Analisis ekonoml terhadap Hukum sebagai Upaya Peningkatan PerananHukum dalamPembangunan

Amrani, Hanafi

doi:10.20885/iustum.vol8.iss18.art13

Cited by 3 publications

(3 citation statements)

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“…There are 3 (three) basic issues in studying the economic approach to law. (Hanafi, 2001) First, issues related to the understanding and scope of economic analysis of law. Second, economic theories used as an approach in the process of analyzing legal issues.…”

Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

“…Maximization theory is an economic theory that uses the maximum possible results that can be achieved by a person in any case as a guideline. (Hanafi, 2001). Economists usually use this theory to measure the success of an economic activity, if satisfaction, profit, and capital in the maximum amount.…”

Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

“…Efficiency Theory. This theory emphasizes the usefulness of a thing (Hanafi, 2001). According to Robert Cooter in the book Law and Economic, there are two conditions where a process can be said to be efficient (Cooter, 2001), namely "it is not possible to produce the same amount of output using a lower-cost combination of inputs or it is not possible to produce more output using the same combination of inputs".…”

Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

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Economic Analysis of Law And Its Application In Government Regulation No. 64 of 2021 On Land Bank Agency

Khafidzoh

2023

J. Agr. Soc. Eco. and Buss.

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The argument of law from various points of view has given birth to so many theories and concepts, one of the theories used in legal analysis is the Economic Analyis of Law. Between law and economics, both can be used as an analytical tool between economic impact and legal impact, and vice versa. Badan Bank Tanah is a sui generis legal entity established by the government through the Undang-Undang Cipta Kerja to support increased investment through the provision of land in the context of an equitable economy. All matters regarding the duties and functions of the Badan Bank Tanah are further regulated in Peraturan Pemerintah No. 64 Tahun 2021 about Badan Bank Tanah. This writing will describe the various economic theories used in the legal approach, especially in Peraturan Pemerintah No. 64 Tahun 2021, namely the Maximization, Equlibrium, Efficiency and Cost-Benefit theories. The Economic Approach Theory was chosen because this regulation was born on the basis of economic interests, with its various tasks and functions the Badan Bank Tanah aims to facilitate and shorten the process of acquiring land for investment activities by optimally utilizing state lands.

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Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

Section: Economic Analysis / Approach Of Lawmentioning

confidence: 99%

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Economic Analysis of Law And Its Application In Government Regulation No. 64 of 2021 On Land Bank Agency

Khafidzoh

2023

J. Agr. Soc. Eco. and Buss.

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Compensation for Oil Pollution Due to Tanker Accidents in the Indonesian Legal System in a Justice Value Perspective

Mangku¹,

Purwendah²,

Itasari³

et al. 2022

Int. J. Criminol. Sociol.

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The sea potentially fulfills the interests of sea transportation; for example, the transportation of tankers. The Indonesian sea is included in the seas with the dense traffic of tankers causing the risk of oil pollution due to tanker accidents. For example, the three cases of oil contamination caused by tanker accidents occurred in the Cilacap Sea which is the largest oil refinery in Indonesia. This study aimed to find the value of justice for oil pollution losses due to tanker accidents considering that Indonesia has ratified the international convention of the civil liability of oil spill by tanker, Convention on Civil Liability 1969, and its amendment of Convention on Civil Liability 1992, along with its supplementary protocol. The international law principles (polluter pays principle, precautionary principle, and strict liability) for oil tanker losses caused by tankers have been applied to the national legal system. There were still overlapping authorities and the conflicts of authorities among the institutes in the period before 2015 before the establishment of the Coordinating Ministry of Marine Affairs. After the periodization of 2015 with the formation of the Coordinating Ministry of Marine Affairs, it is expected to resolve the loss of oil pollution as a result of tanker accidents using the right method of calculating the loss of natural resources, taking into account the willingness to pay and the willingness to accept between the insurance and victims.

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Implementation of Compensation for Oil Pollution by Tanker Ships in the Indonesian Legal System

Purwendah

Mangku

2021

Int. J. Criminol. Sociol.

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The government needs to restructure the institutions that are responsible for prosecution and the calculation of appropriate compensation to avoid the time-consuming and complicated process of calculating losses and need to establish a loss adjuster agency. The Coordinating Ministry for Maritime Affairs is expected to be the coordinator, coordinating other agencies based on a marine data base and a method of calculating compensation for all existing resources. It is necessary to create a special procedural law system for environmental compensation considering the application of the precautionary principle, the polluter pays principle and strict liability in cases of tanker oil pollution which have special characteristics given the civil responsibility and liability for Protection & Indemnity (P&I) insurance.

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Analisis ekonoml terhadap Hukum sebagai Upaya Peningkatan PerananHukum dalamPembangunan

Cited by 3 publications

References 0 publications

Economic Analysis of Law And Its Application In Government Regulation No. 64 of 2021 On Land Bank Agency

Economic Analysis of Law And Its Application In Government Regulation No. 64 of 2021 On Land Bank Agency

Compensation for Oil Pollution Due to Tanker Accidents in the Indonesian Legal System in a Justice Value Perspective

Implementation of Compensation for Oil Pollution by Tanker Ships in the Indonesian Legal System

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