而不参与直接的管理活动。这导致了作为国家代表的BP Migas与商业实体之间的关系模式,这与国家控制石油和天然气自然资源的宪法原则相矛盾。
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引用次数: 0
Executing Upstream Oil and Natural Gas Business Activities: Legal Status and Authority of the Oil and Gas Special Working Unit (SKK) 执行上游石油和天然气业务活动:石油和天然气特别工作组(SKK)的法律地位和权限
Pub Date : 2023-06-07 DOI: 10.53955/jsderi.v1i1.2
Armalia Berlinda Irawan, Divka Aulia Esa Riawan
The Oil and Gas Special Task Force (SKK Oil) is a government agency responsible for controlling and supervising upstream oil and gas businesses. This study aims to examine the legal position of SKK Oil as the executor of national upstream oil and gas business activities and its role in promoting national energy security. The research utilizes an empirical juridical legal research method with qualitative research specifications, providing a focused and in-depth analysis of the subject matter. Secondary data obtained from primary, secondary, and tertiary legal sources are used in this study. The findings reveal that the National Oil and Gas Management Policy has not fully aligned with the goal of achieving national energy security.
石油和天然气特别工作组(SKK Oil)是负责控制和监督上游石油和天然气业务的政府机构。本研究旨在考察SKK Oil作为国家上游油气业务活动执行者的法律地位及其在促进国家能源安全方面的作用。本研究采用实证司法法律研究方法和定性研究规范,对主题进行集中而深入的分析。本研究使用了从一级、二级和三级法律来源获得的二手数据。研究结果表明,国家石油和天然气管理政策与实现国家能源安全的目标并不完全一致。
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引用次数: 0
Securing State’s Asset: Legal Protection of Natural Resources of Oil and Gas 保护国有资产:油气自然资源的法律保护
Pub Date : 2023-06-07 DOI: 10.53955/jsderi.v1i1.3
Anisa Devi Friasmita, Farah Hafizha Nisa
The legal framework for oil and natural gas activities in Indonesia is established by Law Number 22 of 2001 concerning Oil and Natural Gas, which was officially published in the State Gazette in 2001. SKK Migas, which replaced BP Migas, is responsible for the management of upstream oil and gas activities based on Cooperation Contracts (KKS). The upstream activities are conducted through Cooperation Contracts (KKS) as specified in Article 6 of the Oil and Gas Law. According to Article 1, number 19 of the Oil and Gas Law, a Production Sharing Contract (PSC) refers to a cooperative arrangement that aims to maximize the benefits from exploration and exploitation activities for the state and ensure the welfare of the people.
2001年在《国家公报》上正式公布的2001年关于石油和天然气的第22号法律确立了印度尼西亚石油和天然气活动的法律框架。SKK Migas取代BP Migas,根据合作合同(KKS)负责上游油气活动的管理。上游活动通过《石油天然气法》第6条规定的合作合同(KKS)进行。根据《石油和天然气法》第1条第19款,生产分成合同(PSC)是指一种合作安排,旨在最大限度地为国家提供勘探和开采活动的利益,并确保人民的福利。
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引用次数: 1
Utilization of Petroleum and Natural Gas on the Sustainable Development of Indonesian Economy 石油天然气利用对印尼经济可持续发展的影响
Pub Date : 2023-06-07 DOI: 10.53955/jsderi.v1i1.1
Mutiara Maharani, Nabbiel Arbio Akbar
Throughout the history of national development, petroleum and natural gas have played a vital and strategic role, serving as essential energy sources for various economic activities. The petroleum and gas sector also contributes significantly to state revenue through the management of these resources. The author aims to discuss the appropriate utilization of petroleum and natural gas and its potential to enhance economic income in Indonesia. Petroleum and natural gas, as valuable resources, exist in liquid and solid forms within the earth's reservoirs. Indonesia possesses vast reserves of petroleum and gas, with numerous untapped fields remaining. Utilizing these resources effectively can lead to increased state revenue. Given their significance as essential commodities in the national economy, managing petroleum and natural gas is crucial for optimizing prosperity and welfare for the population.
纵观国家发展史,石油和天然气作为各种经济活动必不可少的能源,发挥着至关重要的战略作用。通过对这些资源的管理,石油和天然气部门也为国家收入做出了重大贡献。作者旨在讨论石油和天然气的适当利用及其在印度尼西亚提高经济收入的潜力。石油和天然气作为宝贵的资源,以液态和固态的形式存在于地球的储集层中。印度尼西亚拥有巨大的石油和天然气储量,还有许多未开发的油田。有效利用这些资源可以增加国家收入。石油和天然气是国民经济的基本商品,因此管理好石油和天然气对实现国民繁荣和福祉至关重要。
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引用次数: 2
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Journal of Sustainable Development and Regulatory Issues (JSDERI)
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