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Rominaldo Lezhera Letfa; Jimmy Pello; Darius A. Kian

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

East Nusa Tenggara Province in managing the Coastal area in East Nusa Tenggara in Community participation in environmental protection and management efforts in East Lembur Village, Lembur District is still relatively low because not all communities play a role in the planning, implementation, utilization and evaluation stages in the context of environmental protection and management efforts. that the management of coastal areas must have permission from the local government and if carried out illegally, it can be subject to strict sanctions. The research method used in this study is empirical juridic research. Empirical legal research that focuses on behaviors that are embraced or developed in society. This behavior is accepted and appreciated by the community because it is not prohibited by statute law, does not contradict the morals of the community (social ethics). The results of this study show that the Criminal Law Regulation Related to Sea Sand Mining Based on Law No. 32 of 2024 Jo. Law No. 5 of 1990 Law Number 32 of 2024 concerning Amendments to Law Number 5 of 1990 provides a stronger legal framework for the management and protection of natural resources, including sea sand mining. The Coastal Rights Law refers to regulations and policies that regulate the utilization, management, and protection of coastal areas and the rights of the people living around them.  that the people in East Lembur Village have several factors that cause why they are still doing illegal sand mining. One of the negative aspects is the implementation of mining activities that are not in accordance with existing regulations, such as illegal or unlicensed mining. Both on a large and small scale, mining activities require official permits, because their implementation without a permit can result in legal consequences that need to be accounted for.

Fadhila Vidianti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State, as the supreme authority over land, water, and outer space, including the natural resources within, holds the highest level of power as an entity representing the entire population. This authority includes the regulation, utilization, use, and maintenance of these resources, as well as defining the legal relationships between individuals and these resources. The primary goal of this authority is to achieve the greatest welfare for the people and to promote justice, well-being, and freedom within a society based on the principles of an independent, sovereign, just, and prosperous Indonesian legal state. In the context of Indonesian agrarian law, land is considered a part of the earth's surface and is governed by Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). Land rights, such as Ownership Rights and Building Use Rights (HGB), play a crucial role in land management and use, including as collateral for credit. Mortgage Rights, regulated by Law No. 4 of 1996, provide security over land and related objects, with the right holder entitled to sell the property through public auction if the debtor fails to meet their obligations. The importance of land registration and ownership rights is regulated by Government Regulation No. 24 of 1997, which ensures legal certainty for land and property owners. Creditors, including banks, play a critical role in the economy by providing credit facilities, where collateral on land and buildings is a key aspect to ensure the security of repayment and the legal validity of transactions. The classification of creditors as separatis, preferen, and konkuren facilitates the execution of mortgage rights in the event of contract breaches, thereby providing the necessary legal protection for lenders.

Gabriela Patricilla Mali; Jimmy Pello; Bhisa V. Wilhelmus

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the criminal liability of corporations in Kupang City in supporting the implementation of Law No. 27 of 2007 concerning the Management of Coasts and Small Islands. This research is an empirical judicial research supported by an empirical and normative approach that uses primary data and secondary data collected using interview techniques and literature studies and then processed using editing and coding techniques and analyzed in a qualitative descriptive manner. The results of this study show that (1) Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands has an important role in regulating the protection and utilization of coastal areas. However, the application of this law in criminal enforcement against the perpetrators of coastal ecosystem destruction still faces various obstacles (2) The legal arrangements in this Law aim to protect, manage, and utilize coastal areas in a sustainable manner. Law Number 27 of 2007 provides a legal basis for the planning, protection, and utilization of coastal ecosystems and involves community participation in the management of natural resources.

Wanda Natagaul; Muhammad Iswan

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The total foreign investment still dominates the overall investment’in Indonesia. The’substantial’amount of’foreign‘investment’in Indonesia represents a significant opportunity to enhance the knowledge and technological utilization capabilities of domestic labor. Improving the quality of domestic labor’is essential for’advancing’the well-being of the’society. This research aims to analyze the provisions regarding technology’transfer in the’Investment Law and the’role of’technology transfer’in enhancing the welfare of domestic labor. This study is of the normative juridical type with a conceptual approach. The research findings indicate that the Investment Law has regulated the obligations of investors, including foreign investors, to transfer technology to domestic labor. Technology transfer’plays a crucial role in’striving for the’welfare’of domestic labor. The’researcher found that the provisions regarding technology transfer in the Investment Law are inconsistent because the obligation to transfer technology is not accompanied by strict sanctions for investors who fail to transfer technology to domestic labor.

Samariadi Samariadi; Desi Marta Shelvyani; Safarudin Safarudin; Dwi Agustin; Dela Shelya Febrina +6 more

Jurnal Pelayanan Masyarakat 2024 Lembaga Pengembangan Kinerja Dosen

This journal looks at the legal concerns of managing natural resources by producing compost using a market-based method based on garbage. This study's primary goal is to evaluate the efficacy and compliance of the legal requirements controlling the use of market trash as a raw material for compost fertilizer. The study's findings indicate that there are several pertinent laws that offer a legal framework for market waste management, including the Environmental Law and government waste management rules. However, there are obstacles to the law's implementation and enforcement, such as a lack of knowledge among business actors and oversight flaws. To ensure sustainability and efficiency in managing market waste as a resource for making compost, this study also found that, despite the existence of existing regulations, regulatory updates and harmonization are still required. To maximize the environmental and economic benefits of market waste management, this research recommends improvements in regulations and law enforcement, as well as increased education and training for business actors.The results of the study indicate that the utilization of market waste for making compost has great potential in supporting organic farming and reducing the volume of waste that ends up in landfills. However, the implementation of this program requires a deep understanding of applicable regulations, as well as support from the government and the community. This article concludes that comprehensive legal-based waste management can improve the efficiency and sustainability of natural resource management, as well as have a positive impact on community welfare.

Andalucia Andalucia; Syifa Azahra

Konstruksi: Publikasi Ilmu Teknik, Perencanaan Tata Ruang dan Teknik Sipil 2024 Asosiasi Riset Ilmu Teknik Indonesia

Medan is home to a number of historical buildings from the colonial era and the Islamic Malay Kingdom of Deli, many of which are now heritage sites. However, some buildings remain abandoned, such as the Warenhuis building on Jalan Hindu. Built in 1918 and protected by Law No. 11/2010 and Medan Mayor Decree No. 433/28.K/X/2021, Warenhuis needs to be revitalized to maintain its cultural significance. The COVID-19 pandemic has increased interest in digital connectivity and art. Advances in virtual reality and augmented reality have created new immersive art experiences. The 2000s saw significant growth in the field of new media art, with more and more art collectives utilizing technology. The Cultural Promotion Law No. 5/2017 focuses on the protection, development, and utilization of the arts. Medan, the third largest city in Indonesia, has great potential as a digital art gallery that helps promote culture through conservation, development and community participation. The regeneration of Warenhuis as a digital art gallery uses an infill development design that blends contemporary digital art with the classic architecture of the building, creating a dynamic and inclusive art space while maintaining its historical value.  

Jessica Patricia Yustin Marthinus; Kotan Y. Stefanus; Hernimus Ratu Udju

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to the above article, it is in line with the regulations that the Regional Head Election is a democratic festivity, but there are several parties that are not allowed to be directly involved. One of them is the Civil Servants (ASN). ASN are state servants in the process of governance. Therefore, ASN are given limitations to remain neutral during this democratic festivity. However, they often face interference or are tainted by the involvement of ASN who should maintain their neutrality as government officials. The main issues in this research are (1) How is the regulation of the General Election Supervisory Agency on the neutrality of Civil Servants in the 2020 Regional Head Election in Ngada Regency? (2) What are the factors causing the neutrality violations of Civil Servants in the 2020 Regional Head Election in Ngada Regency? This research is empirical juridical research based on applicable laws and regulations and data obtained from the field. This research uses respondents and data collected in a descriptive qualitative manner. The aim of this research is to analyze the neutrality of Civil Servants (ASN) in the 2020 Regional Head Election (Pilkada) in Ngada Regency. The focus of the research is on how the regulation by the General Election Supervisory Agency (Bawaslu) affects the neutrality of ASN and the factors that cause neutrality violations. This research uses an empirical juridical method based on applicable laws and regulations as well as field data. Data were collected through semi-structured interviews with 10 respondents, including the Chairperson of Bawaslu, former coordinator of the violation dispute handling division, staff of the violation handling division, and ASN. Additionally, observation and documentation were used to complement the data. The research findings indicate that ASN neutrality violations often occur due to various factors, including political interference and the utilization of bureaucracy for Pilkada interests. This research provides recommendations to enhance supervision and law enforcement by Bawaslu to ensure ASN neutrality in every regional head election process in Indonesia.

Cindy Purnama Asry Nasution; Hendra Hermain; Wahyu Syarvina

Jurnal Penelitian Ilmu Ekonomi dan Keuangan Syariah (JUPIEKES) 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze how the Accounting Information System is applied to BAZNAS Binjai City. This type of research is qualitative descriptive by using interview, observation, and documentation techniques as data collection techniques. The results of this study show the realization of the Accounting Information System at BAZNAS Binjai City with the standard that has been written in PSAK 109 and has been well computerized so that it can produce information about the utilization of zakat in BAZNAS Binjai City for the community. This study also shows how the form of zakat fund management in BAZNAS Binjai City with recognition, measurement, presentation and disclosure in accordance with PSAK 109 as the main basis for zakat fund management regulations that have been stipulated by Law No. 23 of 2011. While the knowledge of the people of Binjai City about zakat management institutions such as BAZNAS Binjai City can affect the trust of muzzaki candidates in BAZNAS Binjai City to entrust their zakat to BAZNAS Binjai City.

Erwin Prasetyo; Bayu Dwi Anggono; RA. Rini Anggraeni

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The Job Creation Law contains various changes to the Environmental Protection and Management Law, one of which is the public's right to access environmental information. This can be seen in Article 22 of the Job Creation Law which amends Article 26 paragraph (2) of the Environmental Protection and Management Law, which stipulates that the public, especially environmental observers, must be involved in every activity carried out by business actors or activities, by providing open and complete information before the activity is carried out. The concept of Business Licensing in the environmental sector regulated in the Environmental Protection and Management Law using a permit-based approach has been changed to the application of standards and risk-based in Law Number 6 of 2023 concerning Job Creation, this means that the granting of permits will be carried out by the central government based on calculations of the level of danger and the potential value of danger to aspects of health, safety, the environment and/or utilization of resources. In addition, there is also the loss of participation of the affected community in all forms of decisions in the Environmental Impact Analysis (AMDAL) process which previously involved potentially affected communities, now only involving directly affected communities.    

Hizbul Malik; Imam Prawoto; Agus Rojak Samsudin

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The practice of buying and selling rice using the "tebasan" system occurs in Bedoro Village, Sambungmacan District, Sragen Regency. In this practice, farmers conduct transactions with buyers when the rice plants have turned yellow but are not yet ready for harvest, with a down payment as a sign of commitment. The buyer then waits until the rice is ready for harvest to proceed with harvesting and completing the payment. This study aims to review the practice of buying and selling rice using the tebasan system in Bedoro Village from the perspective of Sharia Economic Law. This research uses field research methods with a descriptive approach. Data were collected through interviews, documentation, and observation. The results indicate that the transaction of buying and selling rice using the tebasan system in Bedoro Village is valid according to Sharia Economic Law. This is because the transaction meets the pillars and conditions of sale and purchase, including the presence of two contracting parties, the goods being traded, and the agreement (ijab qabul), while avoiding elements that could invalidate the transaction such as gharar, riba, dual-purpose transactions, and the utilization and maintenance of land by the buyer.

Yoga Ammar Arifin; Tajul Arifin

Jurnal Insan Pendidikan dan Sosial Humaniora 2024 International Forum of Researchers and Lecturers

This research aims to explore the utilization of Metaverse technology within the framework of Hadith teachings and the Indonesian Law No.1 of 2024. Through a qualitative approach and content analysis of relevant texts, this study identifies key intersections between Islamic principles, legal stipulations, and the digital realm. Initial findings suggest that careful application of Metaverse technology can enhance various aspects of life while adhering to Islamic teachings and legal requirements. This study contributes to the ongoing conversation about the role of emerging technologies within religious and legal contexts

Tierra Kresna; Tajul Arifin

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Land is something that is very important for human life. From the land humans come from, on the land humans live and into the land humans will return. Ownership, control, use and utilization of land need to be regulated in such a way in national agrarian law. In particular, land rights also need to be regulated in the agrarian law. In this context, the teachings and laws in Islam as the largest religion in Indonesia also influence the conception and policies regarding land rights. In this case, the teachings contained in the verses of the Quran and the hadith of the Prophet Muhammad SAW as a source of Islamic law become the theological and philosophical basis of the substance of land rights regulated in the constitution and other laws and regulations in Indonesia.

Muhammad Rifki Adnan Ramadhan; Afriansyah Mufthi Akbar; Ivan Nugraha

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The utilization of technology in environmental law has become crucial in enhancing the efficiency of monitoring and enforcement of environmental violations, with the use of technology-based monitoring systems such as sensors and drones enabling more accurate and real-time monitoring. Engaging inclusive and sustainable community participation is also a key step in achieving environmental justice, with efforts to improve accessibility of environmental information to the public and address challenges such as information gaps and access limitations. Furthermore, addressing the equitable distribution of environmental burdens and benefits among all members of society is a primary focus, by applying the principles of environmental justice and strengthening community involvement in environmental decision-making to reduce social and economic inequalities. Finally, creating an adaptive and responsive environmental legal system is increasingly important as environmental issues continue to evolve in complexity, requiring flexible environmental regulations, monitoring institutions capable of keeping pace with technological and environmental advancements, and collaboration among stakeholders to effectively address future challenges in a comprehensive manner.    

Citra Perdana Kesuma

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 33, Paraghraph 3 of the Constitution of the Republic of Indonesia clearly states that the lard, water and natural resources contained therein are controlled by the state and utilized for the greatest property of the people. Forest, as a gift from God Almighty are a blessing bestowed upom the Indonesia Nation. These forest are involable natural resources that must be apraciated and manage responsibly. Forest managament is viewed as direct manded that requirest the forest to be utilized while considering the local wisdom of the communities, reflecting gratitude to God Almighty. The utilization of forests as capital of national development provides tangible benefit for the lives and livelihoodes of the indonesion people, including ecological, socio-cultural, and economic benefit in a balance and dynamic manner. Forest must be administered, managed, protected,and sustainbly, utilized for the welfare of the Indonesian people bot current and future generation. Aceh is a spesial region with spesific regulation trough the Aceh Government Law, allowing it to implement unique policies within its teritori, including those releted to forestry. In Gayo Lues, region with substantial forested areas, pine tree taping activities are conducted by both companies with government permits and local communities based on their land ownership claims as recognized by local knowledge.

Sanusi Sanusi; Ervin Hengki Prasetyo; Moh Taufik

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Intellectual property rights are an implication of the development of international trade, especially in industrial countries. In developing countries, the understanding and protection of intellectual property rights receives less attention, which causes many violations of intellectual property rights and harms creators and inventors. Intellectual property rights have an important role in economic traffic, both regional and international, including investment in a country to spur economic growth of the country and its people. Indonesian society, which is diverse in culture, religion and ethnicity, has very rich creative works, and must take part in the utilization of intellectual property rights. Legal protection and use of copyright are very necessary to become a source of development for the national economy and Indonesian society This research is aimed at examining the implications of Intellectual Property Rights on economic benefit gains. An owner of Intellectual Property Rights as a creative subject must obtain a guarantee of legal protection on his or her work. The result shows that the form of legal protection of intellectual property rights is that the owner of intellectual property rights in performing his or her rights must be protected by law. The economic rights owned by the owner will gain economic benefits if it is performed. The rights include the rights to use, to produce, to publish, to copy, to import, to export and to grant a license (permit) to another party that is intended to make use of the intellectual property. In a condition of law violation, the Law of Intellectual Property Rights as a preventive effort will give a right to an owner of intellectual property rights to sue on civil, criminal, or administrative law. The sanctions on the law breaker are also already written in each law of intellectual property rights that includes copy right, brand right, patent right, graphic design right, and integrated circuit lay-out right. The reason why an owner does not automatically gain economic benefits from his or her work is because he or she does not use the economic rights that he or she has. Some matters causing it are quite high costs of production, difficult licensing, and hard competition. The law protection and economic benefits are two essentials of intellectual property rights. An owner of intellectual property rights is a creative subject that should have those two matters.  

Vanessa Uli Sembiring; Salwa Sabrina; Wan Mahrani Sembiring; Muhammad Hafis Faisal; Taufiq Rahmadhan

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

State Administrative Law is a legal regulation regarding administration in a country, where the relationship between citizens and their government can run well and safely. In forest management, the need for permits is based on absolute legal provisions which have aspects that must be fulfilled beforehand and regarding the boundaries of each activity in managing forests, the government agrees to supervise them based on Law no. 41 of 1999 concerning Forestry Article 31 paragraph (1) To ensure the principles of justice, equity and sustainability, forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects. The aim of the research is to determine aspects of forest management. The research method used in this research is literature study by collecting data through articles, the web, books and other sources. The results of the discussion of this research are that forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects, where these aspects are determinants in managing forests which have been considered previously. The meaning of forest sustainability aspects and business certainty is contained in Article 31 Paragraph (1). What is meant by forest sustainability aspects includes: a. environmental sustainability, b. production sustainability, and c. implementation of social and cultural functions that are fair, even and transparent.  What is meant by aspects of business certainty include: a. area certainty, b. certainty of business time, and c. certainty of business legal guarantees.

Taufiqurrohman Syahuri; M. Reza Saputra

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Technological developments ultimately require judicial bodies in various countries, including Indonesia to adopt the use of technology. Because the administration of Indonesian justice is based on the principle of simple, fast, and low cost. Utilization of information technology in the judicial process can increase the effectiveness and efficiency of the performance of the judiciary, so that it can answer the public's sense of justice. Because the main problems that are often faced in our judiciary are the slow handling of cases, the difficulty of accessing cases and the integrity of the judicial administration apparatus. This article is intended to examine how to regulate the use of technology in the judiciary, and how it impacts on access to justice. This article concludes, Electronic court proceedings need to be regulated in the law itself or accommodated in the current procedural law. Because the mission of adaptation and harmonization of various legal developments is very necessary. In addition, the government must also pay more attention to the readiness of courts in Indonesia to carry out using technology. For example, providing direction for building or upgrading electronic facilities for trials, both in courts and correctional facilities, as well as recruiting and providing IT human resources. So that by using technology can run effectively and efficiently.

Akhmadi, Fauzan

The processing and utilization of natural resources aims to meet all human needs in each country, both in the agriculture, fisheries, and mining sectors. Natural resource law focuses more on exploitation and utilization, while environmental law focuses on its preservation, indeed these two laws seem to contradict and there is a difference. But this is always related to each other and cannot be separated.  Downstream which refers to the development or transformation of the added value of a product or commodity from raw materials upstream to semi-finished products or finished products downstream. In other words, through the downstream program, Indonesia has the opportunity to increase revenue by managing the production process from upstream to downstream. Downstream is the main focus of the government because downstream has significant added value potential for the country's economy. The government said the key to Indonesia's economic growth reaching 6-7% lies in downstream. One of the downstream industry programs is predicted to be an important step to support the momentum of golden Indonesia 2045.

Karningsih Karningsih

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

Regulations in the history of Village regulation, starting with the establishment of regulations regarding Villages, namely the enactment of Law Number 6 of 2014 concerning Villages, have given new enthusiasm to the community who have sometimes been spectators in development in the region. The community is given the authority to recognize their rights of origin (recognition), determine local scale authority and make local decisions for the benefit of the village community (subsidiarity), diversity, togetherness, mutual cooperation, kinship, deliberation, democracy, independence, participation, equality, empowerment and sustainability. In its implementation, especially regarding, among other things, the position of customary law communities, democratization, diversity, community participation, as well as progress and equitable development, there are still shortcomings, giving rise to disparities between regions, poverty, and socio-cultural problems that can disrupt the integrity of the Unitary State of the Republic of Indonesia, becoming an issue that interesting. This research method is a quantitative method with an explanatory research type. The sampling technique is systematic rondom sampling using an ordinal method, to determine the influence of each variable using the product mom hypothesis test, showing that there is an influence of the village head's leadership and community participation on the utilization of village funds.

Obed Kevin Siregar; Ade Apriliza; Nazwa Irfayanti Nst; Andy Satria

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This research explores the supervision and law enforcement concerning digital businesses. The rapid growth of digital businesses has significantly impacted the global economy, while simultaneously posing various legal challenges. This study aims to analyze the role and effectiveness of supervision and law enforcement on digital business actors in ensuring compliance with applicable regulations. The research methodology employs a qualitative approach, involving literature review, analysis of relevant legal regulations, and case studies on the implementation of supervision and law enforcement on digital businesses in various countries. The findings highlight the legal challenges faced by governments and supervisory bodies in coping with the developments in the digital business landscape. The study also evaluates various strategies that can be employed to enhance the effectiveness of supervision and law enforcement on digital businesses, including cross-sectoral collaboration, the utilization of information technology, and the development of regulations that are responsive to the dynamics of digital businesses. The implications of the research findings are expected to provide a more comprehensive insight into addressing the legal challenges emerging alongside the evolution of digital businesses in the era of globalization.