Risalah Hukum https://e-journal.fh.unmul.ac.id/index.php/risalah <p><strong>P-ISSN <a href="http://u.lipi.go.id/1180434291">0216-969X</a> | E-ISSN <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1594447274&amp;1&amp;&amp;">2723-3766</a></strong><br>Laman : <a href="https://e-journal.fh.unmul.ac.id/index.php/risalah">s.id/Risalah</a><br>Surel : risalahhukum@unmul.ac.id<br>Telp. : 0541-7774145; 0541-748107</p> en-US risalahhukum@unmul.ac.id (Jurnal Risalah Hukum) alimbuton84@gmail.com (Alim Utomo) Sun, 31 Dec 2023 08:35:13 +0000 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 Reformulasi Pemimpin Usia Muda Sebagai Calon Presiden dan Wakil Presiden: Tinjauan Ius Constituendum https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1339 <p><em>This study examines the reformulation of age requirements for young leaders as candidates for President and Vice President, reflecting a shift in leadership preferences within society. The aim is to analyze the rationality of the minimum age restrictions for presidential and vice-presidential candidates and to formulate an ideal change through the ius constituendum approach, to create opportunities for the emergence of young leaders in line with contemporary political aspirations. The normative method is used with a legislative and conceptual approach through literature review and qualitative data analysis. The results show that the minimum age restriction of 35 years aims to ensure the quality of mature national leadership, although some argue that it has the potential to hinder the emergence of innovative young leaders. The ideal formulation of changes is to revise Article 6A paragraph (1) to lower the minimum age limit to 30 years, based on principles of democracy and non-discriminatory political rights based on age, involving public participation and constitutional mechanisms.</em></p> Askari Razak Copyright (c) 2023 Askari Razak https://creativecommons.org/licenses/by-nc/4.0 https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1339 Sun, 31 Dec 2023 00:00:00 +0000 “Kotak Kosong” Bernama Paket Paralel Perizinan: Sebuah Content Analysis Kewenangan Perizinan Oleh Pemerintah Daerah Pasca Undang-Undang Cipta Kerja https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1124 <p><em>The psychological condition of forming laws and regulations that lead to investment optimization through various licensing and investment policies is an important aspect in viewing the diorama of licensing developments in Indonesia, one of which was initiated by Law Number 11 of 2020 on Job Creation. Displacement specimen decentralized to semi-centralized licensing is one of the consequences of the policy package in the Job Creation Law. This paper was written using the normative research method with 4 (four) types of approaches: statute, conceptual, comparative, and futurist. The discussion in this paper boils down to licensing rationalization at the regional level which is termed "Empty Packages'', although the regulatory framework related to licensing directs regional authorities to make licensing packages through PMPTSP and facilitated by Public Service Malls. This altruism towards the phrase "Empty Package" is due to socio-juridical problems in each region for their role in maintaining the health of regional investment at a point dilemma. In addition to the basic regulations in controlling/authorizing permits, there are several problems. The logical consequence is that the regional government does not have the authority in terms of enforcing business licenses that are factually contrary to the socio-juridical conditions of the region. So that in the future the results of this research need to be designed interregional linkages which directs licensing policies to be in line with central-regional investment needs with several limitations such as the size of urgent needs, feasibility, and major changes.</em></p> Muhammad Najih Vargholy, Mohamad Rifan, Syahrul Sajidin, Liavita Rahmawati Copyright (c) 2024 Muhammad Najih Vargholy, Mohamad Rifan, Syahrul Sajidin, Liavita Rahmawati https://creativecommons.org/licenses/by-nc/4.0 https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1124 Sun, 31 Dec 2023 00:00:00 +0000 Kekuatan Hukum Informed Consent Dalam Praktek Euthanasia Di Indonesia https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1307 <h1><em>The existence of informed consent is a stronghold for doctors to act calmly after the permission of the patient or the patient's family, while euthanasia is defined as the act of "lethal injection" to patients who have suffered greatly with very little or no chance of recovery. The purpose of this research is to find out how the regulation of informed consent, euthanasia and the legal force of informed consent in protecting doctors who practice euthanasia in Indonesia. This research uses a normative method by examining library materials and laws regulating to resolve the legal issues. From this study, it is found that informed consent has been regulated in Law No. 17 of 2023 concerning Health, Minister of Health Regulation No. 290/MENKES/PER /III/2008 concerning Consent for Medical Actions and other regulations related to the approval of medical actions, while the regulation of euthanasia is only limited to active euthanasia in Article 461 of the Criminal Code. The legal force of informed consent cannot protect doctors in the practice of euthanasia in Indonesia, due to the non-fulfillment of the legal requirements of the agreement based on Article 1320 of the Civil Code and the absence of specific euthanasia regulations other than the provisions of active euthanasia which are included in criminal acts against life or murder.</em></h1> Dewi Atriani, Ade Yusuf Yulianto Copyright (c) 2024 Dewi Atriani, Ade Yusuf Yulianto https://creativecommons.org/licenses/by-nc/4.0 https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1307 Sun, 31 Dec 2023 00:00:00 +0000 Meningkatkan Ketahanan Pangan Provinsi Kalimantan Timur Melalui Haki Atas Varietas Tanaman Padi https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1176 <p><em>Samarinda is the capital city of East Kalimantan Province which has an area 718.23 </em><em>km² covering 10 Districts. East Kalimantan in general and Samarinda in particular are areas with tropical rain characteristics so they have soil types latosol who have low fertility rates. In order to meet the needs of the rice shortage, a thought is needed to create a generation of rice with a strong type and is suitable for planting on this infertile soil. It is necessary to involve the role of the government, local farmers and/or researchers to find and develop superior varieties of rice plants that are suitable for planting in the Samarinda region, this is intended to encourage the creation of new varieties of rice and protect the idea of ??creating new varieties of rice plants through intellectual property rights so that provide a better economic impact for all parties and maintain food security in the city of Samarinda. The research conducted is normative research, the discussion in this study leads to the utilization of plant variety protection so that it has a positive impact not only for plant breeders but also for the people of Samarinda city, as stated in Article 1 paragraph 4 of Law Number 29 of 2000 concerning varieties Plants, plant breeding is a series of research and testing activities or activities of discovery and development of a variety, in accordance with standard methods to produce new varieties and maintain the purity of the seeds of the varieties produced.</em></p> Emilda Kuspraningrum, Lily Triyana, Khairunnisa Noor Asufie, Febri Noor Hediati Copyright (c) 2024 Febri Noor Hediati, Emilda Kuspraningrum, Lily Tryana, Khairunissa Noor https://creativecommons.org/licenses/by-nc/4.0 https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/1176 Sun, 31 Dec 2023 00:00:00 +0000