Limitation of Environmental Organizations' Right to Sue Against Limited Production Forest Area
(Ekko Harjanto, Iwan Erar Joesoef, Irwan Triadi)
DOI : 10.62951/ijls.v2i3.661
- Volume: 2,
Issue: 3,
Sitasi : 0 20-Jun-2025
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| Last.13-Aug-2025
Abstrak:
Environmental law enforcement provides space for environmental organizations to file lawsuits in the interests of environmental conservation as regulated in Article 92 of Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, the right to sue environmental organizations is not always accepted by the courts, especially when it concerns certain areas such as Limited Production Forests. This study aims to analyze the material of environmental organizations' lawsuits based on Decree Number 16/PDT.G/LH/2023/PN.BKN. This study uses a normative juridical method and a case study approach with data sources in the form of court decision documents and related laws and regulations. The results of the study show that in this case, this Decision shows that it recognizes the active role of environmental organizations in supervising and suing permit applications for forest areas. In this case, the plaintiff organization argued that the defendant's actions in carrying out exploitation activities in the Limited Production Forest area had violated the law and harmed the ecological function of the forest, thus fulfilling the elements of an unlawful act as regulated in Article 1365 of the Civil Code. This finding resulted in an understanding of the analysis related to the material of the environmental organization's right to sue as an instrument of social control and supervision of forest area utilization policies.
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2025 |
Penegakan Pajak Penghasilan (PPh) terhadap Perusahaan Asing di Indonesia: Kajian Yuridis Normatif
(Irwan Triadi, Dimas Yanuarsyah, Evi Fitriani)
DOI : 10.55606/birokrasi.v3i2.1842
- Volume: 3,
Issue: 2,
Sitasi : 0 17-Apr-2025
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| Last.13-Aug-2025
Abstrak:
This study aims to analyze law enforcement in collecting Income Tax (PPh) against foreign companies that have the status of foreign taxpayers in Indonesia in a normative legal manner. In a national economic situation that is experiencing a slowdown, optimizing tax revenues is an important strategy for the government to improve fiscal stability and economic growth. Foreign companies, both those running businesses through Permanent Establishments (PE) or without PE, are subject to tax obligations on income earned in Indonesia. Law enforcement in tax collection is carried out through a preventive approach such as the establishment of the Directorate of International Taxation, the implementation of the Automatic Exchange of Information (AEoI), and intensive supervision of Tax Returns (SPT). In addition, a repressive approach in the form of tax audits and tax collection is strictly carried out against domestic business entities that act as tax collectors for foreign companies. This study concludes that the combination of preventive and repressive efforts carried out by the Directorate General of Taxes is effective in ensuring compliance with foreign taxpayers and increasing state revenues from the international taxation sector.
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2025 |
Hukum Internasional dalam Perlindungan Hak Asasi Manusia di Era Digital
(Irwan Triadi, Marsha Putri Cahyono)
DOI : 10.55606/birokrasi.v3i1.1829
- Volume: 3,
Issue: 1,
Sitasi : 0 27-Mar-2025
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| Last.13-Aug-2025
Abstrak:
The digital era has brought inevitable changes to human life, changing the way we communicate, interact, and access information. Digital space has become a new public space where individuals can express themselves, access information, and participate in public life. However, this digital space is also vulnerable to human rights violations, such as mass surveillance, the spread of hate speech, and information manipulation. The rapid development of digital technology has outstripped the ability of international law to regulate it, creating a significant legal gap where human rights in the digital space are not adequately protected. This challenge is further complicated by the cross-border nature of the internet and other digital technologies. This journal discusses international legal issues related to the protection of human rights in the digital era. This research uses a normative legal research method with a case study approach, analyzing international legal documents such as international treaties, UN resolutions, and international court jurisprudence. This journal also analyzes case studies related to human rights violations in the digital era. The results of the study indicate that a more comprehensive international legal framework, clear international standards, and effective law enforcement efforts are needed to protect human rights in the digital space. The proposed recommendations include developing a comprehensive legal framework, enhancing international cooperation, strengthening law enforcement efforts, increasing public awareness, and civil society participation.
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2025 |
Konflik Kedaulatan Laut Natuna Indonesia dengan China Selatan dalam Perspektif Hukum dan Pendekatan Kemiliteran di Indonesia
(Saskia Nursukma Andriliani, Irwan Triadi)
DOI : 10.62383/desentralisasi.v2i1.431
- Volume: 2,
Issue: 1,
Sitasi : 0 07-Jan-2025
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| Last.27-Jul-2025
Abstrak:
State sovereignty is a prerogative right that must be maintained as a priority, especially in Indonesia is archipelagic geography. This presents a significant challenge in maintaining sovereignty over the Natuna Islands and Lingga Islands in Riau Islands Province, Indonesia. This area has been the subject of international conflict, particularly concerning China's claim under the Nine-Dash Line, which the Chinese government justifies with historical arguments and past governmental decisions. However, this claim lacks a valid legal basis under international law, including the United Nations Convention on the Law of the Sea (UNCLOS) 1982, which defines international maritime boundaries. The conflict began to escalate in 2016 following the arrest of three Chinese fishermen involved in large-scale illegal fishing, an act supported by the Chinese government. In response, the Indonesian government took measures to assert its sovereignty by strengthening military security, engaging in diplomatic efforts with ASEAN member states, and conducting best practice studies to potentially bring the Natuna Sea sovereignty dispute before the International Court of Justice. Indonesia's sovereignty over the Natuna Sea is firmly supported by the Djuanda Declaration and the 1982 UNCLOS Agreement. This study aims to analyze the Natuna conflict using a Normative Law and Military approach as the primary strategies to resolve disputes over the Natuna Sea.
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2025 |
Analisa Legalitas Serangan Drone Asing Berdasarkan Hukum internasional
(Giska Fajari, Irwan Triadi)
DOI : 10.59581/jhsp-widyakarya.v3i1.4507
- Volume: 3,
Issue: 1,
Sitasi : 0 27-Dec-2024
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| Last.22-Jul-2025
Abstrak:
Drones are a new technology that can pose a threat to the sovereignty of many countries. Therefore, preventive efforts are necessary for a government to safeguard its interests. In this context, Indonesia needs to establish a legal framework from an international legal perspective, supported by national positive law, to mitigate the use of drones. The research, conducted through a normative-judicial analysis approach, concludes that a considerable number of legal instruments are aimed at protecting Indonesia from drone threats. However, Indonesia's military capability is not yet fully equipped to enforce the mandates of these laws. Consequently, the approach that can be taken is to prohibit drones altogether because they violate human rights and harm society.
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2024 |
Perbandingan Asas-Asas Hukum Pidana Umum dengan Hukum Pidana Militer pada Sistem Peradilan di Indonesia
(Saskia Nursukma, Yohana Sekar Pawening, Irwan Triadi)
DOI : 10.62383/presidensial.v1i4.360
- Volume: 1,
Issue: 4,
Sitasi : 0 03-Dec-2024
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| Last.02-Aug-2025
Abstrak:
This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.
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2024 |
Pemenuhan Hak Pelayanan Kesehatan Bagi Kelompok Usia Rentan di Indonesia Berdasarkan Asas Keadilan, Kepastian Hukum dan Kemanfaatan
(Jaury Douglas Pardomuan, Irwan Triadi)
DOI : 10.62383/pk.v1i4.205
- Volume: 1,
Issue: 4,
Sitasi : 0 17-Oct-2024
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| Last.02-Aug-2025
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Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.
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2024 |
Perlindungan Hukum Bagi Pasien Usia Lanjut di Bidang Kesehatan dalam Perspektif Hak Asasi Manusia
(Jaury Douglas Pardomuan, Irwan Triadi)
DOI : 10.62383/aliansi.v1i6.545
- Volume: 1,
Issue: 6,
Sitasi : 0 06-Oct-2024
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| Last.02-Aug-2025
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The percentage of elderly people (seniors) in Indonesia is expected to continue to increase due to various factors, such as declining birth rates and improved life expectancy. Under these circumstances, the integration of seniors in development is crucial. Elderly individuals often experience health-related issues, and ideally, the state should be present to provide adequate health services for them. However, based on the research conducted, there are still many shortcomings in the legal framework to ensure the health and well-being of the elderly. Moreover, the de facto dissolution of the National Commission for the Elderly has created a gap in the entity directly responsible for advocating the development of a healthcare system for seniors. This study was conducted using the normative juridical method, with the main finding that legal reform is necessary to ensure that the current legal product, namely Law No. 13 of 1998 on Elderly Welfare, can be updated and Law No. 17 of 2023 should be revised to ensure better health and welfare for the elderly.
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2024 |
Efektivitas Penegakan Sanksi Hukum Terhadap Pelanggaran Baku Mutu Udara Di Wilayah Industri
(Syabilal Ali, Adiatma Nugroho, Jimmi Dohar Pandapotan, Irwan Triadi)
DOI : 10.62383/jembatan.v1i3.527
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Jul-2024
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| Last.24-Jul-2025
Abstrak:
Indonesia's land is not doing well now, because there is a lot of pollution, especially air pollution, which is very worrying. It was proven that in Jakarta in 2021, for 3 (three) days, the sky in Jakarta was covered with fog, which turned out to be pollution. It was created by the people of Jakarta, starting from factory fumes, then motor vehicle fumes. Based on the example above, there are actually regulations that regulate the monitoring and/or control of fumes coming out of factories or motorized vehicles, but up to now there are still many people being overlooked regarding air pollution. The method used in this research is normative juridical or library research, with a statutory approach to issues. That protection for the public against air pollution in general already exists in Law Number 32 of 2009 concerning Environmental Protection and Management Jo. Government Regulation Number 41 of 1999 concerning Control of Air Pollution, but the implementation regarding law enforcement by Environmental Law Enforcers is not optimal, so there is a need for cooperation between the community and the government.
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2024 |
Aspek Hukum Rencana Pulau Sampah di Jakarta
(Satrio Wicaksono Adi, Irwan Triadi)
DOI : 10.62383/progres.v1i3.441
- Volume: 1,
Issue: 3,
Sitasi : 0 24-Jun-2024
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| Last.27-Jul-2025
Abstrak:
The waste problem is a problem that has never been resolved until now, especially in the Jakarta area. Every year this problem is unstoppable, giving rise to new problems from health problems, environmental problems, social problems and other problems. Of course, this problem needs the right solution so that waste management and processing according to the mandate of Law 18 of 2008 can run well. One solution offered by the Jakarta regional government is to relocate the waste processing site in Bantargebang to a new place which will later be built into a waste island. This type of research uses normative legal research, which is research carried out by examining the laws and regulations that apply or are applied to a particular legal problem. Normative research is often referred to as doctrinal research, namely research whose object of study is legal and regulatory documents and library materials. In normative research, law is seen as synonymous with written norms, which are created and promulgated by authorized institutions or officials and reviews law as a normative system that is autonomous, independent, closed and detached from real community life. From the solutions offered by the Jakarta regional government that can create "two blades", the first thing that can be seen is that the formation of a waste island is a solution step for handling waste that is currently occurring and also raises the question of how to move existing waste to the waste island. Therefore, appropriate regulations are needed if this plan is later realized. This research method is normative legal research, which is research carried out by examining the laws and regulations that apply or are applied to a particular legal problem.
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2024 |