Trunojoyo Law Review
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Published By University Of Trunojoyo Madura

2715-2081, 2686-1496

2021 ◽  
Vol 2 (2) ◽  
pp. 98-117
Author(s):  
Rista Veria Dewi ◽  
Djulaeka Djulaeka

This study was conducted to determine the existence of negligence on the quality standard of water that is flowed by PDAM Surya Sembada, as well as legal remedies that can be carried out by consumers who suffer losses from the clean water services they receive. The research method used is normative research. The research approach is was carried out using a legislative aprroarch, namely by reviewing the law in accordance with legal issues raised related to water quality standards and the responsibilities of PDAM Surya Sembada as the service provider of clean water service recipients in the Surya Sembada City PDAM Surabaya as a cunsumers.  The results showed that the service recipient felt disadvantaged, because there were several aspects of the quality standard of water that was flowed as  reflected in the provisions of Permenkes No. 492 of 2010 concerning Requirements for Drinking Water Quality that were not appropriate and the provision of compensation by clean water service providers to the recipients of services whose right have been impaired is also not carried out properly, so that consumers as service recipients can file claims related to compensation suffered through out of court (no litigation) and court (litigation) ways.


2021 ◽  
Vol 2 (2) ◽  
pp. 79-97
Author(s):  
Moh Ali ◽  
M Hendarto

This research aims to obtain clarity on the appropriate basis of the jury's consideration to set the different classifications of adopted children in the acquisition of the property of the heirs from their adoptive parents as well as the right of an heir dzawil arham in receiving a rest distribution of inheritance as contained in the Decree of the Religious Court Number 0002 / Pdt.P / 2013 / PA.KP based on the perspective of Islamic Law. This research uses a type of Normative Law research by using legislative and an analytical approach. The results show that the determination of classification is different for Applicant I and Petitioner II adopted children in the acquisition of property inherited by their parents as contained in the Determination of Religious Court Number: 0002 / Pdt.P / 2013 / Pa.Kp is not appropriate because both applicants are not included in 10 (ten) group of heirs dzawil arham which agreed upon by the four imams of the sect and not included in group of heirs that arranged in Article 174 paragraph (1) which used as a basis by the judges


2021 ◽  
Vol 2 (1) ◽  
pp. 1-11
Author(s):  
Mohammad Alvian Adi Nugroho ◽  
M. Miftahul Hikam

The title of this research is "South China Sea Claim Dispute Settlement between ASEAN and China" The purpose of this study is to find out the role of ASEAN in efforts to resolve claims in the South China Sea.  This research is a descriptive study - analysis that focuses on secondary data. In this study data collection was carried out using the library research method, namely by reviewing several references relating to the problem in this study, as well as interviews with various sources, which were held verbally and frequently asked by informants to get more in the explanation and information about the matter. matters relating to the problems discussed in this study, data obtained from the literature both orally and in writing. territorial conflicts that occur in the South China Sea are increasingly difficult to resolve because the attitude of the Chinese government is often inconsistent with efforts to resolve conflicts offered by ASEAN. ASEAN countries still have not reached an agreement on the Code of Ethics (COC) because of the different interests of each country. ASEAN is expected to face this conflict dynamics while maintaining peace and transforming potential conflicts into potential cooperation through a number of potential peace talks.


2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.


2020 ◽  
Vol 2 (2) ◽  
pp. 126-139
Author(s):  
Novan Mahendra Pratama

The Constitutional Court's decision does not necessarily lead to the restoration of constitutional rights. This will be interesting to be examined because the state, in this case represented by the Constitutional Court, can only recover the constitutional losses suffered by citizens if it issues a decision. However, there are also citizens who still feel that their losses have not been recovered by the issuance of this decision. Then how can the Constitutional Court recover such constitutional losses by still referring to the constitution and laws and regulations? This research method uses normative research methods. The results of this study indicate that the Constitutional Court decisions do not always lead to the restoration of the constitutional rights of the injured citizens. Then what are the other ways to recover the constitutional losses still experienced by citizens. This constitutional loss really needs to be restored because its existence is guaranteed in the constitution and all branches of state power are obliged to respect it by not committing violations even to the point of loss


2020 ◽  
Vol 2 (2) ◽  
pp. 118-125
Author(s):  
Indra Yulianingsih ◽  
M. Ridwan Yusuf Algasahri

The Oil and Gas Ministerial Regulation Number 37 of 2016 concerning Provisions for a 10% (ten percent) "Participating Interest" offer in the Oil and Gas Working Area has the aim of increasing the participation of district local governments through ownership of "participating interest". For this reason, this research is needed on the arrangement of "Participating Interest" in the management of Oil and Gas in Indonesia, constraints on implementing "Participating Interest" in the management of Oil and Gas in Sampang Regency and new policies to resolve problems regarding "Participating Interest".The research method used is Applied Legal Research, using statute, case approach, and a conceptual approach. The result of this research is that the implementation of the Regulation of the Minister of Energy and Mineral Resources regarding the distribution of the 10% profit sharing in Sampang Regency has not been implemented. Therefore, a review of the ESDM Ministerial Regulation must be conducted regarding the provision of PI through BUMD and the participation of the private sector


2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.


2020 ◽  
Vol 2 (1) ◽  
pp. 44-62
Author(s):  
Ginanjar Adi Setiawan ◽  
Uswatun Hasanah

This study aims to examine whether cigarette companies can release responsibility for the health losses of smokers by including warnings on the dangers of smoking on cigarette packages and analyze how responsibility can be imposed on cigarette companies for the health losses of smokers. This research is a normative juridical study with a statute approach. The primary and secondary legal materials obtained are systematized and synchronized through deductive logic, then analysis is carried out using the interpretive method to provide answers to the proposed legal problems. The results show that cigarette business actors can release responsibility for the health losses of consumers due to smoking if the health losses are as stated in the warning of the dangers of smoking on cigarette packages. However, cigarette companies that cause consumer health losses beyond what is stated in the warning of the dangers of smoking contained in cigarette packs, can be liable based on the principle of product responsibility with a variety of the presumption of always being responsible.


2020 ◽  
Vol 2 (1) ◽  
pp. 26-43
Author(s):  
Encik Muhammad Fauzan ◽  
Ariyanti Arifta

Children have constitutional rights as stipulated in the 1945 Indonesian Constitution. The implementation of children's rights requires the formation of institutions that protect children's rights in accordance with the 1945 Indonesian Constitution and how the existence of child protection institutions that have been in Indonesia today. The research aims to provide the basis for the establishment of child protection institutions and the arrangement of child protection institutions in Indonesia. This research method uses normative research with a statute approach. The results of this study indicate that the implementation of child protection requires special institutions. The existence of two child protection institutions, namely The Indonesian Children Protection Commission (ICPC) and a National Commission for Children Protection (NCCP), require institutional arrangements so that authority does not overlap.


2020 ◽  
Vol 2 (1) ◽  
pp. 12-25
Author(s):  
St. Ika Noerwulan Fraja

The local government is one of the parties responsible for the efforts to cure people with mental disorders. Healing efforts are carried out by health workers and must continue to respect the rights of people with mental disorders and provide good health service facilities. Besides having the right to receive treatment and care, they also have the right to receive rehabilitation, even if they do not have a family or a caregiver. The research problem in this study is about the authority of local government towards people with mental disorders. The purpose of this study was to analyze the authority of local governments towards people with mental disorders and the obstacles they face. This research is a legal research with primary, secondary, and tertiary legal materials that are collected using the literature study method and analyzed by the prescriptive method. The authority of the regional government to regulate it is intended to fulfill the rights of people with mental disorders in terms of health services and adequate facilities. even if the person with mental disorders does not have a family or a caregiver.


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