Annals of Justice and Humanity

Annals of Justice and Humanity (AJH) is an international peer-reviewed and scholarly journal aimed at publicizing solutive and innovative ideas of researchers, practitioners, and academicians in addressing interesting legal issues and encouraging the development of legal studies. AJH welcomes submissions of high-quality and well-developed research manuscripts on wide range fields related to law science.

Annals of Justice and Humanity (AJH) is an international peer-reviewed and scholarly journal aimed at publicizing solutive and innovative ideas of researchers, practitioners, and academicians in addressing interesting legal issues and encouraging the development of legal studies. AJH welcomes submissions of high-quality and well-developed research manuscripts on wide range fields related to law science.

Published
2023-12-22

Articles

The right to environmental cleanliness through waste management in West Lampung Regency

Purpose: This study aims to examine waste management problems in the Lampung Barat Regency. Research Methodology: This study employed a normative method using a descriptive analysis approach. Secondary data were acquired through meticulous literature review and subjected to qualitative analysis. The secondary data in question include Law Number 18 of 2008 concerning Waste Management, Law Number 32 of 2009 concerning Environmental Protection and Management, West Lampung Regency Regional Regulation Number 4 of 2018 concerning Waste Management, and West Lampung Regent Regulation Number 31 2022 Regarding Waste Reduction Guidelines. Rigorous literature selection ensured data validity. The outcomes of the analysis served as the basis for accurate conclusions within the research. Results: Fulfillment of the right to a clean environment through waste management is a reference for the government and local governments implementing the principles of Good Environmental Governance with a growth orientation awareness for the community about a good and healthy living environment. Limitations: Waste management remains an unresolved problem. There are several laws and regulations that correlate with waste management in Indonesia, namely Law No. 32 of 2009 concerning Environmental Protection and Management and several other laws. Contribution: Fulfilling the right to a clean environment through waste management refers to three legal systems that are a combination of components: structure, substance, and culture. This is related to law enforcement in waste management and can be studied from two perspectives: preventive and repressive.

Application of strict liability principles in environmental dispute resolution

Purpose: The aim of this study is to analyze the factors causing the Strict Liability principle to not be implemented effectively and the efforts that can be made so that the Strict Liability principle can be implemented effectively. Research Methodology: This study employed a normative empirical method with a descriptive analysis approach. Secondary data is acquired through meticulous literature review and subjected to qualitative analysis. Rigorous literature selection ensures data validity. The outcomes of the analysis serve as the cornerstone for accurate conclusions within the research. Results: The results of the research show that the principle of Strict Liability cannot be implemented effectively because there are political deviations in the law of environmental dispute resolution after the enactment of the Job Creation Law and there are policy inconsistencies in resolving environmental disputes. Limitations: Environmental dispute resolution still uses the principle of liability based on fault, which requires proving elements of fault on the part of the defendant. In the context of resolving environmental disputes, there is still a basis for liability based on the principle of Strict Liability, which does not need to prove the defendant's fault if he has fulfilled the elements contained in Article 88 of Law Number 32 of 2009. Contribution: Efforts that can be made to implement the Strict Liability principle effectively are, first, reorienting policies and strategies for resolving environmental disputes. This can be realized by preventing, overcoming, and restoring pollution and damaging natural resources and the environment, as well as strengthening institutions and law enforcement in the field of natural resources and the environment. Second, there are legal political irregularities in resolving environmental disputes after the enactment of the Job Creation Law.

Right to health services for people with HIV/AIDS in Bandarlampung: Challenges and fulfillment

Purpose: This study aimed to determine how the right to health services is fulfilled for people living with HIV/AIDS (PLWHA) in Bandar Lampung City and what are the obstacles to fulfilling the right to health services for HIV/AIDS sufferers there. Research Methodology: This research uses empirical normative research that employs a literature study approach and research directly at the research location. The data sources for this research were the library and field data. Results: The research results show that: (1) Fulfillment of the right to health services for people with HIV/AIDS in Bandar Lampung City has been implemented in accordance with Minister of Health Regulation (PMK) Number 23 of 2022 concerning the Management of HIV AIDS and Sexually Transmitted Infections. Fulfillment is realized by the availability of health services for HIV/AIDS sufferers in hospitals, community health centers, and organizations that focus on HIV/AIDS issues and have special programs for HIV/AIDS sufferers. Limitations: In reality, there are still obstacles faced in fulfilling the right to health services for people with HIV/AIDS in Bandar Lampung City, namely inadequate financial support, antiretroviral drugs that are still dependent on the center, as well as stigma and discrimination by health workers towards HIV/AIDS sufferers. Contribution: Human Immunodeficiency Virus (HIV) / Acquired Immune Deficiency Syndrome (AIDS) has been declared a world pandemic and a disease that is a serious health problem. HIV/AIDS sufferers sometimes experience difficulties in getting health services.

Legal review of the Soreang Religious Court Decision on Divorce Suit of A Soldier's Wife in The Army Without Permission from The Unit Commander (Case Study of the Soreang Religious Court Decision Number 363/Pdt.G/2021/PA.Sor)

Purpose: This study aims to analyze the legal procedures related to divorce lawsuits filed by the wives of Indonesian Army soldiers without permission from the Unit Commander. Research Methodology: The author uses a normative legal approach. According to Soerjono Soekanto, a normative legal approach is a legal research conducted by examining library materials or secondary data as basic materials for research by conducting a search for regulations and literature related to the problems being studied. Results: The results of the author's research found that there had been a Divorce Suit filed by the wife of an Indonesian Army soldier against her husband without permission from the Commander and was considered not in accordance with procedures in the soldier's environment, but the facts on the ground by the Soreang Religious Court the case was still processed and decided. This happens because there is a lack of synchronization regarding the granting of a letter of permission from superiors/officials where the TNI Commander Regulation Number 50 of 2014 does not regulate the deadline for when a divorce permit letter must be issued, while PP Number 45 of 1990 concerning amendments to PP Number 10 of 1983 which is the basis in the Religious Court environment in handling PNS divorce cases including Soldiers regulates the deadline for superiors to provide consideration and continue within a maximum period of three months and SEMA Number 5 of 1984 provides time for Civil Servants to obtain official permission, the trial is postponed for a maximum of 6 (six) months and will not be extended again. Suggestions: The author suggests that Adjustment and Synchronization of Rules are needed between the Religious Court and the TNI, especially the TNI AD, to ensure that divorce procedures run in accordance with applicable regulations. For example, revisions to the TNI Commander Regulation and the Army Chief of Staff Decree to be more in line with SEMA Number 10 of 2020, so that the time given to complete divorce administration is clearer and more consistent.

International law review on the implementation of the death penalty for foreign citizens involved in drug crimes in Indonesia

Purpose: The main focus of this study is to examine the national legal basis used by Indonesia in imposing the death penalty, as well as assessing the suitability of the implementation of this punishment with international legal obligations and standards, especially those related to the protection of human rights. Research Methodology: Using qualitative methods and a normative legal approach, involving the analysis of various legal documents, documented cases, and academic literature. This study also discusses how international law, such as the International Covenant on Civil and Political Rights (ICCPR), and the Vienna Convention on Consular Relations, influences the implementation of the death penalty in Indonesia, especially in cases involving foreign nationals. Results: It also finds that although the implementation of the death penalty for foreign nationals in Indonesia has a strong legal basis in national law, there are several issues and challenges that need to be considered from an international law perspective. Some of these include compliance with fair trial standards, protection of human rights, and diplomatic responses from the convict's country of origin. In addition, international pressure and criticism from human rights organizations highlight the need for a re-evaluation of the death penalty policy, especially in the context of drug cases. Suggestions: Then suggest the need for reform of the death penalty policy in Indonesia by considering a more humane approach and in accordance with international standards.