Proceeding International Conference Restructuring and Transforming Law

Not only Profit: How Strategic Management Works in Oil and Gas Industry (O&G) to Achieving Sustainability?

Mansurni Abadi — 2024-02-29

The importance of sustainable development goal (SDG) in the oil and gas (O&G) industry is undeniable, and it needs to be understood by businesses, firms, and the government to be fully developed and implemented. This study proposes the possible solutions in making growth towards sustainable energy production. A systematic review of literature was conducted to identify and synthesize the existing knowledge on the topic. This study examines the implementation of marketing performance measurement (MPM), green governance, and project development as part of strategic management. The findings indicate that the MPM, green governance, project development and strategic management will positively impact the achievement of the sustainable development goals, applicable to the O&G firms and political leaders. A cohort-specific prioritization of the tools is provided within strategic management growth in the industry.

Dynamics and Challenges of Implementing the Concepts of Green Economy and Blue Economy in Facing Climate Change in Indonesia

Enno Haya Gladya Naranta — 2024-02-29

Introduction: This research investigates the impact of climate change in Indonesia, particularly concerning the policy on the export of sea sand regulated by Government Regulation Number 26 of 2023. Utilizing a literature review and document analysis method, the study reveals the interconnection of international and national legal norms with climate change and its effects on vital sectors. Methodology: The research stands out for its interdisciplinary approach, exploring the implications of climate change on sectors such as agriculture, fisheries, and the consequences of natural disasters. Discussion: The analysis of the sea sand export policy highlights potential environmental damage and non-compliance with sustainable economic principles,becoming a primary focus in the global context of climate change. Conclusion: Concluding that a reevaluation of the sea sand export policy is needed from the perspective of climate change and environmental protection, the research offers legal recommendations to strengthen sustainability aspects.

Exploration of Climate Change on Mental Health in Indonesia: Systematic Analysis Review

Alfrisa Renuat — 2024-02-29

Currently, the world is facing a serious challenge in the form of climate change. Climate change gives rise to more devastating weather anomalies and natural disasters. The impact can be felt directly through physical and indirect damage felt by humans, one of which is mental health problems. Climate change also poses a threat to sustainable development in Indonesia. In the 2021 Climate Transparency report , it is reported that Indonesia's climate is in the " highly insufficient " category or so inadequate in reducing greenhouse gas emissions that it is estimated that by 2030-2050, climate change will cause additional deaths per year of ¼ million people due to malnutrition (lack of nutrition). ), malaria, heat wave stress. This literature review aims to review existing journals regarding the relationship between climate change and mental health, as well as what methods have been used to deal with it. The research method used is a systematic analysis review. The results we found were that there is still little Indonesian literature that discusses the impact of climate change on mental health and that climate change in Indonesia has the opportunity to impact individual mental health.

Comparative Law of Business Competition between Indonesia and Singapore

Rully Syahrul Mucharom — 2024-02-29

The significant phenomenon of economic globalization is related to the increasingly binding interdependence of relations between nations, especially pe. Of course, this must have legal regulations that regulate so that violations do not occur in the trade sector which could potentially give rise to violations in the business competition sector. This policy includes law enforcement, deregulation policies, foreign direct investment, and other policies related to business competition. Competition law is an important legal tool in encouraging healthy competition and protecting consumers. The theory used in analyzing this paper is comparative law and legal certainty. The conclusion obtained from his research is that Indonesia has Business Competition Law Number 5 of 1999 as the basis for regulating business competition. Singapore has a stronger legal framework in promoting fair competition and protecting consumers, namely the Competition Commission of Singapore (CCS). The countryhas an independent competition authority. For this reason, the author compares it with regulations prohibiting acts of unfair business competition.

The Importance of Self-Awareness regarding Forest Fire Triggerers

Shinta Rahmalia Saputri — 2024-02-29

Forest fires are events where forests or land burn which results in natural and environmental damage which can cause economic, flora and fauna, socio-cultural, political and climate change losses. This paper uses a qualitative method, namely a method that focuses on in-depth observation of the data and facts that occur. The main factor is the use of land for other purposes, for example; building factories, other plantations, opening roads, etc. But besides all that, there are side effects that arise as a result of forest fires that are set deliberately.

Law Enforcement against Perpetrators of the Crime of Smuggling Imported used Clothes according to Positive Law

Mahendra Akbar Rachmadhani — 2024-02-29

The action of a person to possess goods using clandestine methods that are contrary to statutory regulations is called smuggling. In Indonesia, the crime of smuggling imported used clothing often occurs. This incident occurred due to encouragement from the Indonesian people to have a high interest in foreign products at lower prices. From the act of smuggling imported second-hand clothes, they are able to reap greater profits, thus attracting the interest of individuals involved in smuggling activities. On this occasion, the author uses a normative juridical method based on the perspective of Indonesian positive law, also uses a qualitative descriptive type of research with data analysis techniques based on literature studies by reviewing books and linking literature related to the issues raised in this journal. The perpetrators of criminal cases involving smuggling of imported second-hand clothing cannot be taken lightly, the need for law enforcement for these criminal acts. Stricter supervision is carried out in areas where goods enter from abroad by the government, law enforcement officials and customs agencies. The crime of smuggling has an impact on reducing the country's income and growth, so strict law enforcement is needed against the perpetrators. Together with existing laws and regulations to protect against smuggling, we will then be able to implement these regulations optimally together with the government.

Sustainable Development Goals (SDGs) as Convergence in Inclusive Spatial Planning Policy

Giftian Fajri Rustyono — 2024-02-29

As a global agenda, Sustainable Development Goals (SDGs) serve as a guideline for all international countries in implementing development with accountability for the well-being of both humans and the environment. From this foundation, the reasons why Sustainable Development Goals are important lie in their integration of economic, social, and environmental dimensions in development. Therefore, when examining these goals and connecting them to spatial policies, harmony is generated. This research demonstrates that the convergence between SDGs and Spatial Planning Policies has a significant impact on sustainable development, considering that spatial planning itself aligns various aspects of development. This ensures that land and space utilization can be maximized and optimized efficiently without sacrificing much. By integrating SDGs into Spatial Planning Policies, a more inclusive spatial plan can be created.

A Review of Climate Change Finance Policy in Indonesia

Rafii Diaz Rasendriya — 2024-02-29

Climate change has caused negative impacts in various sectors, including the environment, health, and the economy. The government is trying to deal with these impacts with mitigation and adaptation efforts, such as reducing greenhouse gas emissions in a sustainable manner. However, to achieve the emission reduction target in accordance with the NDC, the Government of Indonesia needs a large source of funding. Although the budget from the state budget is still insufficient, the government needs to find additional funding sources, such as loans, grants, cooperation with business entities, donations from international organizations, issuing green bonds, and involving the private sector through CSR. In addition, the government will implement the Value of Carbon Economy (NEK) such as carbon trading, carbon levy, RBP, and other mechanisms, which are expected to support climate change mitigation and adaptation efforts. All of these are expected to help the government achieve the GHG emission reduction target in accordance with the NDC document.

Effectiveness of Implementing Sustainable Development in The Context of Natural Resource Management and Environmental Protection

Wildan Alfa Sina — 2024-02-29

Sustainable development is a development paradigm that places a balance between economic growth, environmental protection and social justice as the main foundation. This research aims to evaluate the effectiveness of implementing sustainable development in the context of natural resource management and environmental protection. The research methods used involve analysis of policy documentation, interviews with stakeholders, and field surveys. The research results show that the implementation of sustainable development has not been fully effective in achieving the goals of natural resource management and environmental protection. Even though there are policies that support the principles of sustainable development, there are still obstacles in their implementation, such as a lack of coordination between agencies, minimal community participation, and a shortage of human resources. The importance of building synergy between the government, private and community sectors is the key to increasing the effectiveness of implementing sustainable development. This research also recommends the need to strengthen the role of communities in decision making, implement environmentally friendly technology, and increase human resource capacity at the local level. By improving the coordination system and increasing active community participation, it is hoped that the implementation of sustainable development can be more effective in managing natural resources and protecting the environment, thereby realizing sustainable and balanced development for future generations.

Analysis of the Indonesian Government's Actions in Addressing Climate Change from a Legal Perspective

Hisyam Ramadhan — 2024-02-29

Introduction: Climate change has recently become a hot topic of discussion in international forums. As a manifestation of its contribution to addressing climate change and ensuring the fulfillment of its citizens' rights, the Indonesian government, despite ratifying various international agreements related to climate change and devising several strategies, faces a gap between policy commitments and the on-ground reality that indicates a lack of significant impact on climate change. Deforestation, coal usage, and forestry issues have emerged as primary focal points, highlighting the inadequacy of effectiveness in addressing climate change. This research aims to elucidate the extent of the government's commitment to tackling global climate change. The study employs a normative legal method, analyzing related regulations and legal norms through literature review. Secondary data used in this article were obtained through literature review and presented descriptively. Consequently, enhancing inter-agency coordination, strengthening regulations and oversight, and engaging in community education are crucial recommendations to improve the government's effectiveness in responding to the challenges of climate change in Indonesia.

Balancing Act: Examining the Efficacy of Environmental Protection Laws in Natural Resource Management

Fauzan Saputro — 2024-02-29

This abstract explores the intricate interplay between environmental protection laws and their effectiveness in the realm of natural resource management. Termed a "Balancing Act," the study scrutinizes the delicate equilibrium between regulatory frameworks and the practical conservation of natural resources. The investigation delves into the multifaceted nature of environmental protection laws, evaluating their design, implementation, and impact on sustainable resource utilization. By examining case studies and legal precedents, the research aims to elucidate the successes and challenges associated with these laws. It also considers the dynamic environmental landscape, acknowledging the need for adaptive legal mechanisms to address emerging issues. The efficacy of environmental protection laws in promoting conservation and mitigating environmental degradation is analyzed through a comprehensive lens. The study scrutinizes the enforcement mechanisms, regulatory compliance, and the role of stakeholders in achieving the intended conservation outcomes. Potential gaps and shortcomings in the existing legal frameworks are identified, and recommendations for improvement are proposed. In conclusion, "Balancing Act" contributes valuable insights into the ongoing discourse on environmental protection laws and their impact on natural resource management. By unraveling the complexities of this intricate relationship, the research seeks to inform policymakers, legal practitioners, and environmental advocates on optimizing regulatory frameworks for a sustainable and harmonious coexistence between human activities and the natural environment.

The Important Role of Government for Spatial Planning in A Sustainable Development Perspective

Himatul Aliyah — 2024-02-29

Law enforcement regarding spatial planning errors, namely the regeneration of the spatial planning atlas, is very important. The law enforcement process is the most common problem encountered when carrying out spatial planning, because too many spatial planning violations are allowed. The impact was that the spatial plan was changed because this violation was legalized. In realizing sustainable development goals in Indonesia, it is necessary to have a relationship between nature, a group of residents, and area managers in spatial planning in order to increase welfare in society. The problem taken in this study is how to implement spatial planning and achieve sustainable development. Based on Law No. 26 of 2007 concerning Spatial Planning, normative juridical techniques with descriptive analysis can conclude that there are inconsistencies in law enforcement regarding deviations in spatial planning, and the sanctions given are not commensurate with the mistakes committed.

Weather Changes and Impacts on Agriculture in Rural Areas: Mitigation and Adaptation Efforts

Rachma Putri Dwi Amalia — 2024-02-29

One of the biggest obstacles in rural farming is changes in weather. The impact of severe weather changes can include increasing temperatures, unpredictable rainfall, long dry seasons, and natural disasters that occur more frequently. This impact can be significant on agricultural productivity and prosperous farmers in rural areas. Therefore, there is a need for adaptation and mitigation efforts to overcome the impacts of weather changes. Adaptation can be achieved by improving farmers' skills in managing natural resources, using technology that is more environmentally friendly, and improving agricultural practices that are more sustainable for the future. Apart from that, mitigation can be done by implementing effective processing practices for agricultural waste.

Legal Protection of Songwriters whose Works are Used on Social Media without Permission Based on Copyright Law

Laila Alfida — 2024-02-29

Intellectual property rights are exclusive rights in the fields of technology, science or art and literature. Ownership of intellectual property is not a product, but the result of human thought and creativity, which is in the form of ideas or opinions. Copyright infringers can also be civilly sanctioned with damages for infringement. Damage lawsuit in the form of a request to hand over all or part of the income earned by the infringer from the use of the creation. Legal protection of copyright songs and music for infringement on the Internet, although it is clearly stated in the Copyright Act No. 28 Year 2014, the application of this law is still not effective. This is because people still do not know about copyright laws that protect the copyright of songs and music and what actions are prohibited by law. The same applies to song copyrights. Musicians are not required to register their songs with the National Intellectual Property Office just to protect song copyright because copyright does not arise from the fact of registration.

Islamic Inheritance Law Policies Viewed from The Perspective of Gender Justice according to Applicable Regulations in Indonesia

Salwa Billa Mirza Ridwan — 2024-02-29

As a country where the majority of the population is Muslim, it is possible that many members of the community use the Islamic legal system. But along with the times characterized by progress and technology, the principles of Islamic law continue to progress rapidly and always follow the changing times for the benefit of people in the world. Without distinguishing between men and women. In Indonesian legal literature, the word "inheritance" is often used. The word comes from Arabic but in practice it is more commonly called "Heritage". The verb form is Warastra Yasiru and the masdar word is Miras. There are three other masdar according to the science of sasaf, namely wirsan, wirasatan and irsan. While the word inheritance is a person who gets inheritance or heirloom. From the description of the discussion above, it can be concluded that Islamic Inheritance Law has accommodated the principle of gender justice law.

Aspects of Sharia Legal Maqashid Syariah and Qawaidul Fiqhiyyahin Property Finance in Sharia Housing Cases

Meliana Murti Prakastiwi — 2024-02-29

In meeting the need for housing, low-income people find it very difficult to own a house with cash. The development product was originally a conventional product, namely KPR, but in sharia banking the system used is profit sharing/margin so it is without usury. The focus of this paper discusses how maqashid sharia and qawaidul fiqhiyyah review sharia mortgages which are currently one of the favorite products in sharia banking. The author uses a normative juridical method, namely research law using secondary data sources. Normative, because this research will examine secondary data starting from a review of maqashid sharia and qawaidul fiqhiyyah in the field of sharia banking, especially sharia mortgages. Operationally, normative juridical research is carried out by library research facilities. The results of this research are that sharia mortgages are permitted because they are part of the implementation of sharia objectives or maqashid sharia in terms of protecting family and property. Likewise, it is also assessed that home ownership is a basic need for every human being, that with the existence of sharia mortgages it can provide benefits for Muslims in general, according to qawaidul fiqhiyyah contracts in sharia mortgages are permissible by referring to several fiqh rules.

The Role of Religion in Enforcement of Environmental Law in Indonesia

Muhammad Nur Fadilah Syahraya — 2024-02-29

The environment is something that is the main basis and foundation of life. If the residents in an ecology can maintain and preserve the ecology in that area, then peace will soon be achieved and balance will remain stable. So from this there is what is called human awareness as one of the owners of instruments which are quite important but have equal degrees. Many legal products are for the environment, but many also fail in them. The role of religion is very much needed in fostering a sense of human awareness of the environment so as to create a balanced and beautiful environment.

The Political Influence of Environmental Law in Indonesia

Muhammad Nur Fadilah Syahraya — 2024-02-29

Man is only dependent on nature, because it is nature that is powerful. Nature will do as man does to him. Therefore, man himself is the one who makes regulations about nature in the hope that it will be a limit to human behavior against nature. But the greed of man who can fight anything that prevents him from making this regulation is only limited to writing and sanctions only limited to formalities. Time and time again our eyes have proven that humans are indeed truly greedy. Allah should have created man as a caliph, not as a destroyer. God created this earth to meet human needs, not greed. This study will review a little about the increasingly narrow role of environmental law in Indonesia by providing juridical-normative exposure by looking directly at the data in the field.

Analysis of Legal Positivism Theory in Murder Cases: The Role of Evidence, The Objective-Empirical Relationship, and The Influence of Moral Values

Valiantnuja Washfaa Yunandeva — 2024-02-29

The purpose of this writing is to find out how to analyze murder cases based on the theory of legal positivism. Using qualitative research methods. The results and discussion show that the theory of legal positivism plays a central role in the analysis of murder cases by emphasizing objective and empirical aspects. In this context, evidence and facts have a crucial role in determining the guilt or innocence of the defendant. Law enforcement in murder cases is influenced by an approach based on empirical realities that can be measured and identified objectively. Moral and ethical aspects, although they may be relevant in social contexts, do not receive primary emphasis in legal analysis based on positivist theory. Instead, the assessment of criminal acts is more inclined towards facts, rather than considerations of moral values. Thus, legal positivism theory provides a strong foundation for the analysis of murder cases by prioritizing a more objective and empirical approach.

Criminal Case Handling in Indonesia: Challenges, Reforms, and Future Directions

Muhammad Jordan Figo Azhari — 2024-02-29

This article delves into the intricacies of criminal case handling in Indonesia, shedding light on the challenges it faces, recent reforms, and future prospects. The introduction provides an overview of the existing issues in the Indonesian criminal justice system. It discusses the significant backlog of cases, the overburdened judiciary, and the need for systemic improvements. The methods section outlines the research approach, incorporating data analysis, interviews with legal experts, and a review of relevant literature. What sets this article apart from previous research is its comprehensive examination of the multifaceted nature of criminal case handling in Indonesia, addressing not only the legal aspects but also the social and institutional dimensions. The results and discussion section presents key findings, including insights into the impact of recent reforms, challenges faced by law enforcement agencies, and the role of corruption in case processing. In conclusion, this article underscores the importance of ongoing reforms and offers recommendations to enhance the efficiency and fairness of the criminal justice system in Indonesia. It emphasizes the need for a holistic approach that addresses systemic issues and promotes transparency, accountability, and judicial independence.

The Government's Realization in Environmental Law Enforcement is Reviewed from The Indonesian State Administrative Law

Mariska Jasiaat — 2024-02-29

The environmental sector is affected by globalization. Indonesia is one of the countries affected by globalization, which results in pollution and degradation of local ecology. Therefore, the government enacted laws, especially Law Number 32 of 2009, which addresses and regulates issues related to environmental protection and management. The author uses a normative juridical analysis approach to determine government accountability and the implementation of Law No. 32 of 2009 through juridical review. The Central Government and Local Government have the responsibility to protect the environment, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Article 63 of Law Number 32 of 2009 stipulates the responsibilities and authorities of the Central Government and Regional Government. There are two different approaches to prevention: preventive measures and repressive efforts. Environmental law enforcement administratively seeks to avoid pollution and environmental damage, while at the same time seeking to punish those responsible for environmental pollution and damage.

Spatial based Land use Analysis in an Effort to Improve Environmental Quality in The Surakarta City Area

Layla Qodri Ani — 2024-02-29

This article discusses spatial-based land use analysis as a strategy to improve environmental quality in the Surakarta City Region. Surakarta City, like many cities in Indonesia, faces challenges in efficient and sustainable land management. This research aims to identify the potential for optimal land use in the context of urban spatial planning with a focus on environmental quality aspects. Spatial analysis and geographic modeling methods were used to evaluate existing land use and identify potential land conversions that could improve environmental quality. The results of this study include recommendations for land development strategies that can reduce negative impacts on the environment, such as uncontrolled urbanization, environmental degradation, and increased disaster risk. The article also highlights the importance of sustainable spatial planning in maintaining the city's ecosystem and ensuring that good environmental quality is maintained. The results of this study are expected to serve as a guide for authorities and decision makers in their efforts to improve environmental quality in Surakarta City Region and other similar cities in Indonesia.

Examining The Principle of Openness in The Implementation of The Law-Making Process in Indonesia (Legal Study of Perppu Number 2 of 2022)

Lady Tri Sonic — 2024-02-29

The Job Creation Law ultimately gave rise to a statement that it did not fulfill the principle of openness in the law formation process. The replacement regulation, namely "Perppu Number 2 of 2022 concerning Job Creation" also still does not apply the principle of openness even in the process of its formation and ratification. This is the basis for writing this research by discussing the implementation that should be carried out if it is connected to the principle of openness that exists in the process of forming and ratifying laws. This research uses a juridical-normative type with a statutory approach. The author uses primary and secondary legal materials originating from statutory regulations, doctrine, legal articles, and several previous studies that are relevant to the research topic. The conclusion that the author conveys is that it is important to place society at the top of the constitution where they have the right to know and take part in the process of making legal products.

Implementation of Business License Services before and after The Job Creation Law

Dwi Puji Lestari — 2024-02-29

Indonesia as a nation upholds the idea of a welfare state, in which the state is thought to be crucial in guaranteeing the well-being of each and every individual. Prioritizing licensing services is crucial because of their implementation's setup of legal indicators and simplicity. Business actor licensing is crucial to the operation of the company. The passage of Law Number 11 of 2020 concerning Job Creation seeks to lower the complexity of licensing, which has been identified as one of the primary barriers to investment, boost investment, expand employment possibilities, and improve workforce capacities. There are several different types of licensing, such as certification, quota determination, registration of recommendations, and permissions. This methodology for research makes use of. Cette méthode de recherche utilise la recherche en bibliothèque. The licensing mechanisms in Indonesia before and after the Job Creation Law were very different, so it is hoped that after the law passes, entrepreneurs in Indonesia and abroad will be more motivated to invest and do business.

Criminal Law Policy in Tackling Fake News Crime

Aulia Aninda Ektya Putri — 2024-02-29

Criminal acts of spreading false information or hoaxes have become a serious threat in the rapidly evolving digital information era. To combat this phenomenon, criminal law policy plays a central role. This journal discusses the role and importance of criminal law policy in addressing the crime of spreading false information. This research employs a non-doctrinal approach in the study of criminal law, meaning that it relies not only on legal provisions but also emphasizes the views of criminal law experts, both domestically and internationally. This approach aims to gain a clear understanding and a comprehensive overview of the issues examined in this research. The research findings indicate that criminal law policy plays a crucial role in addressing the crime of spreading false information. However, law enforcement against this crime in Indonesia still faces various challenges, such as difficulties in determining the boundaries between freedom of expression and the dissemination of false information, lengthy and complex legal processes, and the influence of corruption and nepotism within the legal system. Therefore, efforts are needed to enhance the resources of law enforcement agencies, combat corruption, improve transparency, and raise public awareness of the law.

Implementation of Criminal Law to Sexual Violence

Shinta Rahmalia Saputri — 2024-02-29

Sexual violence is a very serious crime and has adverse consequences for victims. From the results of data recorded in the National Commission on Violence against Women, there were 312,461 incidents of violence against women in Indonesia in 2022. Although sexual violence can happen to anyone, whether children, women, or men, children and women are the most vulnerable groups to sexual violence. The application of criminal law in dealing with sexual violence is a crucial step. Criminal law is able to provide a deterrent effect on perpetrators, protect victims, and restore their rights. The application of criminal law in handling sexual violence crimes in Indonesia is described in Law Number 12 of 2022 concerning Sexual Violence Crimes, a new law passed in 2022. This law presents several new, more progressive provisions in an effort to deal with sexual violence crimes.

Smart City Development Projections through Implementation of City Spatial Planning Policies in Building The City of Solo

Luky Tri Sasongko — 2024-02-29

Development is part of the realization of general welfare to organize national life. The development of smart cities in Indonesia has attracted attention since the beginning of the new order until now. Therefore, the Indonesian government remains committed to overcoming the complexities of housing development by developing progressive policies that prioritize inclusiveness, poverty and poverty. In Indonesia, urban development can be achieved through urban development policies implemented by the government. From a sustainable development perspective, smart cities also address impacts on the urban environment.

Analysis of Law Making No.48/2009 on Judicial Power using Jutidic, Sociological, and Philosophical Analysis

Rio Marshel Sahertian — 2024-02-29

Since its enactment, this law has been the subject of in-depth analysis to understand the impact and implications on the life of the nation and state. In this paper, we will describe the analysis of Law No.48/2009 In addition, the role and responsibility of the community in supporting the implementation of this Law is also the focus of analysis. Through philosophical analysis, we can assess the extent to which the Act is consistent with the basic values and principles of the rule of law. Juridical Analysis opens insight into legal aspects that need to be evaluated and improved. Sociological analysis provides an overview of how these regulations are accepted and implemented by society. In conclusion, an indepth analysis of Law No. From a juridical perspective, this law, in theory, has a positive impact by affirming judicial autonomy. In a philosophical view, the law reflects the basic principles of the rule of law, but an evaluation of its implementation shows that these values have not been fully reflected in the day-to-day practice of justice. The existence of conceptual problems in the substance of Law No. Controversies during the formation of this law created challenges in implementing the law, especially in the context of the election of Supreme Court justices.