Tadulako Law Review

GOOD ENVIRONMENTAL GOVERNANCE AT THE LOCAL LEVEL: AN EVALUATION STUDY OFLOCALGOVERNMENT PERFORMANCE IN COASTAL PROTECTION IN MAJENE

2025-09-09T06:30:47+07:00

This study assesses the local government's performance in safeguarding the Majene coastline through the lens of the Good Environmental Governance (GEG) framework. Utilizing qualitative methods, including in-depth interviews, Focus Group Discussions (FGDs), and observations across four coastal sub-districts (Tubo Sendana, Sendana, Pamboang, and Malunda), the findings reveal that GEG principles are not being implemented to their fullest potential. Community participation is inconsistent, while transparency and accountability are insufficient. Additionally, the effectiveness of environmental programs is low, and law enforcement remains limited. The results underscore the necessity of integrating participatory approaches and strengthening regulations to improve environmental governance at the local level.

BANKRUPTCY OF SRITEX LLC: RESPONSIBILITIES OF MANAGERS, NOTARIES, AND FULFILLMENT OF WORKERS’ RIGHTS

2025-08-07T11:51:45+07:00

The bankruptcy of PT Sri Rejeki Isman Tbk (PT Sritex), one of the largest textile manufacturers in Southeast Asia, has opened up a complex legal discourse related to the responsibilities of company management, the role of notaries in corporate transactions, and the protection of employee normative rights. This study aims to analyze the bankruptcy of PT Sritex from the perspective of corporate and employment law, focusing on three aspects: (1) the legal responsibility of directors for business decisions that cause company losses; (2) the involvement of the role of notaries in the bankruptcy of a company; and (3) the protection and fulfillment of workers' normative rights in the bankruptcy process. This study uses a normative legal method with a statutory and case approach. The results of the study indicate that directors can be held accountable if they are proven to be negligent or abuse their authority in carrying out managerial functions. Notaries also have a role in providing legal advice on the debtor's ability to carry out restructuring when bankruptcy threatens the condition of the debtor's company. Meanwhile, PT Sritex employees experience uncertainty in fulfilling normative rights even though they legally have a position as preferred creditors. Therefore, synergy between corporate law, legal profession (notary), and employment law is needed to create legal certainty and justice in corporate bankruptcy cases.

OBLIGATIONS OF ENTREPRENEURS IN SOURCE-BASED WASTE MANAGEMENT IN BALI PROVINCE

2025-04-02T19:55:34+07:00

This study investigates the legal ramifications of entrepreneurs' non-compliance with duties in source-based waste management in Bali Province. This study's issues are examined through normative research methodologies employing a doctrinal perspective. Primary and secondary legal materials were gathered through a literature review and analyzed descriptively and evaluatively. The study's findings indicate that Bali entrepreneurs must implement resource-based waste management as stipulated in Governor Regulation 47/2019, and ethically, they are entities engaged in commercial activities and generating profits. Legal ambiguity exists regarding the judicial repercussions of entrepreneurs' non-compliance with requirements in source-based waste management in Bali Province. Following the CSR principle, firms in Bali Province are mandated to implement source-based waste management as a manifestation of CSR in legal and ethical responsibility domains.

JURIDICAL ANALYSIS OF INTERNSHIP DIFFERENCES FROM THE PERSPECTIVE OF LAW NO. 6 OF 2023 CONCERNING EMPLOYMENT CLUSTER WORK CREATION AND LAW NO. 18 OF 2003 CONCERNING ADVOCATES

2024-12-28T12:26:56+07:00

This research analyses the differences in internship arrangements in Law Number 6 of 2023 on Job Creation of the Employment Cluster and Law Number 18 of 2003 on Advocates by using the perspective of Aristotle's theory of distributive justice. The background of this research is based on the significant changes in the regulation of internships after the enactment of the Job Creation Law, especially related to the rights and obligations of interns and internship employers. This research uses a normative legal research method with a statutory approach and a conceptual approach. The analysis is conducted through a literature study of primary, secondary, and tertiary legal materials. The results show that there are fundamental differences in the regulation of internships between the two laws, especially in the aspects of legal protection, social security, and compensation for interns. Based on Aristotle's theory of distributive justice, the Job Creation Law provides a fairer legal framework in the distribution of rights and obligations between apprentices and employers. This research recommends the need for harmonisation of implementing regulations and stricter supervision to ensure effective implementation.

INTEGRATION AND SIMPLIFICATION OF ADAT, RELIGIOUS, AND NATIONAL LAW: REALIZING A HARMONIOUS AND EFFECTIVE INDONESIAN LEGAL SYSTEM

2024-12-26T12:22:16+07:00

Indonesia's legal system is characterized by its pluralistic structure, integrating Adat Law, Religious Law, and National Law. This paper examines the harmonization of these systems to establish a cohesive legal framework that respects cultural diversity while ensuring national unity. The study highlights the coexistence and interaction between these legal traditions, addressing their complementary roles as well as conflicts arising from overlapping jurisdictions and differing principles. It explores mechanisms for legal integration, emphasizing the importance of constitutional recognition, inclusive regulations, and effective governance to reconcile conflicts. The findings suggest that strengthening legal pluralism through dialogue, legal education, and revitalization of local customs can enhance fairness and social harmony. Ultimately, this paper advocates for a dynamic legal framework that balances tradition, religion, and modern law to meet the evolving needs of Indonesian society.

THE IDEA OF INDEPENDENT JUDICIAL ETHICS COURTS IN INDONESIA

2024-12-06T02:46:25+07:00

Global interest in ethical practices in the state is increasing, fuelled by the ineffectiveness of the law in maintaining public trust. Therefore, fostering and controlling ideal behaviour for judges is considered better through a system of ethics, with law as a last resort. This concept is reinforced by the idea of constitutional ethics, which is equivalent to constitutional law. This research is conducted to examine more deeply the supervision and enforcement of judges' code of ethics in Indonesia. The normative juridical research method with statutory and conceptual approaches is used in this research. The results of the analysis show that its development leads to the stage of functional ethics, namely the codification and positivisation of ethics with the support of its enforcement institutional infrastructure. The idea of judicial ethics court strongly supports the institutional strengthening of ethics to build judges' behaviour with integrity. The institutional construction of the ethics court must be in accordance with the principles of the judiciary in general and structurally the same as the Supreme Court and Constitutional Court. Nevertheless, it does not rule out the possibility that the establishment of an ethics court does not have challenges that must also be considered.

REFLECTING ON STATE TYPOLOGIES: INDONESIA AND THE GLOBAL HYBRIDIZATION OF FEDERAL AND UNITARY GOVERNANCE MODELS IN HETEROGENEOUS CONTEXT

2024-12-11T16:57:30+07:00

Traditional models of unitary and federal governance have become less rigid in contemporary political practice. While unitary systems centralize power, federal systems distribute it among constituent states, these ideal types are often challenged by complex social, economic, and political realities. As a result, many countries have adopted hybrid models that blend elements of both systems to address diverse domestic needs. This study investigates the convergence of unitary and federal governance. It examines how societal differences influence the development of hybrid models and the factors that drive collaboration between unitary and federal elements. To do this, the study compares federal states (Malaysia, Nepal, and the United States) with unitary states (Spain, South Korea, and Vietnam). Indonesia, a highly diverse unitary state, serves as a key reference point for this analysis. Research findings indicate that heterogeneity significantly impacts the hybridization of federal and unitary systems of government. Although a state has the constitutional right to choose its governance structure based on its sovereignty, the practical implementation often necessitates gradual adaptation to domestic circumstances. States characterized by multifaceted diversity frequently encounter challenges in adopting a purely federal or unitary system.

MANAGEMENT OF CORRUPTION OFFENSES IN THE PROCUREMENT OF GOODS AND SERVICES IN ISLAND REGIONS

2025-10-18T14:47:20+07:00

The misuse or misappropriation of state or government finances (foundations, corporations, organizations, etc.) for one's own advantage or the benefit of others is known as corruption. To meet its needs, the government purchases goods and services from ministries, agencies, regional work units, and other organizations. According to Presidential Regulation No. 12 of 2021 concerning Amendments to Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods and Services (Presidential Regulation No. 12 of 2021), Government Procurement of Goods/Services (PBJP) is the process by which Ministries, Institutions, and Regional Apparatus purchase goods and services that are funded by the State Budget or Regional Budget. The process includes everything from determining needs to transferring work results. As an archipelagic territory, the province of Maluku has also been impacted by corruption, with nearly all regency or municipal officials and the business sector participating as offenders. The following components make up the model this study offers for dealing with illegal acts of corruption in the purchase of goods and services in archipelagic regions: The Criminal Procedure Code (KUHAP), which starts with the phases of investigation, examination, identification of suspects, and prosecution, is referred to in cases of corruption in the purchase of goods and services based on the archipelagic region. products or services. Guideline Number 1 of 2019 concerning Criminal Prosecution of Corruption Cases, Articles 2 and 3 concerning State Losses, and the handling of corruption cases involving the procurement of goods and services—where the irregularities in the procurement of goods within the scope of government can be measured by referring to Presidential Decree Number 18 of 2000, last amended by Number 80 of 2003 concerning Guidelines for Government Procurement of Goods/Services—are special criminal operational standards that serve as a guide for the Public Prosecutor.

DIVISION OF JOINT PROPERTY BASED ON CONTRIBUTION COHERENT WITH THE PRINCIPLES OF MARITAL LAW

2025-08-26T20:28:03+07:00

Community property is a sacred issue in divorce and is frequently contested in both civil and religious courts. This is because the lack of a prenuptial agreement leads to many joint property issues, making it difficult to divide marital or joint property. After all, there is no separation of authority over the husband's and wife's personal property. In the absence of a prenuptial agreement, the male and female widows will split the joint property equally (½). But according to some jurisprudence, the female widow receives two-thirds of the property, while the male widow receives one-third. Because marital wealth predominates, few people also support the allocation of property based on contributions. A ½ share for both parties is preferred by many, who also believe that the division of joint property is unfair because it is based on contributions made during the marriage. In actuality, the Civil Code, the Compilation of Islamic Law, and Law Number 1 of 1974 concerning marriage already regulate the partition of property. Understanding and analyzing the distribution of joint property based on contributions in accordance with marriage law principles is the author's goal in creating this scholarly paper. Normative legal research is the type of research that the author uses. While this research is consistent with a certain decision, the author's choice is one that has been established as jurisprudence, yet it goes against Indonesia's positive legislation, specifically HIR and KHI. Based on a number of comparable rulings, the research's findings paint a clear picture of legal certainty in the partition of joint property.

ESCALATING ROHINGYA REFUGEE WAVE IN INDONESIA: HANDLING PRACTICES AND IMPLICATIONS

2024-11-19T11:03:19+07:00

The issue of Rohingya refugees has re-emerged, owing to the escalation of the refugee wave in Indonesia, which has so far reached 1,478 people. They came and spread to many parts of Indonesia. Their arrival is for refuge, for shelter and for food. The increasing escalation of refugees in Indonesia must draw attention to matters relating to the handling of the refugee. Although the Indonesian government has not actually ratified the 1951 Refugees Convention and the 1967 Protocol, the refugees are still given temporary shelter as a form of assistance and uphold the principles of humanity and concern of the Government of Indonesia. This article will give an overview of the government's treatment of ethnic Rohinya refugees and the implications of the escalation of the refugee wave. The research method used in this study is a normative jurisprudential approach whose data acquisition is mostly using comprehensive library studies.