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Abstract Topic: The Role of Law in Supporting Sustainable Cities

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Effectiveness of Gresik Regional Regulation Number 15 of 2013 concerning "Penyelenggaraan Ketentraman dan Ketertiban Umum" to Street Vendors control in Gresik Regency
Fransiska Dyah Ayu Puspitasari Suryanto

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Corresponding Author
Fransiska Dyah Ayu Puspitasari

Institutions
Doctoral Program of Human Resource Development Airlangga University

Abstract
The street vendor (PKL) control in Gresik Regency carried out by the Civil Service Police Unit (Satpol PP) is one part of Satpol PPs duties and functions in complaints involving the public tranquility. Regional Regulation Number 15 of 2013 concerning “Penyelenggaraan Ketentraman dan Ketertiban Umum” was compared with the previous regional regulation, namely Regional Regulation Number 25 of 2004. Both of those regulations have the same spirit, about how Government and Community activities are carried out without any differences and difficulties in any way, but from these two regulations also contain differences in the handling of street vendors. The new regulation in Regulation number 15 of 2013 obtain administrative penalty only to push the regulaition tresspassor and eliminated criminal penalty has regulated by the previous regulation number 25 of 2004. Implementating evaluation about the new regulation show the decrease effectivity, by devidence the increasing number of Street vendors in urban areas. Sanctions in new regulation that only consist of administrative penalties do not cause violators deterrent about the punishment so they repeat the violation time after time.

Keywords
Street Vendors, effectivness, regional regulation

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/QdLUyCpMxubV


Gender-Based Analysis on the Gender Equality Principle in the Indonesian Environmental Law
Dwi Rahayu Kristianti, S.H., MA.

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Corresponding Author
Dwi Rahayu Kristianti

Institutions
Faculty of Law,
Airlangga University

Abstract
Women have little or no access to voice their experiences in the environmental protection and management. This situation is due to the deeply rooted patriarchal culture and poverty which makes women suffer a lot. The Indonesian environmental law is considered gender neutral. However, the government and law enforcement officers do not have an adequate gender perspective to fully interpret the law. Meanwhile, women have actively participated in maintaining the environment. Thus, the gender neutrality in the law is now questioned within the environmental law framework. This question is significant for those who are concerned on the gender neutrality in law which aims to achieve substantive equality. In this paper, I would like first to consider the gender equality principle in the Indonesian law in general and specifically in the Indonesian environmental law. Then, I would like to show that there is still a weak law and lack of will from the government and law enforcement officers to implement gender mainstreaming into environmental law. Furthermore, experiences from other ASEAN countries will be examined to enrich the translation of gender equality in the Indonesian environmental law. I, then analyze ASEAN regional mechanisms with the aim of enhancing the gender perspective in the Indonesian environmental law. I conclude that the strong gender perspective is needed in interpreting the Indonesian environmental law in order to achieve substantive equality.

Keywords
Gender equality; Indonesian environmental law; Substantive equality

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/MQWKqzPBadDh


IMPLEMENTATION OF SATUAN POLISI PAMONG PRAJA FUNCTION IN GRESIK DISTRICT
Darmwan , Dyah Ayu Puspitasari, Fransiska Wijoyo, Suparto

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Corresponding Author
Darmawan Darmawan

Institutions
Magister of Science, Law and Development Post Graduated School Airlangga University

Abstract
In the implementation of the Regional Government, Civil Service Police Unit (later called Satpol PP) has a strategic role related to the implementation of the obligations of regional government. Generally, Satpol PP has three function are : 1) Implementation of Public Peace and Order; 2) Enforcement of Regional Regulations; and 3) Community Protection. On the basis of the implementation of their duties, the Satpol PP has a formative foundation to establish Law Number 23 of 2014 concerning Regional Government; Government Regulation Number 16 of 2018 concerning Satpol PP; Minister of Home Affairs Regulation Number 54 of 2011 concerning Satpol PP Operating Standards, as well as regional regulations related to implementation technical tasks in each field. The implementation of duties in enforcement of regional regulations area, Satpol PP carried out activities such as first to provided guidance to the community and legal entities that violated regional regulations; second they conducted non-judicial control ; third they did enforce the law regarding the judiciary and the last are to supervise violation. Enforcing local regulations done by Satpol PP in Gresik Regency is carried out through pre-emptive, preventive, persuasive and represive approaches to the community without selective objectives with the aim of achieving the Regent-s vision and mission and to increase the locally-generated revenue.

Keywords
Satpol PP; function; law enforcement

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/Lf4RB6gbCpet


Land Acquisition Regulation for Infrastructure Development in Indonesia: The Problem of Efficiency of its Performance
Dr. Iwan Erar Joesoef, SH., Sp.N., M.KN

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Corresponding Author
Iwan Erar Joesoef

Institutions
Fakultas Hukum, Universitas Pembangunan Nasional "Veteran" Jakarta.

Abstract
In case of land acquisition for public purposes like developing of infrastructures, the local government set up the committee for land acquisition (P2T) both for province level or district level. In its realization, such as toll road infrastructure development, in addition to setting up such P2T, the central government through ministry of public works and people housing development (PUPR) also setting up the land acquisition team (TPT) in order to assist P2T. The process of setting up such institution there are P2T and TPT, of course, the same process occur or take effect for others infrastructure development. Under the toll road regulation, the government had set up the regulatory body (regulator) that is to say toll road regulator (BPJT), but, however its authority for land acquisition is limited to assist the process of land acquisition in term of checking the availability of land acquisition fund resource from investors, and make sure its use. However, the purpose of setting up such regulatory body are, basically to avoid the monopoly activities, to protect the users against the monopoly behavior and to protect the investor against the misgovernment. Since the setting up such P2T and as well as TPT, the land acquisition for public purpose, in its performance, there are many constraint such as inefficiency and ineffectiveness in performing of land acquisition both upon the institution or the procedure, and also arising the risk of the government budget usage. In the act of development of toll road infrastructure in Indonesia, land acquisition for public purpose still be the main constraint, both in the matter of time frame of its performance or the matter of its cost, so that it still become as the investors obstacles. In this circumstances, the question arising that, do the institutions related to land acquisition activity for public purpose could run effective and efficiency, and how government regulate it so that giving the effective and efficiency of its performance. Refer to Chicago approach to law and economics, of which one criterion employed is pareto efficiency and public choice theory, this normative legal research will gives the alternative solution of land acquisition for public purpose which more effective and efficient under the regulator institution which set up as the single (general) regulator and apply to all jurisdiction (centralize).

Keywords
land acquisition, regulator, infrastructure, public purpose.

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/fkzJFRnaDGv7


Legal Certainty in Licensing of Integrated Business Electronically (Online Single Submission) in Indonesia
Dr. Lilik Pudjiastuti S.H., M.H. (a*), Hasbi Ariski S.H. (b), Desi Arianing Arrum (b)

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Corresponding Author
Lilik Pudjiastuti

Institutions
Faculty of Law Airlangga University

Abstract
This article aims to review the policy of ease of business license through Government Regulation Number 24 of 2018 about The Licensing Service of Integrated Business Electronically. Licensing of Integrated Business Electronically (Online Single Submission) basically intended to facilitate businessman to obtain legality. Before Online Single Submission was applied applicant had to comply the requirements and then they got their business license, at this time with the Online Single Submission has applied, the businessman needs to register on OSS website and get the business license from OSS Institution after that needs to fulfill the requirements. Regarding the failure of the businessman to fulfill the requirements, business activities cannot be carried out even though they already have a business license. Moreover, the business license which already owned can be canceled when the businessman does not fulfill the requirements within the specified time limit. Legal uncertainty arises over business licenses that have been issued by the government even though business licenses are a form of State Administrative Decision. Legitimate Expectation which is conducted by the government on the issuance of business licenses that have not yet been finalized has the potential to harm society (businessman). The ease of licensing is needed to encourage the improvement of the investment in Indonesia, yet it does not mean being careless and abandon the principle of permission as an instrument to control society.

Keywords
Legal Certainty; Online Single Submission; Legitimate Expectation, State Administration decisions and authorities.

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/ZpqAnm3EFrYw


Retrieval Dynamics of Valuable Objects over the Sinking Ship (BMKT) as Cultural Heritage in Indonesian Waters Region
Isyrofah Amaliyah Achmad, S.H., Dr. Lilik Pudjiastuti S.H., M.H.

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Corresponding Author
Isyrofah Amaliyah Achmad

Institutions
Faculty of Law, Airlangga University

Abstract
This article aims to analyze Retrieval dynamics of valuable objects over the sinking ship by the community, this is based on government regulation number 10 of 2009 concerning on Tourism. The potential of valuable objects over the sinking ship (BMKT) as cultural heritage are easily found in Indonesian waters region. Considering that Indonesias territorial waters are a strategic region that connects to Asia, Europe, and the Middle East. In fact, there are still many sinking objects and their contents are used by several people both economically and privately. This thing will have an impact on ownership rights that concerning to social functions and do not take an issue to laws and regulations. The government in the case of management, especially the use of cargo objects on sunken ships, there is still minimal in supervision so it is the governments responsibility to establish every sunken shipload is include as a cultural heritage. In the management of cultural heritage, the government and local governments have the authority to carry out preservation, utilization, and development, so that legal instruments are needed in the management of sinking objects which so far have been able to be taken by people for personal use without legality.

Keywords
Legal Instrument, Cultural Heritage, Licensing, Authority, Government-s responsibility.

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/V4zfxLbmqGNy


The Renewal of 2019 Indonesian Election Dispute Resolution
Adi Priyono (a*) and Lilik Pudjiastuti (b)

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Corresponding Author
Adi Priyono

Institutions
a) Post Graduate School - Universitas Airlangga Indonesia
*adi.priyono-2018[at]pasca.unair.ac.id

b) Post Graduate School - Universitas Airlangga Indonesia

Abstract
Democracy is a system of government from, by, and for the people. In Indonesia, democracy lies on the fourth sila of Pancasila (National Principle of Indonesia), Popularism is led by wisdom in representation. The people use their votes in election to choose their representatives and/or even their leader, such Mayor, Governor, and President. This could be called as people power. About two weeks before 2019 Indonesia-s Presidential Election, there was a discourse about people power if there is fraud in the 2019 Indonesian Election. This article discusses about The Renewal of 2019 Indonesian Election Dispute Resolution.

Keywords
People Power; Democracy; Election; Election Dispute Resolution

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/c7CMAtxbefTQ


The Urgency of Legal Arrangements Regarding Underwater Pipes in Indonesia
Dina Sunyowati (a*), Lina Hastuti (b), Franky Butar-Butar (c), A.Indah Camelia (d)

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Corresponding Author
Dina Sunyowati

Institutions
(a*), (b), (c), (d) Postgraduate School Universitas Airlangga; Faculty of Law, Universitas Airlangga, dina[at]fh.unair.ac.id

Abstract
Indonesia is one of the largest archipelagic countries in the world with approximately 17,546 islands. As a maritime state, the ship traffic in Indonesian waters is also very dense. In order to maintain shipping safety, the Indonesian Government has made sea lanes and sea signs and informed to Indonesian water users. Besides for shipping facilities, the Indonesian sea is also used for the placement of subsea pipelines or underwater infrastructure which is mainly used for oil and gas distribution facilities. Making Indonesia successful as the worlds maritime axis, the Government develops and prioritizes through several maritime programs under the Ministry Coordinating of Maritime Affairs. Moreover preparing the port and several other supporting infrastructures, arrangements are also urgently needed particularly related to pipelines in the sea. Specific policy for ensuring that pipes are anticipated for fully of the national and international standards so it is expected the shipping industry will contribute significantly to maritime development in Indonesia. This is a normative legal research and it is supported by empirical data and the comparative study. The expected outcome of this research can be constructive input in the decision law making which guarantees legal certainty and justice in the field of underwater pipeline management in Indonesia

Keywords
Maritime State, Shipping safety, Underwater Pipeline Policy, Legal Certainty

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/uPCnpf2Q9jcq


Traditional rice seeds storage facilities and options for safe storage: A study in some selected areas in rural Java district
Hans Edward

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Corresponding Author
Hans Hehakaya

Institutions
Post Graduate Program -Forensic Department Airlangga University Surabaya

Abstract
Abstract The study aimed at identifying the existing rice storage facilities, problems and prospects at farmer-s level in some selected ten area in rural java Indonesia. The farmer-s suggested policy options for traditional seeds safe storage of rice are also discussed. The selection of traditional seeds and villages were done purposively whereas the traditional storage system using cooperative storage system were selected randomly using stratified random sampling technique with arbitrary allocation.The farmers were classified as small, medium and large based their land ownership. Data on the average rice production, consumption, storage volume and costs of storage and losses of rice in different storage using 10 varirites structures/containers from selected 10 farmers of study areas were collected through pre-tested questionnaire. The farmers generally used traditional seeds such as Dolah, Luweng Motka, Jala, Gandul, Margono, Rahayu, Dalem,Jaran, Kasturi for storing rice. This system are selected compare with conventional storage seeds system using genetic seedsUsing traditional seeds give economical benefit for the farmers considering the capital cost, expected life and storage loss. Over 90% of the farmers- felt the need for training on safe storage and over 80% of the small and medium farmers were interested in getting government help through loans, grants, etc. About 90% of the farmers expressed their satisfaction on traditional storage system to store and protect their traditional seeds during the post harvesting time. Farmers opined to construct traditional storage structures at an easily accessible place within their village and used traditional seeds under cooperative storage systems. The proposed traditional seeds storage system, on implementation, could be managed by using integrative or overseen by a committee elected/selected by the cooperative society members.

Keywords
Traditional Rice storage facilities, Traditional seeds rice Storage loss, Cooperative storage, Economical benefit

Topic
The Role of Law in Supporting Sustainable Cities

Link: https://ifory.id/abstract/ru3TCMFZHGYD


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