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91 Law on Investment ABS-24

Law On Investment
Dr I Made Pria Dharsana, SH, M.Hum

Warmadewa University


Abstract

Law has a very close relationship with investment interests. In principle, investment law is a rule of law, both domestic investment and foreign investment. Investment law has a close relationship with the environment, agrarian, taxes and so on. And law enforcement is one of the main issues in investment, if one is violated, the investment permit is revoked by the authorized official. Even investors who violate laws and regulations in the field of environment or taxation can be punished or asked to pay compensation. The investment policy basically refers to the provisions of Article 33 of the 1945 Constitution.

Keywords: UUD 1945, Law, Investment, Law Enforcement, Environment, Agrarian Affairs, Taxes

Share Link | Plain Format | Corresponding Author (I MADE PRIA DHARSANA)


92 Law on Investment ABS-25

THE EFFECTIVENESS OF THE SUPERVISION FUNCION OF THE LEGISLATIVES COUNCIL OF BANGLI REGENCY ON INVESTMENT GROWTH TOWARDS GOOD GOVERNANCE IN BANGLI REGENCY
I Ketut Suastika, I Made Arjaya, Ni Made Jayasenastri

WARMADEWA UNIVERSITY


Abstract

Regional autonomy has provided a more open space for regions in managing their respective regional potentials in order to realize people^s welfare. Regional autonomy must be able to be implemented optimally by regional government administrators as executive institutions in the regions and also supported by the effectiveness of the performance of legislative institutions through the supervisory function. One of the supervisory functions is applied to activities related to regional potential management and investment. This research was conducted with the aim of analyzing the effectiveness of the oversight function of the Regional People^s Legislative Assembly on investment growth in order to realize good governance in Bangli Regency. This type of research is using normative juridical research with a descriptive quantitative approach based on empirical law, namely by examining the applicable laws and regulations. Collection techniques using observation, interviews and documentation studies. Data then analyzed with normative method.

Keywords: effectiveness, investment, good governance

Share Link | Plain Format | Corresponding Author (I KETUT SUASTIKA)


93 Law on Investment ABS-55

PEMBAHARUAN HUKUM PIDANA PENERAPAN SANKSI DOUBLE TRACK SYSTEM TERHADAP PELAKU PENDANAAN TERORISME GUNA MENCEGAH TERJADINYA INVESTASI ILEGAL
I Made Yogi Astawa, I Nyoman Gde Sugiartha, I Made Arjaya

Magister Ilmu Hukum Universitas Warmadewa


Abstract

Tujuan penulisan ini adalah untuk mengetahui bagaimana pelaku Tindak Pidana Pendanaan Terorisme dapat mempertanggungjawabkan perbuatannya melalui penjatuhan sanksi Double Track System sehingga dapat mencegah terjadinya investasi illegal yang bertujuan untuk melakukan pendanaan terhadap organisasi terorisme. jenis penelitian ini adalah penelitian hukum normatif, dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Berdasarkan analisis terhadap penelitian ini, penerapan Sanksi Double Track System dalam tindak pidana pendanaan terorisme yang merupakan Tindak Pidana Ekstra Ordinary Crime, untuk memberikan keadilan bagi pelaku dan korban sekaligus. dan tercapainya tujuan pemidanaan dengan membuat efek jera bagi pelaku melalui sanksi pidana dan memperbaiki pelaku melalui penjatuhan sanksi tindakan dengan menerapkan sanksi Double Track System yang berorientasi pada perbaikan psikologi, perbaikan mentalitas dan perbaikan pengetahuan pelaku tindak pidana pendanaan terorisme. Sehingga dapat mencegah masyarakat agar tidak terjerumus ikut dalam investasi illegal untuk mendanai organisasi teroris.

Keywords: Double Track System, investasi illegal

Share Link | Plain Format | Corresponding Author (I Made Yogi Astawa)


94 Law on Investment ABS-56

ACTUALIZATION OF KNOW YOUR CUSTOMER PRINCIPLES BY THE BANK IN PROVIDING CREDIT CARD (CREDIT CARD) AGAINST CUSTOMERS
I Made Aditya Mantara Putra

Faculty Of Law
Warmadewa University
Denpasar-Bali, Indonesia


Abstract

Problems often arise in banking transactions, especially in relation to credit. As you know, in the current era of globalization, most people no longer use cash, but electronic (cashless) transactions. The process in free transactions is limited to the value part, which reads only numbers. When it comes to withdrawing money, there are also other options in development that are certainly more practical, namely credit card payment. A credit card is a card containing the identity of the customer that can be used to pay electronically. However, the problem is that the customer^s savings are not enough to pay with a credit card. Based on this, the problem related to how banks apply the principle of knowing the customer when issuing credit cards to their customers and what are the legal consequences of the customer^s negligence can be formulated. The type of research is normative legal research, which uses a statute and conceptual approach. The results of the study show that the implementation of the principle of knowing your customer is very important, because the character of the customer is different and the customers have a strong character, ability to repay money, valuable guarantees, strong capital and good financial. conditions As a result of the legal consequences of customer default, namely termination and/or cancellation and/or credit card billing without notice, all cardholder debts become due and payable immediately and simultaneously.

Keywords: Transaksi, Perbankan, Nasabah, Bank, Prinsip Mengenal Nasabah

Share Link | Plain Format | Corresponding Author (I Made Aditya Mantara Putra Putra)


95 Law on Investment ABS-57

THE FUNCTION OF LEGAL THEORY IN FORMING REGIONAL REGULATIONS IN THE INVESTMENT SECTOR BASED ON ELECTRONIC TRANSACTIONS
Ni Made Jaya Senastri,Made Wiryani,Ni Komang Arini Styawati

Lecturer at the Faculty of Law, Warmadewa University


Abstract

The rise of investment fraud on the internet that is detrimental to the community and to the regions, marked by the number of cases of complaints to the OJK being handled by the Regional Investment Alert Task Force. Law Number 23 of 2014 stipulates that Investment is a mandatory government affair which is the authority of the Regions. Based on Article 236 paragraph (1) of Law No. 23 of 2014, the regions have the authority to form regional regulations. Indonesia has Law No.11 of 2008 concerning ITE. However, there are no regional regulations that regulate investment activities in ITE. Local governments need to establish Electronic Transaction-Based Investment Regulations, as a legal umbrella at the regional level. Formation of regional regulations requires relevant legal theory and legal principles. How does the function of Legal Theory and Principles of Efficiency and effectiveness in the Formation of Regional Regulations in the Field of Electronic Transaction-Based Investments become the focus of research? Method : Normative legal, statutory approach. Analysis and processing using Legislation Theory, Authority Theory, Legal Protection Theory, are presented in a descriptive-qualitative manner. Results research: The function of legal theory in the formation of regional regulations in the field of investment based on electronic transactions is as a foundation and basis for formulating content material, used in the planning, preparation, discussion stages, so that they comply with legal principles, so that the objectives of forming regional regulations are achieved philosophically, juridically, and sociological.The function of the principle of usability and usability is to become the basic thoughts that provide direction to regional regulation makers in formulating content material, so that the use of ITE continues to maintain the principle of prudence and benefit amid the rapid progress of electronic transactions and the freedom to choose technology in society.

Keywords: Investment,Regional Regulation,Legal Theory,Electronic Transactions

Share Link | Plain Format | Corresponding Author (Ni Made Jaya Senastri Senastri)


96 Law on Investment ABS-59

THE URGENCY OF CONSUMER LEGAL PROTECTION AGAINST BANK LOAN AGREEMENT BREACH BY HOME SALES DEVELOPERS
I Made Aditya Mantara Putra, Annisa, Anak Agung Ima Cahyaning Amelyeana P

Faculty Of Law
Warmadewa University


Abstract

Everyone must have a desire to have their own dormitory. Given the many desires of everyone to own a home, setting up a business for another person or group can help fulfill that desire. As financial intermediaries, banks are tasked with providing loans to those in need, especially in the area of home ownership. In practice, some problems have been identified in connection with the construction of housing that is not yet fully completed. Developer was left as default. Therefore, a sales contract (PPJB) is drawn up as a provisional contract. The formulation of the problem posed in this study is as follows : How do home sales work in the bank credit system, and what are the legal implications if a developer who buys and sells homes through a bank loan agreement goes bankrupt. The type of research is normative legal research, which uses a statute and conceptual approach. Research has shown that the procedure for obtaining credit in the bank credit system to facilitate transactions requires banks to apply the 5C principles, including character, capacity, capital, collateral and condition. It turns out to apply. The economic situation (economic conditions) and the form of consumer loss can be used to sue the developer in a general court for damages provided for in Article 19(3) of the Consumer Protection Act. A form of compensation for omission and tort in the form of costs, losses and interest under the provisions of Article 1246 of the Civil Code. The developer^s form of liability is to pay the money received plus interest and other costs.

Keywords: Perjanjian, kredit, wanprestasi

Share Link | Plain Format | Corresponding Author (I Made Aditya Mantara Putra Putra)


97 Law on Investment ABS-62

Tax Law
Ni Kadek Suarsiningsih, SH., Dr. I Made Arjaya, SH., MH.

Master of Law, Warmadewa University


Abstract

The enactment of the Omnibus Law is one of the government^s efforts to encourage the development of Small and Medium Enterprise (SME) with the aim of boosting the national economy. One of the new arrangements in the Omnibus Law is the establishment of a special limited liability company for (SME) known as sole proprietorship. An sole proprietorship according to the provisions of article 153 A paragraph (1) of the Omnibus Law is a company that meets the (SME) criteria and can be founded by one person. With this provision, an sole proprietorship is legally recognized as a new form of legal entity, but when it comes to the taxation aspect, the provisions regarding sole proprietorship are not regulated explicitly and specifically, giving rise to different interpretations among taxpayers. The existence of an sole proprietorship when it is associated with the category of tax subjects, there is a legal vacuum regarding the position of an sole proprietorship in the tax law.
The problems analyzed in this research are the legal standing of individual companies as tax subjects with the issuance of the Omnibus Law, and the legal implications of the unregulated provisions sole proprietorship in the law. The method used is normative legal research. The approach used in this research is Statute Approach, Conceptual Approach, Historical Approach and Comparative Approach.
The results of the research are that the legal standing of sole proprietorship as tax subjects with the issuance of the Omnibus Law is as a corporate tax subject, and the legal implications of the unregulated provisions for sole proprietorship in the Taxation Law with the issuance of the Omnibus Law creates a positive impact in the form of simplicity benefits, limited supervision and ease of handling potential fraud and tax evasion, as well negative impact in the form of as causing legal uncertainty, discrepancies in tax treatment, administrative difficulties, and weaknesses in tax control and enforcement, in overcoming this and to increase the effectiveness of the tax system as a whole a special law for regulation of sole proprietorship can be formed, counseling and education is carried out as well as continuous adjustments.

Keywords: Sole Proprietorship, Omnibus Law, Taxation

Share Link | Plain Format | Corresponding Author (Ni Kadek Suarsiningsih)


98 Law on Investment ABS-76

REFORM OF THE CRIMINAL LAW IMPLEMENTING THE DOUBLE TRACK SYSTEM SANCTIONS AGAINST TERRORISM FINANCING PERSONS TO PREVENT ILLEGAL INVESTMENTS
I Made Yogi Astawa, I Nyoman Gde Sugiartha, I Made Arjaya.

Master Of Law, Universitas Warmadewa


Abstract

The purpose of this writing is to find out how the perpetrators of Terrorism Funding Crimes can be held accountable for their actions through the imposition of Double Track System sanctions so as to prevent illegal investments that aim to finance terrorist organizations. This type of research is normative legal research, with a statutory approach, a conceptual approach, and a case approach. Based on the analysis of this research, the application of the Double Track System Sanctions in the crime of financing terrorism which is an Extra Ordinary Crime, is to provide justice for perpetrators and victims as well. and achieving the goal of punishment by creating a deterrent effect for perpetrators through criminal sanctions and improving perpetrators through imposing action sanctions by implementing Double Track System sanctions that are oriented towards improving psychology, mentality improvement and improving the knowledge of perpetrators of terrorist financing crimes. So that it can prevent the public from falling into participating in illegal investments to fund terrorist organizations.

Keywords: Law Reform, Criminal, Terrorism

Share Link | Plain Format | Corresponding Author (I MADE YOGI ASTAWA)


99 Law on Investment ABS-88

The Effectiveness of Regional Government Authority on Mining Business Permits Post Presidential Regulation Number 55 of 2022 Concerning Delegation of Authority in the Management of Mineral and Coal Mining
Melani Darman (a), Indah Rianty (b)

a.Law Faculty of Esa Unggul University
Jl. Arjuna Utara No.9, Duri Kepa, Kec. Kb. Jeruk, Kota Jakarta Barat, Daerah Khusus Ibukota Jakarta 11510

b.Law Faculty of Jayabaya University
Jl. Pulomas Selatan Kav. No.23, RT.4/RW.9, Kayu Putih, Kec. Pulo Gadung, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13210


Abstract

The mining business is a business that has the most layers of regulations. This is because in addition to the various types of mining, it is also because the mining processing process is so complex. Judging from the legal review, the mining regime has experienced very significant changes. At that time, the mining regime used a contract of work model between mining companies and the government, both local and central government. In practice, contracts of work provide opportunities for mining companies to control mining areas for a certain period of time. At this time the mining regime is the licensing regime. This was marked by the issuance of Law No. 4 of 2009 concerning Minerba. Based on the law, the relationship between mining companies and the government is no longer a partner relationship, but rather a government administration relationship. In the process of perfecting the legal system, in 2022, the government will again issue a regulation regarding the delegation of authority from the central government to regional governments with regard to the management of mineral and coal mining. This Government Regulation is considered very appropriate and effective. Mining of non-metallic minerals and coal involves many small-scale mining companies or small-scale mining companies. So it is hoped that permit arrangements will be adjusted to the needs of small-scale mining.

Keywords: delegation of authority, coal, local government

Share Link | Plain Format | Corresponding Author (Melani Darman Darman)


100 Law on Investment ABS-103

The Principle of Equal Treatment And Non-Discriminatory Country of Origin In The Regulation of Strengthening Competitiveness For MSMEs In The Maritime And Fishery Sector
Nurul Fajri Chikmawati

Faculty of Law, YARSI University


Abstract

This research raises the issue of applying the principle of equal treatment and non-discrimination between countries of origin in various laws and regulations drafted with the aim of increasing business competitiveness in the marine and fisheries sector in Indonesia. Law No. 25 of 2007 concerning Investment is considered to be very in favor of the interests of global trade when compared to efforts to empower and protect micro, small and medium enterprises (MSMEs). The principle of equal treatment and non-discriminatory country of origin is in line with the Most Favored-Nation principle in the World Trade Organization (WTO) regime which, if implemented in Indonesia, is feared to weaken the competitiveness of business actors, especially in the marine and fisheries sector which is dominated by MSMEs-scale business actors. The research method used is doctrinal legal research using secondary data from various primary and secondary legal materials. The results of the research confirms that normatively understanding and applying the principle of equal treatment and non-discrimation between countries of origin must be in the context of prioritizing national interests. Government Regulation No. 27 of 2021 concerning the Implementation of the Marine and Fisheries Sector has an important role in supporting the strengthening of competitiveness for MSME-scale business in the marine and fisheries sector.

Keywords: investment, non-discrimination, fisheries.

Share Link | Plain Format | Corresponding Author (Nurul Fajri Chikmawati)


101 Law on Investment ABS-125

Legal Problems of Digital Assets Through a Legislative Approach
Herman Fikri, Rizki Fitri Amalia

Sekolah Tinggi Ilmu Hukum Sumpah Pemuda


Abstract

Investment in the 5.0 era has developed, including the emergence of new investment instruments, namely cryptocurrency, NFT (Non-Fungible Token), and metaverse. This new investment instrument has begun to be in demand by world investors, including Indonesian investors. Behind the optimism for investment progress in the 5.0 era, there are legal problems that arise. Currently, Indonesian laws and regulations only regulate cryptocurrency market activities as commodity assets, while NFTs and the metaverse are not included in it. One of the problems that occurs is the existence of different thoughts or concepts betweentr the government and the public in interpreting the essence of the three digital assets. Therefore, this study aims to examine and assess the effectiveness of the application of laws and regulations in order to provide legal certainty for actors in digital asset investment activities and provide references to legislators regarding the substance in carrying out legislation on laws and regulations regarding digital asset investment. This study uses a qualitative research model with a juridical-normative approach, using primary and secondary sources to support this research. The result of this research is to find the concept of legislation that can regulate digital asset investment activities, in accordance with what is stated in the purpose of establishing the law. Next, find the problem of the effectiveness of existing regulations.

Keywords: Digital Asset Investment- Cryptocurrencies- NFTs (Non-Fungible Tokens)

Share Link | Plain Format | Corresponding Author (Herman Fikri)


102 Law on Investment ABS-129

The Constitutionality of Indonesian Mining Law Reform
Rosmini, Haris Retno Susmiyati, Rahmawati Al Hidayah, Zainuddin, Syifa Nur Aini

Universitas mulawarman, Universitas Muslim Indonesia, Ankara University


Abstract

Mining extraction in Indonesia has been carried out from the new order to the reformation, with the consequence that thousands of mining licenses have been issued, causing environmental crises and casualties. That is through the dynamics of licensing authority arrangements which still cause controversy. The method used is doctrinal legal research with a qualitative approach. The research focuses on the constitutionally of mining governance after the revision of the mineral and coal law and establishment of the Omnibus Law on Job Creation and the implications of these arrangements for society and environment. The result shows the Indonesian constitution emphasizes the state controls the mining resources intending to create the greatest prosperity for the people. The constitutional right of citizens to obtain a good and healthy environment is also guaranteed. However, the mining governance since the new order has only been orientated towards extracting natural resources, which leaves the constitutional mandate for welfare. Mining law reform has instead led to changes in the mining legal system that favor entrepreneurs through simplification of licensing, ease of investment, and ignoring good environmental standards. Mining law reform implies that mining extraction is increasing, worsening the environmental crisis and threatening the safety of citizens. Therefore, mining law is needed, which can restore the environment and ensure the safety of citizens.

Keywords: constitutional, reform, law, mining

Share Link | Plain Format | Corresponding Author (Syifa Nur Aini)


103 Law on Investment ABS-152

Bank^s Liability For Unrecorded Process Of Making A Time Deposit In System of Bank
Devia Anjasari

Faculty of Law, Universitas Warmadewa


Abstract

Banking is one of the fastest growing business and can support national economy so trust can be the most valuable thing in this business. Bank as a fundraiser, they provide various type of fund placement eg deposits. In this jurnal will discuss about time deposits. Time deposits placement is an example of contractual relationship between the Bank and the customer and evidenced by the issuance of time deposits bilyet who held by customers as depositors. Based on Financial Services Authority (OJK) regulations Number 10/POJK.03/2015 on the Issuance of Deposit Certificates by Banks in Article 9 section (1), that Banks are required to record the first ownership of time deposits in the form of bank draft. This process is a form of the bank^s responsibility in applying the principles of prudence and trust. In case Number 170/Pdt.G/2021/PN Mks, BNI customers filed a lawsuit against BNI Branch of Makasar for defaulting on the placement of time deposits. However, in this case, the panel of judges decided that the defendant was exempt from responsibility to fulfill the plaintiff^s demands.

Keywords: Time Deposits, Contractual Relationship, Legal Responsibility

Share Link | Plain Format | Corresponding Author (Devia Anjasari)


104 Law on Investment ABS-158

Implementasi Strategi Pembangunan Ekonomi Pariwisata Indonesia Melalui Undang-Undang Cipta Kerja
Gede Amatya Ananta, Ida Ayu Putu Santi Purnamawati

Universitas Warmadewa, Denpasar, Indonesia
*Corresponding author. Email: amatyaanantaa[at]gmail.com


Abstract

Pembangunan ekonomi pasca terjadinya pandemi Covid-19 telah menjadi prioritas utama pemerintah Indonesia. Untuk mencapai tujuan ini, pemerintah melakukan perubahan, penggantian, dan penyempurnaan beberapa undang-undang terkait investasi dan penanaman modal, serta menerapkan Undang-Undang Cipta Kerja sebagai strategi pembangunan ekonomi pariwisata Indonesia. Penelitian ini bertujuan untuk menganalisis implementasi Undang-Undang Cipta Kerja dalam memberikan kemudahan dan menarik minat investor untuk berinvestasi di Indonesia, sebagai langkah dalam strategi pembangunan ekonomi pariwisata Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan, konsep, dan pendekatan filosofis. Penelitian ini menggunakan bahan hukum primer dan sekunder, serta bahan hukum pendukung. Hasil penelitian menunjukkan bahwa Undang-Undang Cipta Kerja dan Penanaman Modal memberikan kemudahan dan penyederhanaan proses perizinan usaha bagi investor yang ingin berinvestasi di Indonesia, dengan harapan bahwa tindakan ini akan berdampak positif pada pembangunan ekonomi pariwisata Indonesia.

Keywords: Pembangunan Ekonomi, Pariwisata, Investasi, Cipta Kerja.

Share Link | Plain Format | Corresponding Author (Gede Amatya Ananta)


105 Law on Investment ABS-165

LAW ENFORCEMENT AGAINST VILLA LICENSING IN BADUNG REGENCY
Ni Komang Monica Christin Dani,

Doctoral Program Students of Warmadewa University


Abstract

This study examines law enforcement related to existing permits in Badung district, that permits are an administrative legal tool used by the government to control its citizens. The existence of licensing activities carried out by the government is essentially to create conditions that development activities are in accordance with their designation, in addition to being more efficient and successful in the context of service to the community and development. If the existing problems are not immediately anticipated with fast and intensive control, it is feared that it will reduce the revenue received by the Badung Regency government and affect the activities to be carried out by the Badung Regency government. One of the supports for tourism is to build villas, and other supporting facilities. This research uses empirical methods, by examining the provisions of applicable laws and regulations and how they are applied in society. From the results of the study, it was found that in the establishment of tourism accommodation, especially villas, there are several permits that must be fulfilled by business actors, namely: Spatial Information, Online Single Submission, Environmental Permits in the form of Environmental Management Units-Environmental Monitoring Units, or Environmental impact analysis , Building Permits, Tourism Business Registration Certificates. Regarding the requirements and registration of permits in establishing villas, from the Investment Office and One-Stop Integrated Services. In law enforcement that has not been fully maximized and optimized, there is still not firm and consistent law enforcement officials in cracking down on unlicensed Villa buildings.

Keywords: Licensing, Control and law enforcement, business actors.

Share Link | Plain Format | Corresponding Author (Ni Komang Monica Christin Dani)


106 Law on Investment ABS-177

Legal Aspects in the Investment Opportunity Map for the Development of Soybean Cultivation in South Sulawesi Province, Indonesia
Sawitri Yuli Hartati S (a*), Merdiansa Paputungan (b), Iur Hesty Diah Lestari (b), Budi Astuti (b)

Faculty of Law, University of Muhammadiyah Jakarta
Jl. KH. Ahmad Dahlan, Cirendeu, Ciputat Timur, Jakarta 15419, Indonesia


Abstract

National soybean independence is a breakthrough, and the Government plans to expand local (national) soybean cultivation by using superior seeds to increase production, especially outside Java, through investment schemes. through Foreign Investment (PMA) and Domestic Investment (PMDN) to be willing to invest in the development of soybean cultivation. The recommended location for the development of investment in soybean commodities is Maros Regency, South Sulawesi Province of Indonesia as the main recommendation. It is necessary to formulate policies, follow-up proposals, strategies, and program recommendations, as well as special incentives for the relevant Ministries/Institutions to develop strategic priority investment activities in the field of natural resources for soybean commodity.

Keywords: Legal Aspects, Licensing, Investment Opportunities

Share Link | Plain Format | Corresponding Author (Sawitri Yuli Hartati)


107 Law on Land and Environment ABS-23

The Dynamics of Green Fatwa in Indonesia
Zaitun Abdullah, Rifkiyati Bachri, Endra Wijaya

Fakultas Hukum Universitas Pancasila


Abstract

Indonesia is one of the countries with the largest number of Muslims in the world. As a country with many adherents of Islam, Muslim religious organizations, such as the Indonesian Ulama Council, Nahdlatul Ulama, and Muhammadiyah have a significant role in social life in Indonesia. Likewise, of course, for the issue of environmental protection, it is interesting to examine the role of several Muslim religious organizations, especially in issuing fatwas that can contribute to efforts to protect the environment. This study will attempt to examine and trace the dynamics of the presence of ^green fatwa^ in Indonesia. This study will also discuss how the green fatwa contributes to efforts to protect and manage the environment in Indonesia.

Keywords: Environmental Protection- Fatwa- Muslim Religious Organizations

Share Link | Plain Format | Corresponding Author (Endra Wijaya)


108 Law on Land and Environment ABS-38

Legal and Institutional Reform for Underground Mapping Utilities: A Key Step Towards Effective Infrastructure Management
Jady Zaidi Hassim

Faculty of Law, Universiti Kebangsaan Malaysia, UKM Bangi, jady[at]ukm.edu.my


Abstract

Accurate mapping and management of underground utilities is critical for efficient and sustainable infrastructure development. However, challenges related to legal frameworks and institutional structures often hinder effective management of underground mapping utilities. This abstract examines the significance of legal and institutional reform in the context of underground mapping utilities and highlights the key steps required for effective infrastructure management. The study aims to emphasize the importance of precise mapping of underground utilities to prevent accidents, minimize service disruptions, and ensure efficient infrastructure maintenance and development. Additionally, it identifies existing legal and institutional challenges that hinder comprehensive and coordinated underground mapping efforts. The study adopts a qualitative approach by exploring the objectives of legal and institutional reform, emphasizing the need to establish clear legal frameworks and effective institutional structures. It analyzes existing laws and regulations and highlights the importance of legislative measures to define responsibilities, establish standards, and promote cooperation among relevant stakeholders. The study also emphasizes the significance of institutional reform, focusing on the establishment of dedicated bodies or agencies responsible for underground mapping utilities. It highlights the need for clear mandates, streamlined processes, and enhanced coordination among various stakeholders, including government entities, utility providers, and industry players. The findings underline the importance of stakeholder engagement and collaboration throughout the reform process. They stress the need for effective communication channels, cooperation agreements, and knowledge sharing to ensure the successful implementation of legal and institutional reforms. In conclusion, this study proposes the critical role of legal and institutional reform in advancing underground mapping utilities for effective infrastructure management. It emphasizes the need for comprehensive legal frameworks, dedicated institutional structures, and collaborative approaches among stakeholders. By undertaking these reforms, countries can optimize the management of underground utilities, enhance infrastructure safety, and support sustainable development.

Keywords: Mapping Act, Underground Utilities, Legal Framework, Institutional Reform, Challenges.

Share Link | Plain Format | Corresponding Author (Jady Zaidi Hassim)


109 Law on Land and Environment ABS-40

Legal Consequences of Takeover of Authority in Mineral and Coal Mining by the Ministry of Energy and Mineral Resources of the Republic of Indonesia
Yapiter Marpi (a*), Retno Sari Dewi (b), Maisa (c)

a) Faculty of Law, University of Jakarta
Jl. Pulomas Barat No.Raya, RW.10, Kayu Putih, Kec. Pulo Gadung, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta-Indonesia
*yapitermarpi[at]gmail.com
b) Faculty of Law, University of Tulungagung
Jl. Kimangunsarkoro Beji, Jl. Dusun Krajan, Dusun Krajan, Sobontoro, Kec. Boyolangu, Kabupaten Tulungagung, Jawa Timur-Indonesia
sarie.soegito[at]gmail.com
c) Faculty of Law, Universitas Muhammadiyah Palu
Jalan Rusdi Toana No.1, Talise, Kec. Mantikulore, Kota Palu, Sulawesi Tengah-Indonesia
maisa1[at]gmail.com


Abstract

The takeover of the authority of the Regency/City Regional Government over the governmental affairs of the mineral and coal mining sector, of course has implications for acquisition of funds from the State revenue sector. The enactment of Law Number 23 of 2014 concerning Regional Government has the consequence of the taking over of authority in the field of mineral and coal mining (minerba) by the Central Government from the district/city Regional Governments which previously had the authority to grant mining business licenses in their territories. Research problems include the dynamics of mineral and coal mining regulations in Indonesia, central and regional authority in the field of mineral and coal mining in the perspective of state control rights, as well as the implications of legislation taking over mineral and coal mining authority by the center from the district/city regions. This research is a normative legal research with a conceptual and statutory approach. Several implications exist in the disharmony between the 2009 Minerba Law and the 2014 Regional Government Law, the authority between the center and the regions, the financial relationship between the center and the regions, and the supervisory relationship between the center and the regions. Results It should be underlined that mineral and coal mining are non-renewable types of natural resources and their destructive nature is very high, so however, mining activities will be very detrimental to the environment and the people living in the mining area. In this case, there are (negative) externality criteria that need attention. By nullifying the role of district/city regional governments, it is tantamount to increasing the consequences of damage.

Keywords: Takeover of Authority, Mining Norms, Regional Regulation Norms

Share Link | Plain Format | Corresponding Author (Yapiter Marpi)


110 Law on Land and Environment ABS-50

UTILIZATION OF WATER RESOURCES IN REALIZING WATER SECURITY WITH HYDROPANDE TECHNOLOGY IN TIMUHUN VILLAGE, BANJARANGKAN DISTRICT, REGENCY KLUNGKUNG, BALI
Dr. I Ketut Kasta Arya Wijaya,SH.M.Hum.1 kastaaryawijaya@gmail.com 1Lecturer of Faculty of Law, Warmadewa University Gde Yudistia Nugraha Wijaya2 2Student of Faculty of Law, Warmadewa University

Warmadewa University


Abstract

The research will examine the use of water resources in Timuhun Village, Klungkung Regency with Hindropande technology, this technology relies on hydropower. People in Timuhun village still rely on water consumption from the source which is still below from the settlement about 700 meters above the community settlement. The problem examined in this study is How to use water resources with Hydropande technology in Timuhun Village, Banjarangkan District, Klungkung Regency in realizing water security in the surrounding community? The method used in research is empirical legal research by using field research, in examining the problems posed by researchers processing primary data and secondary data. The results of this study found that the use of water resources in Timuhun Village contributes related to water security, to provide The fulfillment of clean water and proper sanitation is needed in realizing the welfare of the community as a whole in Timuhun Village, Bali as one of the tourism destinations is very dependent on the fulfillment of water needs, both for daily needs, agriculture and industry as a support in tourism activities.

Keywords: Water resources, Water security, community welfare.

Share Link | Plain Format | Corresponding Author (I Ketut Kasta Arya Wijaya)


111 Law on Land and Environment ABS-82

RESPONSIBILITY OF THE REGIONAL GOVERNMENT OF SOUTH SULAWESI PROVINCE IN GRANTING ROCK MINING LICENSE AND CONTROLLING ILLEGAL MINING IN GOWA DISTRICT
Asmah, Andi Istiana Inayah DP, Yuliana

UNIVERSITAS SAWERIGADING MAKASSAR


Abstract

The main problem in this study concerns the responsibility of the Regional Government of South Sulawesi Province in Granting Mining Permits for Rock Quarry Materials and Controlling Illegal Mining in Gowa Regency. The research uses the empirical juridical law method, meaning that a study examines problems according to the facts that occur in the field, studies of legislation, sources from archives, official documents regarding mining permits. The next step is to classify according to the problem under study, then the data is compiled and analyzed using a descriptive method. The results of this study indicate that the responsibility of the Regional Government of South Sulawesi Province in granting mining permits for rock minerals has been stipulated in Law No. 23 of 2014 concerning Regional Government. Thus the provincial government took over the Mining Business Permit (IUP) from the hands of the district government through a one-stop integrated service. As for controlling illegal mining, which is currently rife in Gowa Regency, the government and police have made maximum efforts to eradicate this unlicensed mining by giving a warning of strict sanctions.

Keywords: Mining License, Illegal Mining

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112 Law on Land and Environment ABS-133

ENVIRONMENTAL PROTECTION AND MANAGEMENT POLICIES BASED ON DIGITAL TRANSFORMATION Just Try to Submit This Sample Abstract
Absori, Moh. Indra Bangsawan, Arief Budiono

Faculty of Law, Universitas Muhammadiyah Surakarta


Abstract

This study aims: 1). Describe the environmental protection and management policies in Indonesia- 2). Describe the digital transformation-based environmental protection and management policy. This research is a normative legal research that examines research objects with a statutory approach and a conceptual approach from a digital transformation perspective. As a country that has recognized the existence of a good environment as part of human rights, Indonesia is currently faced with massive environmental damage, so it requires a comprehensive approach, one of which is digital-based technology as an effort to overcome and prevent environmental damage. Existing policies need to support environmental sustainability by following existing technological developments. It is hoped that the orientation of environmental protection and management policies after the passage of the Job Creation Law is expected to be able to encourage the government by not only changing technical hardfiles to softfiles, but also encouraging the creation of a system that ensures environmental sustainability goes hand in hand with technological developments.

Keywords: Environmental Policy, Digital Transformation

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113 Law on Land and Environment ABS-161

RECONSTRUCTION OF MINERALS AND COAL MINING MANAGEMENT POLICIES IN INDONESIA
Setyo Utomo, Adhytia Nugraha, Sri Ayu Septinawati, Temmy Hastian, Siswadi

Faculty of Law Panca Bhakti University, Pontianak


Abstract

The Constitution of the Republic of Indonesia 1945 article 33 paragraph (3) has provided direction for the development of national natural resources, which are controlled by the state for the prosperity of the people. These two principles are an inseparable unit. Separating the two would actually be counterproductive to the concept of state control and could lead to a monopoly on natural resources by capital owners or foreign parties whose profits would only go abroad and be enjoyed by a handful of people and not by Indonesia^s society and development.
Regulations in the mining sector in Indonesia, in the Old Order era were regulated in Act Number 11 of 1967 concerning Basic Mining Provisions which had a centralized character and limited people^s access to minerals. In the post-reform era, there are demands for legal reform of Act Number 11 of 1967 with the issuance of Act Number 4 of 2009 concerning Mineral and Coal Mining, and finally Act Number 3 of 2020 concerning changes to Act Number 4 of 2009 which has a decentralized character and opens access to the public for minerals. The implementation of these new regulations is not always as expected and is even considered to be contrary to the Constitution of 1945. Therefore it is felt necessary to reconstruct regulations in the mining sector.

Keywords: Reconstruction, Regulation, Mining, Mineral, and Coal.

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114 Law on Land and Environment ABS-163

Moving Forward: Regulatory Revolution of Corporate Social Responsibility in the Energy and Mining Sector in West Kalimantan
Klara Dawi (a), Weni Sentia Marsalena (b), Aleksander Sebayang (c), Raymundus Loin (d), Agustinus Astono(e*)

Faculty of Law, Panca Bhakti University, Pontianak City, Indonesia
*agustinusastono[at]upb.ac.id


Abstract

In recent years, environmental concerns and social impacts related to the energy and mining industries have increasingly captured public attention. In West Kalimantan, communities and the government face significant challenges in achieving a balance between sustainable economic growth, environmental protection, and social well-being. Despite the existence of laws and regulations regarding Corporate Social Responsibility (CSR), there remain several implementation challenges. Some of the identified challenges include a lack of community understanding and awareness of their rights, insufficient coordination between local government and companies, and the need for more effective monitoring and law enforcement mechanisms. This study adopts a normative legal research approach to analyze legislation concerning CSR in the energy and mining sectors of West Kalimantan. The collected data encompasses laws, government regulations, policies, and court decisions relevant to CSR. The analysis aims to identify legal norms governing CSR, assess the consistency, clarity, and adequacy of existing regulations, and propose potential improvements or changes. The study^s findings indicate the existence of significant regulations pertaining to CSR in the energy and mining sectors of West Kalimantan. Laws, government regulations, and policies have addressed corporate responsibility in areas such as environmental management, community participation, and sustainable development. However, there are also weaknesses in the existing regulations, such as a lack of clarity regarding responsibilities and sanctions

Keywords: Corporate Social Responsibility, Environmental Concerns, Sustainable Economic Growth.

Share Link | Plain Format | Corresponding Author (Weni Sentia Marsalena)


115 Law on Land and Environment ABS-166

ENVIRONMENTAL JURISPRUDENCE AND ITS IMPLICATIONS FOR MINING PRACTICES IN NGABANG, WEST KALIMANTAN
Ya^ Rakha Muyassar, Purwanto, Rahmad Satria, Anita Yuliastini, M. Fahmi Hazdan

Panca Bhakti University


Abstract

The mining sector is one of the sectors that has the most massive impact on the surrounding environment, including the one in the Ngabang region, West Kalimantan. In the context of mining, it is not only a matter of economic and technical issues, but also other considerations, such as ethical and moral aspects emphasized by the principles of environmental jurisprudence. This research aims to investigate the implications of mining practices in the Ngabang area, West Kalimantan, based on the perspective of environmental jurisprudence in Islamic law. Firstly, it addresses the environmental impacts caused by mining practices, such as land degradation, water pollution, and ecosystem destruction. Second, it examines the approaches or principles of environmental jurisprudence, such as the principle of preservation (hifz al-mawadi al-tabiiyyah), the principle of preservation of customs and practices (hifz al-urf), and the principle of cooperation (al -ta^awun). The method used in this research is a juridical-normative approach, referring to primary and secondary data obtained in the last 10 years, to examine all aspects through the lens of environmental jurisprudence. The findings of this research show a correlation between mining practices in Ngabang, West Kalimantan, and the fulfillment of the aspects or principles of environmental jurisprudence. These efforts can help build awareness and moral responsibility between companies and the surrounding community, as well as the local government. Thus, it aims to achieve harmony between mining practices and environmental sustainability in line with the principles of preservation, preservation of customs and practices, and cooperation.

Keywords: Environmental Jurisprudence, Mining, Environment, Company, Local Government

Share Link | Plain Format | Corresponding Author (Ya Rakha Muyassar)


116 Law on Land and Environment ABS-168

EVALUATION OF THE APPLICATION OF MINING BUSINESS LICENSE (IUP) REGULATIONS - AFTER THE ENACTMENT OF LAW NUMBER 3 OF 2020
Resmaya Agnesia Mutiara Sirait, Samuel Marpaung, Ivan Wagner Bakara, Rini Setiawati, Yenny Aman Serah

Panca Bhakti University


Abstract

Mining business activities have a significant role in making a real contribution to increasing national income and regional development. Law Number 4 of 2009 regulates the participation of local governments in mining business licensing activities. However, the change in the Mining regulation to Law Number 3 of 2020, abolished the role of local governments in granting mining permits. This change creates limited access to community complaints about mining problems that occur in the local community. Purpose This study wants to evaluate the application of mining business license (IUP) regulations after the enactment of Mining Law Number 3 of 2020. This research is based on perceptive research with a descriptive design using a normative juridical approach. The results of this research study want to explain the evaluation of the effectiveness of the implementation of the current mining business license (IUP) regulations based on the latest Mining Law. Seeing that all mining authorities and authorities are now under the auspices of the central government authority, limiting the space for local communities to take reporting actions if there is a conflict caused by mining companies. The researcher recommends conducting further studies regarding the evaluation of mining business license regulations after the enactment of Law Number 3 of 2020.

Keywords: Evaluation, Mining Business License, Local Government, Central Government

Share Link | Plain Format | Corresponding Author (Resmaya Agnesia Mutiara Sirait)


117 Law on Licenses and Labor ABS-44

MATERIAL DELIC FOR MINING WITHOUT BUSINESS LICENSE IN MAMUJU REGENCY
1st Danil, 2nd Ali Rahman, 3rd Faradillah Paratama , 4th Jamil Reza, 5th Alqadri Nur

Faculty of Law, Sawerigading University, Makassar, Indonesia


Abstract

The government has regulated provisions regarding criminal liability for mining business actors who commit mining without a Mining Business Permit (IUP), as stipulated in Article 158 jo Article 35 paragraph (1) Law Number 3 of 2020 concerning amendments to the Law Number 4 of 2009 concerning Mineral and Coal Mining. This type of research in legal writing is normative legal research, with the approach used in this legal research being a statute approach. Material offenses in the mining business are regulated in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining contained in Articles 158, 159, 160, 161, 161A, 161B, 162, 164. Whereas in case Number 229/Pid.Sus/2021/PN. Mam The defendant who did mining without a permit was charged with material offenses Article 158 in conjunction with Article 35 paragraph (1). 2) The basis for the judge^s consideration in passing a decision on mining actors without a permit is in decision Number 229/Pid.Sus/2021/PN. Mam is obtained from the legal facts of the trial, which are based on evidence, statements of witnesses, and statements of Defendant and Matters mitigating the defendant.

Keywords: Criminal Acts- Mining- Permission

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118 Law on Licenses and Labor ABS-60

Legal Protection for Aesthetic Doctors in Therapeutic Agreements at the Beauty Clinic
Anggraeni Endah Kusumaningrum (a*), Janetty (b)

a) School of Law, 17 Agustus 1945 University Semarang
Jalan Pemuda No. 70, Semarang, Indonesia
*anggraeni[at]untag.ac.id
b) School of Law, 17 Agustus 1945 University Semarang
Jalan Pemuda No. 70, Semarang, Indonesia


Abstract

The development of health and medical sciences makes patients seek solutions for medical action not only for health but to add appearance and aesthetic value through beauty service facilities, namely beauty clinics. In a beauty clinic, there are doctors who provide medical aesthetic services known as aesthetic doctors and patients. Between the aesthetic doctor practitioner and the patient arises a relationship called a therapeutic agreement. Regarding medical aesthetics, in Indonesia there are no special arrangements regarding medical aesthetic services. The purpose of this research is to examine and analyze the legal protection for aesthetic doctors in therapeutic agreements at beauty clinics in Indonesia in order to determine legal certainty. The method used is a normative juridical method with secondary data taken through library research. The results of the study found that regulations regarding medical aesthetics refer to several regulations regarding related medical services and can be used as a legal basis for medical aesthetics because basically medical aesthetic services are also health care efforts. The regulations of medical aesthetic services are urgently needed for esthetic doctors to be able to practice according to competency and authority standards so that there is no bias between aesthetic general practitioners and dermatologists so they are entitled to legal protection.

Keywords: aesthetic doctor, beauty clinic, therapeutic agreement

Share Link | Plain Format | Corresponding Author (Janetty Janetty)


119 Law on Licenses and Labor ABS-64

Legal Protection for Doctors Against Medical Actions in Emergency Situations for Reasons of Informed Consent
Anggraeni Endah Kusumaningrum (a*), Cindy Rachmadewi Ariyanto (b)

a ) Faculty of Law University of 17 Agustus 1945 (UNTAG) Semarang, Indonesia Jalan Pawiyatan Luhur Bendan Dhuwur, Semarang, Central Java, Indonesia
*anggraeni[at]untagsmg.ac.id

b) Faculty of Law University of 17 Agustus 1945 (UNTAG) Semarang, Indonesia Jalan Pawiyatan Luhur Bendan Dhuwur, Semarang, Central Java, Indonesia


Abstract

In an emergency, doctors must act quickly, precisely and with quality to help patients in order to save their lives from death or disability. This study aims to analyze informed consent in an emergency and legal protection for doctors who perform medical procedures in emergencies and who do not provide medical information after the medical action has been carried out based on the Agreement and Health Law. From the results of this study, it was found that the patient must sign the informed consent given before the medical action is carried out. However, after the medical action is carried out, the doctor is required to provide information regarding the action taken on the patient based on Article 4 PERMENKES Number 290/MENKES/PER/III/2008 concerning Approval of Medical Treatment and Article 17 KODEKI. In addition, doctors get legal protection related to medical action in emergencies based on Law Number 29 of 2004 concerning Medical Practice as long as the doctor carries out his duties in accordance with applicable professional standard operating procedures. In this case, if the doctor performs a medical action in an emergency that is not in accordance with applicable professional standard operating procedures, such as not providing information on actions taken after the patient is conscious or a patient^s family arrives, the doctor is personally responsible, but if the doctor works at home If the hospital is based on the theory of central responsibility or centralized responsibility by the hospital, then the hospital is responsible

Keywords: Please Legal protection- Doctor- Medical treatment- Informed ConsentJust Try to Submit This Sample Abstract

Share Link | Plain Format | Corresponding Author (Cindy Rachmadewi Ariyanto)


120 Law on Licenses and Labor ABS-109

The Influence of Information Technology Development on implementation of Employment Relations
1st Masidin, 2nd Mustakim, 3rd Cucuk Endratno, 4th Anisa Puspasari

1st Universitas Nasional
2nd Universitas Nasional
3rd Universitas Nasional
4th Universitas Nasional


Abstract

The rapid development of information technology today has an influence on various areas of life, including in the field of employment, especially the implementation of labor relations. Law Number 13 of 2003 concerning Manpower and its amendments regulate employment relations are relationships between employers / employers and workers / laborers or work relations between superiors and subordinates, namely superiors as entrepreneurs and subordinates as recipients of work, while due to the development of technology, information and communication there has been an expansion of the implementation of employment relations between employers / employers and workers / workers into partnership relationships such as in online transportation GoJek, GoCar, GrabCar, Grabb-Bike. The problem in this study is how the influence of the development of information technology on the implementation of labor relations? And what is the legal impact that occurs on the implementation of labor relations due to the influence of information technology developments? The type of research used is normative juridical research with a statutory approach with primary, secondary and tertiary legal materials. The purpose of this study is to determine how the influence of the development of information technology on the implementation of employment relations and the legal impact that occurs from the implementation of employment relations due to the influence of information technology developments.

Keywords: Employment Relations, Influence, Information Technology

Share Link | Plain Format | Corresponding Author (Masidin Masidin)


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