Revitalizing Criminal Liability Models in Banking Regulations: Towards Achieving Justice Ponadi ., Edy Lisdiyono, Bambang Joyo Supeno, and Afif Noor Wise Academia Research Solutions The current model of criminal liability for banking crimes does not provide certainty and justice. For this reason, legal reform is indispensable and can ensure justice in enforcing the law in the banking sector, ensuring that every offense receives appropriate punishment. The ultimate goal is to build a system that not only emphasizes sanctions but also prevention. Justness in banking regulation is not only about law enforcement but also about strengthening public confidence and maintaining financial sector stability. By integrating fairness as a key element, this article offers a view of how the banking sector can develop justness and sustainability for all parties involved.
REIMAGINING LEGAL AID INSTITUTION REGULATION TO ENHANCE LEGAL CERTAINTY Sinto Adi Prasetyorini, Edy Lisdiyono, Sri Mulyani, and Annisa Ghina Savira RGSA- Revista de Gestao Social e Ambiental Purpose: This research aims to examine the regulations governing the establishment of Legal Aid Institutions (LAIs/LAOs) in Indonesia, with a focus on achieving necessary legal clarity to ensure their effective functioning. Method: This research employs a prescriptive research method, involving the description of primary and secondary data findings related to the regulations governing LAIs/LAOs establishment in Indonesia. The data are processed and analyzed to derive insights into the current legal framework. Result and Discussion: The findings indicate that the existing regulations concerning the establishment of LAIs/LAOs in Indonesia lack clarity, particularly regarding the legal entity status utilized. While foundation status predominates, its alignment with Indonesian legal principles requires further consistency. Therefore, this research underscores the need for more transparent and comprehensive reformulation of these regulations. Implication of the Research: Reforming the regulations governing the establishment of LAIs/LAOs holds significant implications for improving their efficiency and effectiveness. Such reforms can enhance access to justice, protect human rights, and ensure the proper functioning of LAIs/LAOs, thereby contributing to greater legal certainty and benefiting Indonesians in need of legal aid. Originality/Value: This research contributes to the existing literature by providing insights into the regulatory framework surrounding the establishment of LAIs/LAOs in Indonesia. By highlighting the need for reform and recommending clearer regulations, this study offers practical guidance for policymakers and stakeholders involved in legal aid provision, ultimately advancing the efficacy of legal aid services in Indonesia.
THE RECONSTRUCTION OF RELIGIOUS COURT DECISION EXECUTION ON THE FULFILMENT OF CHILDREN’S RIGHTS POST-DIVORCE IN INDONESIA Ahmad Haris, Edy Lisdiyono, and Setiyowati RGSA- Revista de Gestao Social e Ambiental Purpose: The aim of this study is to examine the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia. Theoretical Framework: This research is based on the postulate that court decisions ideally aimed to guarantee justice and legal certainty for the parties, but in reality, not all judge’s decisions can be implemented as well. This can be seen in the implementation of religious court decisions in Indonesia regarding children's maintenance rights post-divorce. Design/Methodology/Approach: This research uses a juridical-normative method. The sources and techniques of data collection were obtained from documentation studies, literature, and interviews with informants. The data analysis technique uses a deductive approach to formulate a conclusion. Findings: The results of this research show that on the one hand, the regulation of the father's obligations towards child support post-divorce in the judge's decision at the Religious Courts refers more to the positive laws that implemented in Indonesia. On the other hand, positive law in Indonesia has not yet effective in regulating the execution of judges' decisions regarding the children's rights post-divorce because it is only voluntary and lacks coercive power. Research, Practical & Social Implications: As the implication of the research, family law in Indonesia needs to be reconstructed through conducting special regulations regarding the execution mechanism regarding the fulfillment of children's rights post-divorce to be more regulatory, binding, and coercive. Originality/Value: The value of the research originality became an explanatory method for the conceptual development of the reconstruction of Religious Court decision execution on the fulfilment of children’s rights post-divorce in Indonesia.
Regulatory Evolution: Addressing Challenges and Enhancing Legal Certainty in Indonesian Donation-Based Crowdfunding Services Sheha ., Edy Lisdiyono, Setiyowati ., and Afif Noor Wise Academia Research Solutions Donation-based crowdfunding (DBC) has grown in Indonesia, and to ensure sustainability and fairness in DBC services, there is a need for adequate regulation. One approach that can be taken to achieve this is through regulatory evolution. The transformation of regulation in Indonesia's DBC services reflects the ability to adapt to challenges that arise over time. This article discusses the regulatory developments that have been made in response to the dynamics and complexity of DBC services, as well as efforts to improve legal certainty in them. The centre of attention in this regulatory evolution is to respond to the various challenges faced by organizers and participants in the DBC ecosystem. With increased legal certainty, it is hoped that a strong foundation can be built for the growth of crowdfunding services in Indonesia for the welfare of society.
LEGAL AND SOCIO-ECONOMIC OUTLOOK OF WASTE BANK: ENVIRONMENTAL POLLUTION AND PUBLIC HEALTH ASSESSMENT IN SUSTAINABLE HOUSEHOLD WASTE MANAGEMENT PRACTICES Kusmayadi Kusmayadi, Edy Lisdiyono, and Sri Mulyani Virtus Interpress The purpose of this study is to investigate and establish a regulatory model for managing household waste with a public health approach. The research employs a statutory approach combined with a comparative methodology to analyze and explore the connections between law and other social institutions. Various laws and regulations are directly associated with waste management, including Law No. 32 of 2009 on Environmental Protection and Management and other similar legislation. The enforcement of these laws and regulations in waste management relates to three legal systems: structure, substance, and legal culture. The study’s results show that the enforcement of environmental law in waste management is a blend of legal structure, legal substance, and legal culture. It can also be studied from both preventive and repressive sides. The study highlights the importance of implementing sustainable waste management practices to reduce environmental pollution and minimize health risks to the public. Through legal intervention, sustainable waste management practices can become standardized and be effectively enforced, leading to cleaner and safer living environments. The study concludes that preventing and responding to waste management issues requires a comprehensive approach that includes legal measures, as the implementation of laws and regulations plays an essential role in ensuring responsible waste management practices and protecting people’s health.
Knowledge management to develop comprehensive networking of university-industry collaboration in technology and innovation performance Emiliana Sri Pudjiarti, Edy Lisdiyono, and Rini Werdiningsih Growing Science Universities are an integral part of the skills and innovation supply chain for businesses that are multidimensional, sustainable, quality, and enduring in the long term. In pursuing this role, universities are encouraged to establish a university-industry cooperation (UIC) context that supports faculty and students to engage in business activities. Collaboration is very important for universities, because universities are not only research universities, but must reach the level of learning colleges. The results of the research found that implementing UIC regulations affected the performance of university academic innovation, it also found that the knowledge management mechanism was an important factor to improve the performance of university academic innovation, and the implementation of regulations also played a role in developing knowledge management and performance of university academic innovation.
Legal idealism and implementation: An analysis of the gap between environmental policy and the local regulation in Indonesia
Alternative dispute settlement regarding investment in some Asia pacific countries Ade Saptomo and Edy Lisdiyono ISMA SYC INT Every regional government effort in economics aims to provide welfare to the people, as well as investment opportunities in a legal attractive environment.Hence, the business disputes become significant factors in regional investment, notably in Asia Pacific region that is now experiencing rapid economic growth. The question, however, is whether there is access for legal and trusted settlements for business disputes.This study uses the qualitative method mostly used for legal issues on selected countries in the Asia Pacific region.The results show that regional governments’ capability to formulate policies related to dispute settlement in investments and to improve the quality of legal issues of business dispute settlements, in and outside the court is expected to have a significant role leading to a considerable increase in the investment level.
Governance and the role of legal aspects in the fuel pricing in Indonesia
The cancellation of environmental license of pt. Semen indonesia: A strategic environmental assessment Edy Lisdiyono Hasanuddin University, Faculty of Law Debate over the construction of a cement factory in Rembang Regency between the community groups of Kendeng mountain care is in relation with the issuance of the environmental license No. 660.1/17 of 2012 by the Governor of Central Java. It had been declared null and void by the Supreme Court of the Republic of Indonesia based on the decision in the case register No. 99 PK/TUN/2016. The reason for the submission of the cancelation to the Environmental License of PT. Semen Indonesia in Rembang Regency, the community who cares about Kendeng mountains was because the process of submitting the mining licenses for the cement plant was not open and transparent to the community and it was feared that there would be environmental damages to the CAT area (Watuputih basin). In other words, to get the benefits, they are obliged to stay away from potential damage. Then, the urgency in the Strategic Environmental Assessment is as the Government instrument used as an instrument of prevention from pollution and/or environmental damage, and it becomes the basis for the policy of development plans and/or programs within a territory. Therefore, the mining of the cement factory of PT. Semen Indonesia in Kendeng mountains of Rembang Regency is in the CAT area (groundwater basin) based on findings of the Strategic Environmental Assessment Team. It is a protected area so that it potentially causes damage and the mining process must be stopped.
Exploring the strength of local wisdom in efforts to ensure the environmental sustainability
Community right to health on pharmaceutical patents
Business activities and criminal responsibility of corporation according to the act no. 32/2009 concerning protection and management of the living environment
Improving legal argument critically in the litigation mechanism in Indonesia (an empirical study of environmental verdicts) Edy Lisdiyono Universitas Sriwijaya Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence) and clear fact so that its solutions do not deviate from the rules of law
Socio-political and economic aspects in legal context Edy Lisdiyono and Sri Suatmiati ISMA SYC INT Behavior and human action must be understood as an expression of the needs and desires of man that apply in social, economic. Law, as an instrument of human life, cannot be separated from various aspects around it, both economic, political, social and cultural beings. This study attempts to analyse socio-political and economic aspects of law making and change. The results of this study reveal that there are various realities in legal change, such as social reality at macro-objective level, social reality at macro-subjective level, social reality at micro-objective level, and social reality at micro-subjective level. These four levels of reality will be the focus of observation on various shifting issues in the legal policy aspect.