Ganesha Law Review
https://ejournal2.undiksha.ac.id/index.php/GLR
<p style="text-align: justify;">Welcome to the official website of <strong>GANESHA LAW REVIEW</strong>, source of references for Law academicians and practitioners. <strong>GANESHA LAW REVIEW</strong> is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. <strong>GANESHA LAW REVIEW</strong> is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja. <strong>GANESHA LAW REVIEW</strong> accepts any manuscripts or articles in the field of law or legal studies from both national and international academicians and researchers. <strong>GANESHA LAW REVIEW</strong> is published two times a year (in May and November). <strong>p-ISSN</strong> : 2656-9744 <strong>e-ISSN</strong> : 2684-9038</p>Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganeshaen-USGanesha Law Review2656-9744PERLINDUNGAN HUKUM TERHADAP PENCEMARAN LIMBAH DI PASAR MANLEUANA KOTA DILI TIMOR LESTE BERDASARKAN DECRETIO-LEI 26/2012
https://ejournal2.undiksha.ac.id/index.php/GLR/article/view/3399
<p><em>The Manleuana market waste problem in Timor Leste requires serious attention, because it causes a decline in the quality of the environment, endangers human health, and causes flooding. The responsibility of the state constitution as stated in Article 3 of the 2002 Constitutional Law/RDTL states that the State is obliged to take action aimed at protecting the environment and maintaining sustainable economic development. The method used in this research is normative juridical with a statutory approval approach. The research results show that the state has provided legal protection for waste management in general, this provision is contained in Article 61 paragraph (1) which regulates the right to a humane, healthy, and ecologically balanced living environment and to improve it for the benefit of future generations. Special provisions (lex specialist) are contained in RDTL, Decretio–Lei 26/2012 as basic environmental law in Article 2 (2), Article 7 (1) and (2), as well as Articles 12 (1), (2), and (3), which regulate that the state is obliged to comply with the provisions of the constitution and applicable laws and is obliged to preserve, protect, and improve the environment and the importance of community participation. However, this special provision is still an umbrella provision for environmental protection in general, there are no specific provisions that regulate the technical aspects of waste management in Timor Leste.</em></p>Fernando DacostaElly Kristiani PurwendahSeguito Monteiro
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2024-05-012024-05-0161115PERAN DIRRECÇÃO TRANSPORTE TERRESTE DALAM MELAKSANAKAN PELAYANAN PUBLIK DOKUMEN KENDARAAN BERMOTOR DI KOTA MADYA BAUCAU, TIMOR LESTE
https://ejournal2.undiksha.ac.id/index.php/GLR/article/view/3401
<p><em>Public service is a process of helping other people in certain ways that require sensitivity and interpersonal relationships to create satisfaction and success. Services produce products, both in the form of goods and services. Public services have three important elements, namely, the service provider organization, the service recipient, namely the community and interested organizations, and the satisfaction received by the service recipient. An empirical juridical approach (non-doctrinal) method with secondary data is used to understand ideal public services, while primary data in the form of observations is needed to see how public services are carried out by the </em><em>Direccão Transporte é Terrestes Municipal of Baucau Municipality. The research results show that the mechanism for providing motorized vehicle documents to the public consists of processing driving licenses and vehicle registration certificates. The obstacles faced by the Direccão Transporte é Terrestes Municipal Apparatus are the lack of human resources, office facilities, transportation, and human resources. The community as the recipient of services has not been provided with good services. The implementation of services by the Direccão Transporte é Terrestes Municipal apparatus is still not timely, responsive, and informative for the people receiving the services</em></p>Roberto da CruzJosé Agostinho da Costa Belo PereiraElly Kristiani PurwendahSeguito Monteiro
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2024-05-012024-05-01611631ENFORCEMENT OF ENVIRONMENTAL LAW ON WASTE MANAGEMENT AS A FORM OF IMPLEMENTING THE PRINCIPLES OF GOOD ENVIROMENTAL GOVERNANCE (GEG) BASED ON CHARACTER
https://ejournal2.undiksha.ac.id/index.php/GLR/article/view/3409
<p><em>This research aims to find out how environmental law enforcement regarding waste management is implemented as a form of implementing the principles of good environmental governance (GEG) based on character values. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that waste management is currently still an unresolved problem. There are several laws and regulations that have a correlation with waste management in Indonesia, namely Law no. 32 of 2009 concerning Environmental Protection and Management and several other laws. Law enforcement in waste management refers to 3 legal systems which are a combination of components, namely structure, substance and culture. Regulations regarding environmental law enforcement regarding waste must also apply character values, so that the goal of environmental law enforcement can be achieved, namely creating a sustainable environment in order to achieve a just, orderly, prosperous and characterized society. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Law enforcement in waste management is also an embodiment of the government and local governments in implementing the principles of Good Environmental Governance with the aim of raising public awareness of a good and healthy environment.</em></p>Elly Kristiani PurwendahDaniel Joko Wahyono
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2024-05-012024-05-01613242JURIDICAL REVIEW OF CHANGES TO THE DECISION OF THE CONSTITUTIONAL COURT IN THE 2024 GENERAL ELECTION CONTESTATION REVIEWED FROM THE PERSPECTIVE OF INDONESIAN CONSTITUTIONAL LAW
https://ejournal2.undiksha.ac.id/index.php/GLR/article/view/3411
<p><em>This article aims to analyze changes to the decision of the constitutional court in the 2024 general election contestation from the perspective of Indonesian constitutional law. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that factors that influence changes in the Constitutional Court's decisions will be taken into account, such as legal developments, social changes and political shifts that may occur over time. Through a review of constitutional law, this article will also consider the influence of constitutionalist thinking and human rights principles in the Constitutional Court's decisions regarding elections. This research pays attention to changes in the constitutional interpretation by the Constitutional Court and their impact on the electoral process.</em></p>Agoes DjatmikoElisabeth PudyastiwiElly Kristiani Purwendah
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2024-05-012024-05-01614351LEGAL PROTECTION OF CHILDREN AS VICTIMS OF CRIME ACTIONS AND SEXUAL VIOLENCE
https://ejournal2.undiksha.ac.id/index.php/GLR/article/view/3412
<p><em>This article aims to analyze legal protection for children as victims of moral crimes. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that the implementation of protection for children who are victims of violence is still not optimal. This is because victims' rights, such as the right to receive rehabilitation, compensation and restitution, make it difficult to manage the release of funds, because there is confusion from law enforcement officials regarding where the funds should be used from. A very fundamental obstacle to implementing the protection of children as witnesses and victims is that there are no funds provided to maximize the implementation of this protection. And in general, protection for child victims of immoral crimes can be carried out in 3 (three) ways, namely: (1) Punishing perpetrators of immoral crimes against children with heavy criminal sanctions so that the objectives of the punishment can be achieved based on the provisions of the Law (2) By provide compensation to child victims of immoral crimes by providing restitution charged to the perpetrator of the immoral crime. (3) By carrying out rehabilitation for child victims of immoral crimes.</em></p>Ikama Dewi Setia TrianaEti Mul Erowati
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2024-05-012024-05-01615261