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Putu Alex Virdana Putra; I Gusti Ngurah Dharma Laksana

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

This writing has the aim of knowing the Procedures and Requirements to receive a certificate of competence in the preparation of environmental impact analysis. This is very useful, because it will provide illustrations to other people and legal entities who want to be completed if they want to have a certificate of competence in compiling an analysis of environmental impacts. With the explanation of the mechanism and requirements, therefore a person or legal entity can prepare an analysis of environmental impacts by obtaining a certificate of competence for compiling an analysis of environmental impacts. The main objective of the Environmental Impact Analysis is to ensure that business and development activities can run continuously without destroying and damaging the environment, so in another sense, business or appropriate actions from the perspective of environmental aspects.

Amiradiaty Nasution; Hauna Tsabitul Azmi

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

The Indonesian government issued Presidential Regulation Number 79 of 2023, amending Presidential Regulation Number 55 of 2019, to accelerate the adoption of battery-based electric vehicles (BEVs) and reduce greenhouse gas emissions through incentives. These incentives, both fiscal and non-fiscal, aim to encourage the public to switch to electric vehicles. However, the environmental impact of electric vehicles needs consideration in the context of sustainable transport. This study analyzes the challenges of the incentive policy in promoting BEVs and its potential connection to greenwashing practices, aiming to develop effective solutions for environmental issues related to these incentives. Using a normative juridical approach, the research relies on secondary data, including primary legal materials and secondary sources like textbooks, journals, expert opinions, and jurisprudence. The findings highlight the need for supervision in providing incentives and suggest prioritizing the electrification of public vehicles to achieve sustainable green transportation. Additionally, the study emphasizes strengthening non-motorized and electricity-based public transportation modes and transitioning to renewable energy sources to mitigate environmental impacts.

Ramadhan Adi Prasetyo

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is motivated by the government's efforts to realize ideal national defense management by means of transparent supervision and control by a relevant government institution. Because, in the government environment, maladministration, and violations of laws and regulations are still found. The purpose of this research is to comprehensively understand external supervision in the national defense system, the formation of effective supervisory mechanism regulations, internal supervision in the national defense system, and reform of national defense institutions. The research method used is a descriptive analysis approach through literature study. Based on the results of the discussion, it is found that in organizing a good defense system, it is necessary to optimize the control mechanism by conducting effective supervision. This supervision is carried out by government agencies, both the House of Representatives of the Republic of Indonesia, the Inspectorate General within the Ministry of Defense of the Republic of Indonesia and the Indonesian National Army.

juhandijuhandi; Farid Umam; Anggi Nopian; Aam Aditia; Siti Hajar

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

As time goes by and changes in technology also change behavior in society. The impact of technology is not only positive but also negative, one of which is online gambling or slots which is currently popular in society, especially among teenagers. The aim of this PKM in the field of law is one of the KKM programs for students from group 42 of Bulakan Village, Bina Bangsa University as a form of awareness of online gambling which has a negative impact. The method for implementing PKM this time is holding a legal seminar on the dangers of online gambling specifically for teenagers as the target participants considering that there are many online gamblers among teenagers. The results of this PKM conclude that there is a negative impact on online gambling players and online gambling players can be caught in the Law on conventional gambling and the Information and Electronic Technology (ITE) Law.

Muhammad Raihan Nurhakim

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

Indonesia possesses vast forest areas with great potential. On the other hand, before the establishment of the Indonesian state, indigenous communities already exercised control over forests in the Indonesian territory based on customary rights. Therefore, the existence and customary rights of indigenous communities over forests are recognized in the Constitution. However, in reality, there are still many indigenous communities that their rights to the forests they have managed for generations have not been fully acknowledged, one of them is Cireundeu indigenous community. The lack of recognition causes these communities to face issues related to their customary rights over the forests.In fact, the 1945 Constitution of the Republic of Indonesia actually guarantees the rights of indigenous peoples regarding their forest. One way to realize that rights is by declarating customary forests for the indigenous communities of Cireundeu. This research examines the importance of the declaration of customary forests for the Cireundeu Indigenous Community in light of the rights of indigenous communities guaranteed by the Constitution. This research is a normative legal study. The approaches used are the statutory approach and the conceptual approach. The results of this research indicate that the declaration of customary forests for the indigenous communities of Cireundeu is crucial to ensure their constitutional rights to be recognized and respected, along with their traditional rights, to achieve well-being, particularly in terms of food security, to protect their cultural identity, and to safeguard a healthy and sustainable environment.

Felen Felen; Nabila Fitria Almadea

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

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

Alifa Putri Rahmadhani

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

Protecting the rights and interests of the people has an important role for the government. To prevent the increasing number and development of land conflicts in the community, it is very necessary to make definite resolution efforts, for example to meet the needs of the community which is usually used for residence, livelihoods and daily needs, it is necessary to provide legal protection for land rights, and especially property rights to land which are owned by many people. From the description above, land ownership certificates are very important to maintain, but up to now there are still requests for replacement certificates due to loss and damage, so the author is interested in studying in more depth the responsibility of the West Kotawaringin Regency BPN for issuing replacement certificates. The author uses empirical legal research. The data analysis technique was carried out descriptively, qualitatively, namely by providing presentations and explaining in detail and in depth and for data collection by searching for data and information in relevant locations related to the research topic using interviews, literature studies and the internet.

Aan Fardani Ubaidillah; Ali Imron; Rochmawati Rochmawati; Dewi Ayu Sakdiyyah; Mufti Nawang Prastiko

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the era of globalization, the empowerment of local potential has become increasingly important, especially at the village level. The village of Semar in Pagerwojo District, Tulungagung Regency, is a major dairy-producing area, with 60% of its population engaged in dairy farming. However, the Sri Wigati Dairy Cooperative (KUD), which has traditionally been the primary buyer of milk, is facing management issues, forcing farmers to sell their milk to private collectors with limited capacity. As a result, a significant portion of the milk goes unsold, posing a potential economic loss. To address this, a previous community service initiative taught farmers how to process milk into milk crackers, although these products have remained limited to local consumption despite their added value. Therefore, the focus must shift to the regional or national market. This community service program aims to: 1) enhance the competitiveness of local products, 2) empower the community, 3) optimize the value chain, 4) increase income, 5) develop a sustainable business model, 6) foster partnerships, and 7) improve community knowledge and skills. The outcomes of this initiative align with the established goals, marking a positive first step towards improving the welfare and economy of the Semar Village community.

Debi Rahmat Huntialo; Nirwan Junus; Dolot Alhasni Bakung

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

The purpose of this study was to find out about the factors that cause disputes in South Bolaang Mongondow. The type of research used by researchers in preparing this study is the type of sociological juridical law research by taking an approach based on norms or legal regulations to study the process of working or interacting with law in society. The results of this study indicate that the factor causing the dispute in South Bolaang Mongondow, from the way it is done does not get a meeting point between the parties to the dispute. So much so that the unfinished permaslahan caused a dispute between the family and the village government. The impact of the dispute to the existing community so as to create conflict between the surrounding communities between the people of Hamlet 1 and Hamlet 3, until now.

Nurmalina Hutahaean; Ribur Sinaga; Nova Isabella Napitupu; Elvis Simanjuntak; Rohhasianti Sagala +1 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Preeclampsia is a disease that appears with signs of hypertension, edema, and urine protein that arise due to pregnancy and childbirth. Childbirth with preeclampsia is one of the most critical problems in midwifery care. In Indonesia 30% of maternal deaths are caused by hypertension in pregnancy and in North Sumatra 9 the number of maternal deaths is always dangerously caused by preeclampsia. The aim of this service is to increase and increase knowledge and be able to empower pregnant women in the prevention and early detection of preeclampsia in pregnant women in Bangun Rejo village in 2024.. Results of service to the community shows that the implementation of counseling for pregnant women in improving the quality of life of pregnant women before and after carrying out counseling for pregnant women has obtained significant results in Bangun Rejo village. This can be seen, many pregnant women who have not carried out early detection of preeclampsia have a poor quality of life, as many as 23 people. (76.7%), but after providing counseling to pregnant women, the quality of pregnant women was good, as many as 27 people (90%) in the same group. It is hoped that pregnant women can improve their health by checking themselves from early pregnancy and looking at each examination for signs of preeclampsia and treating it immediately and early detection of preeclampsia can be carried out routinely in Bangun Rejo village once a month by having their pregnancy checked at the Health Facility in 2024.

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

Angelica Permata Kurniawan; Wianda Gracia Sugiono; Diyana Diyana; Siti ‘Ainun Galbini; Atanasius Hagai Pratama +1 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This service aims to improve the understanding and skills of MSME entrepreneurs in calculating production costs using the full costing method at the geprek chicken business located on Jl. Dr. Sudarsono No.34, Cirebon. Full costing was chosen because it provides a complete picture of production costs, including overhead costs that are often ignored by MSME entrepreneurs. This service was carried out using a qualitative method through direct interviews with MSME entrepreneurs to identify costs and to determine production costs. The results of this service with the application of full costing show that the total production cost in a period of 1 month is Rp. 11,700,000 with a Cost of Goods Manufactured (COGS) per portion of Rp. 7,446.67 and produces a profit percentage of 243.03%. In conclusion, this service can make a real contribution in improving the management skills of small and medium enterprises in the culinary field, especially by optimizing the calculation of production costs with the full costing method for geprek chicken

Rahmat Syaibani; Rodia Afriza; Putri Chintya Sari

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In this study, parents as the child's closest environment have an important role in supporting child development. One of the things that can support the child's development is the pattern of caring adopted by parents. The pattern of caring is the relationship or patterns of interaction between parents and children in order to meet the physical and psychological needs of children. The Pattern of Caring is divided into three types, one of which is authoritarian. These problems arise as a result of children being subjected to excessive restrictions and pressure in the family environment. There is a huge influence on the social life of the child by the authoritarian pattern of parental care. Where there are many negative influences on the social life of the child. Children are less sociable because they feel insecure and tend to be quiet. Children are afraid to make mistakes and to try new things.

Sapto Haryoko; Hendra Jaya; Mantasia Mantasia; Sutarsi Suhaeb; Badaruddin Badaruddin

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Vocational education plays an important role in bridging the gap between educational outcomes and labor market needs, especially in the Industry 4.0 era. With the rapid development of technology, especially artificial intelligence and automation, vocational education must adapt its curriculum to prepare graduates with relevant skills. The Internet of Things (IoT) is one of the key technologies that increases efficiency and opens up new opportunities, especially for the younger generation in entrepreneurship. The Community Service Program (PKM) uses an educational-persuasive approach to increase youth's knowledge and skills in utilizing IoT for start-up-based independent entrepreneurship. The training held, including IoT application simulations, showed an increase in participants' knowledge and abilities. Evaluation results based on questionnaires show that the majority of participants felt a significant increase in their understanding of IoT material and applications. In conclusion, this program succeeded in developing technology-based entrepreneurial competencies for teenagers, while providing practical insight into the application of IoT in business.

Nadya Utari

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

In accordance with Indonesia's Trade Secret Law, the proprietor of any technological or business information that is both uncommon and of economic value is obliged to maintain its confidentiality. It is incumbent upon companies to enter into specific agreements with employees who are privy to this information, with the objective of preventing leaks. The case studies of PT AIA Financial and PT 3D Garmentech illustrate the significance of legal protection and dispute resolution in the context of corporate data leaks. This research employs a qualitative analysis of the issue, utilizing both secondary and primary data and normative legal methods. This research concludes that the owner of a trade secret is entitled to exclusive use and licensing of the trade secret, and may prohibit other parties from using or disclosing such information for commercial purposes, in accordance with Article 4 of the UURD. In the event of a leak, disputes can be resolved through non-litigation channels or, in the event that these prove ineffective, through closed-door courts. A variety of legal protections are available to owners of trade secrets, including the use of confidentiality agreements with employees and the initiation of civil suits for compensation. Additionally, criminal law offers protection, as delineated in Articles 16 and 17 of the UURD. The drafters of the UURD vested the state with the authority to enforce compliance with trade secret legislation.

Fidelis Kurniawan Sugiarto

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

Electronic credit facilities represent a significant banking innovation, employing technology in a manner that diverges from the established procedures associated with conventional credit. A credit deed that is not in accordance with the formal legal requirements is nevertheless considered to have legal force if the signature is recognized by the relevant parties. This thesis addresses the legal force and position of underhand credit agreements in commercial banks, as well as their suitability with the legal requirements of agreements according to the Civil Code and ITE Law, particularly in instances where the debtor subsequently rejects the signature. This thesis employs normative legal research methods to procure secondary data pertinent to the subject matter. The secondary data comprises primary, secondary, and tertiary legal materials, which are then subjected to qualitative analysis. The research demonstrates that the legal certainty of electronic credit agreements in commercial banks is regulated by the Civil Code Law Number 19 of 2016 on Electronic Information and Transactions, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and OJK Regulation Number 38/POJK.03/2016 on the Application of Risk Management in the Use of Information Technology by Commercial Banks. In the event of a dispute over the rejection of an electronic signature in an agreement, the matter may be resolved through litigation after all other avenues of non-litigation have been exhausted. In electronic credit agreements, electronic signatures are recognized as valid evidence, thereby affording legal protection to creditors.

Anzil Rahmahdila; Arfi Exza Dheo Renova

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

The criminal justice system in Indonesia is plagued by various types of crimes, including official indifference, abuse of authority by officers, and human rights violations related to people's civil rights.  The rights of suspects, which are fundamental human rights and are ingrained in them, are often ignored in the Indonesian criminal justice system, to the detriment of suspects.  The case that attracted attention was an incident that occurred in 2013 in Cipulir, South Jakarta, where several buskers were accused of committing the crime of murder.  This case surfaced after reports that detained buskers were not given their basic rights during the investigation process, which could be linked to a violation of Miranda Rule principles.  This research aims to find out how the Miranda Rule principles guarantee the rights of suspects in the criminal justice system in Indonesia.  The method used in this research is a normative method, using the concept of a statutory approach.  The purpose of the results of this research is to understand that the Miranda Principle or known as Miranda rights is what happens when someone gives a warning to someone who is in danger.   Namely the right to obtain/contact legal advisors/advocates.  If unable, then given the opportunity to provide legal advice/advocate.  The right to obtain legal assistance has been included in Articles 54, 55 and 114 of the Criminal Procedure Code.   If he is unable to do so, the suspect has the right to be provided with legal advice by the relevant official or through an investigator, as regulated in article 56 paragraph 1 of the Criminal Procedure Code.   As for Miranda Warning (Right To Remain Silent), it is not regulated explicitly, but its application can be interpreted implicitly in articles 52, 117 and 166 of the Criminal Procedure Code.    

Rikky Nelson Manurung; I Made Kantikha

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Property business is the activity of buying and selling a plot of land or house involving 2 (two) parties between the seller (business actor) and the buyer (consumer), in its implementation gives birth to legal relationships carried out through agreements. Quality in running a property business, business actors selling their plot of land to consumers are inseparable from the fact that the business actor gets the land previously from the landowner to then sell it to consumers. The method used in this study is Normative Juridical. The legal protection of agreements made by business actors and consumers in the property business is guided by articles 1320 and 1338 of the Civil Code. Breach of promise not to carry out the agreed is a form of default committed by one of the parties to the agreement as regulated by article 1234 of the Civil Code which can be resolved with a "win and win solution" through negotiations so that business actors and consumers are protected. Consumer protection in property business agreements starts from the beginning of the purchase, making the agreement, payment to the sale and purchase deed agreement. Consumers who have signed the agreement means that they have agreed to all the terms and conditions that have been set. All of these agreements, both oral, written, and deed are not authentic. Authentic deeds that are carried out legally, as long as consumers have fulfilled their achievements by making payments in full, not negligently, in accordance with their rights and obligations in Law no. 8 of 1999, consumers are obliged to get legal protection.

Revaldy Nugraha; I Made Kanthika; Markoni Markoni; Helvis Helvis

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

Karel Nedo; Herinimus Ratu Udju; Cyrilius W. T Lamataro

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

This study analyzes the position and function of the sub-district as a liaison between the district and the village government according to government regulation No. 17 of 2018 concerning sub-districts in Hawu sub-district, Sabu Raijua district. The method used in this study is the empirical judiciary method using primary data and secondary data. The administration of the government of the Unitary State of the Republic of Indonesia is divided into provincial areas and the provincial area is divided into districts and cities, where each province, district and city has a regional government, which is regulated by law. The implementation of local government in the sub-district has undergone a change in status, which was initially an administrative area, now it is the work area of the sub-district as a district apparatus in terms of public services. A series of other changes also occurred, such as in the main duties and authorities in the sub-district. The formulation of the problem in this study is: (1) What is the position and function of the sub-district head in the sub-district government according to Government Regulation Number 17 of 2018?, and (2) What are the factors that affect the sub-district head in carrying out its duties, and its functions according to Government Regulation Number 17 of 2018?. From the results of the research, the researcher can conclude that the position of the sub-district and sub-district in coordinating the relationship between the district government and the village government according to government regulation Number 17 of 2018. The position of the sub-district is no longer a unit of government power, but as a unit of work or service area and the inhibiting factor that can affect the function and duties of the sub-district head lies in the human factor, this human factor is divided into several elements including the sub-district, village head and community leaders among the three elements there is only one element that provides an inhibited influence on the duties and functions of the sub-district,  These elements are the elements of the village head, the existence of village heads whose technological capabilities are lacking or what is commonly called technological stuttering (Gaptek) resulting in inhibition of communication through online considering that technology is now increasingly sophisticated, so the use of technology is indeed highly recommended to facilitate online communication between the sub-district head and the village head.