LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara

EFEKTIFITAS KEBIJAKAN ANTI-SLAPP DI INDONESIA UNTUK MENCEGAH KRIMINALISASI PERAN SERTA MASYARAKAT DALAM PERLINDUNGAN DAN PENGELOLAHAN LINGKUNGAN HIDUP YANG BAIK DAN SEHAT

2025-01-23T14:12:22+00:00

This study examines the effectiveness of anti-SLAPP policies in Indonesia in preventing the criminalization of community participation in protecting and managing a good and healthy environment. This study uses a normative legal method with a statutory, conceptual, and case approach. The main focus of the study is Article 66 of Law No. 32/2009 which is strengthened by the provisions of Law No. 6/2023 concerning Job Creation, which aims to protect the community and environmental human rights activists from criminalization. The results of the study show that although Article 66 of Law No. 32/2009 has the intention to protect the community, its implementation has not been fully effective. The lengthy legal process, high costs, and difficulties in proof hinder the effectiveness of this policy in preventing the SLAPP phenomenon. In addition, there is a lack of integration between law enforcement agencies and an unclear definition of obstructive acts. The government has a crucial role in formulating more comprehensive and proactive policies, ensuring stronger legal protection for community and environmental rights. Therefore, a more holistic policy is needed, which supports the protection of human rights and the environment, and is integrated with the existing legal system to optimize protection for activists and communities involved in the struggle for environmental rights.

EFEKTIFITAS KEBIJAKAN PEMBERIAN TUNJANGAN KINERJA TERHADAP PENINGKATAN DISIPLIN PEGAWAI DI LINGKUNGAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA (STUDI KASUS DI LAPAS NARKOTIKA KELAS IIA BANGLI)

2024-12-08T04:56:28+00:00

Class IIA Bangli Narcotics Penitentiary is a Technical Implementation Unit under the Ministry of Law and Human Rights of the Republic of Indonesia which is specifically designed to accommodate leukemia with drug conversion cases, in addition to functioning as a remote place, Class IIA Bangli Narcotics Penitentiary is also used as a Rehabilitation place for drug addicts. Therefore, agreeing to a very important thing, the government provides additional income called a performance allowance. The government hopes that with the existence of employee performance allowances, it can improve each person's self-discipline which will directly improve individual performance and the performance of the Class IIA Bangli Narcotics Penitentiary Technical Implementation Unit. This study aims to determine the Effectiveness of the Policy of Providing Performance Allowances on Improving Employee Discipline in the Ministry of Law and Human Rights (Case Study at Class IIA Bangli Narcotics Penitentiary). This study uses an empirical method with a factual approach or what is familiarly known as a factual approach in the field in the form of data collection such as laws and regulations, reports, Attendance and submission of performance permits and interviews. Data processing is carried out by looking at employee discipline that uses laws and regulations as a reference for employee behavior and using data in the form of absences, submission of performance allowances and data from interviews conducted with task and function holders in the personnel field to describe how effective the influence of the Performance Allowance Policy is on Improving Employee Discipline in the Ministry of Law and Human Rights. The results of the study show that the performance allowance policy has a positive impact on the quality of work, communication, and employee discipline. The quality of employee work is reflected in the low level of lateness and the achievement of the Corruption-Free Area (WBK) predicate in 2024. Communication between employees and superiors is going well, creating harmonious professional relationships and supporting smooth operations. In addition, the level of employee discipline is also very high, with an average lateness of only 0.35% per month.

RATIO LEGIS PENGATURAN PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (PPPK) MENGGANTIKAN KEBERADAAN PEGAWAI TIDAK TETAP DI LINGKUNGAN INSTANSI PEMERINTAH DALAM HUKUM KEPEGAWAIAN INDONESIA

2024-12-16T09:23:08+00:00

The existence of Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus is different from previous civil service laws. Therefore, it is very interesting and important to study further regarding what legal ratios regulate Government Employees with Work Agreements (PPPK) to replace the existence of non-permanent employees in the Indonesian civil service system in Law Number 20 of 2023 concerning State Civil Apparatus? and how to implement the protection of the rights, obligations and responsibilities of Government Employees with a Work Agreement (PPPK) within Government agencies within Indonesian civil service law. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that when the law came into force on October 31 2023, Law Number 5 of 2014 concerning State Civil Apparatus was revoked and declared invalid. What's new is what you need to know about the provisions of Law Number 20 of 2023: a) The 2023 ASN Law provides the same rights for civil servants and PPPK; b) there are no longer the terms Central Civil Servants and Regional Civil Servants; c) Certain ASN positions can be filled by TNI soldiers and members of the Republic of Indonesia Police; d) ASN Employee Rights; e) ASN employees can be dismissed if they do not perform; f) Honorary honorary appointments are not permitted; and g) Non-ASN employees or other names must have their arrangements completed no later than December 2024 and from the time this Law comes into force. The facts on the ground are that there is still a lot of discriminatory treatment for PPPK ASN.