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EVALUASI YURIDIS SISTEM PENYELESAIAN SENGKETA PEMILIHAN UMUM DAN IUS CONSTITUENDUM PERADILAN KHUSUS PEMILIHAN UMUM Ulya, Nurul Ula; Musyarri, Fazal Akmal
Justitia et Pax Vol 35, No 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.477 KB) | DOI: 10.24002/jep.v35i2.2508

Abstract

The General Election Judicial System in Indonesia currently runs partially in Indonesia because the institutional structure that plays a role in handling General Election cases consists of elusive anatomy. Some of these institutions include the Constitutional Court, the Election Supervisory Body, the Administrative Court and the District Court which have different portions of authority and lack synergy in their representation. This can lead to miscoordination and overlapping of authority. Therefore, the formation of a Special Election Judicial body is an alternative solution that can be done to maintain the implementation of a democratic General Election up to the stage of case resolution.
Contoh Penerapan Penetapan Zona Ekonomi Eksklusif (Studi Kasus Imajiner Amalea v. Ritania atas Malachi Gap) Munir, Misbachul; Elsyam, Churun Ain Nabila; Musyarri, Fazal Akmal; Sihotang, Nenny; Afriyanti, Puput Brenda; Siregar, Zipora Nadya A.
Jurnal Hukum Lex Generalis Vol. 1 No. 1 (2020): International Law Theme
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Law of the Sea divides the maritime territorial boundary of a country into several parts, one of which is the Exclusive Economic Zone or which is often referred to as EEZ. The Exclusive Economic Zone is a zone with a maximum distance of 200 miles in which resources can be utilized but cannot be controlled by a country due to purposes such as shipping and aviation navigation which are generally required. However, due to the nature of its free use, it can lead to conflicts between countries because this is like dominoes that have a correlation with one another. In this paper, it will be described in relation to examples of implementing EEZ conflict resolution in imaginary cases or fictional cases of the State of Amalea and the State of Ritania as a simulation of the settlement of the EEZ determination based on the UNCLOS 1982 sea law. This simulation has fictional factual dynamics that are interesting from a legal perspective with a settlement that is conventional namely the consensus of the parties. Referring to the 1982 UNCLOS, the use of marine aspects needs to be considered so as not to disturb other countries.
Akselerasi Sistem Tol Laut Melalui Konsep Storage Island guna Pemberdayaan Wilayah Kecil Sebagai Pusat Logistik Berikat Musyarri, Fazal Akmal; Larasati, Andriani; Gheosa, Paradisa Eksata
Jurnal Archipelago Vol 3 No 02 (2024): Jurnal Archipelago
Publisher : Badan Perencanaan, Penelitian dan Pengembangan Pemerintah Provinsi Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69853/ja.v3i02.122

Abstract

The national development orientation is starting to lean towards marine-based development, to reduce regional growth disparities, especially in the Eastern Region of Indonesia. The government has set the Maritime State Concept as a development priority, where one of the five pillars of the concept is the development of maritime infrastructure and connectivity. The main focus in this concept pillar includes the idea of sea highways and policies in the national logistics system. The solution being developed by the government is to build a Bonded Logistics Center (PLB) as a multifunctional logistics warehouse to stockpile imported or local goods. However, currently PLB development is still focused on sea ports, land ports and industrial areas in several regions in Indonesia. This limitative implementation reduces the efficiency of implementing PLB in Indonesia. So the author recommends the grand design of "Storage Island" using a normative juridical writing method, with a statutory approach and a conceptual approach. Integration with the development of sea highways has resulted in several ideas in Storage Island, including: First, the use of coastal areas or small islands with an area of 2,000 km between sea toll routes as PLB; Second, time management related to transporting goods using cargo with TEU capacity, both large and small ships; The third is the separation of the sea toll route from the commercial route (passenger transport journeys) to the sea toll road and/or to Storage Island. The realization of a Storage Island requires a legal umbrella regarding the management of areas that are special islands for storing logistics goods, which can be realized by revising the Law on Management of Coastal Areas and Small Islands. It is hoped that the Storage Island idea can cumulatively reduce the cost burden on the national logistics system and make goods distribution time more efficient. The implication is equal distribution of economic development throughout Indonesia and supporting the realization of Indonesia as a maritime country.
Interpolation of local potential parameters in allocating village fund formulation as an effort to development of local-based tourism Musyarri, Fazal Akmal
Indonesian Tourism Journal Vol. 1 No. 1 (2024): May 2024
Publisher : CV. Austronesia Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69812/itj.v1i1.14

Abstract

The development of Indonesia tourism today has experienced a significant increase. This is inseparable from the role of great tourism potential in Indonesia. The village tourism sector can be developed through cultural wealth, education, and ecotourism. However, issues have arisen in the efforts to manage tourism, particularly in rural areas, due to the suboptimal role of the government in managing tourism potential Conversely, in order to optimize village authority, Villages Law provides financial assistance in the form of Village Funds, which come from a basic allocation fund of 90% that is the same for all villages, plus a formulation fund of 10% which represents the difference in the amount of village funds received between villages. The formulation fund is adjusted to the Number of Population (25%), Number of Poor (35%), Village Area (10%) and geographical difficulty (30%). Unfortunately, the division of parameters is consumptive and not productive, in the sense that there is no division of parameters for the local potential of villages that differ from one village to another. Therefore, the author initiated the idea of adding parameters to the village's local potential in the distribution of village fund formulation funds. The research method used in this scientific work is normative juridical. The addition of local potential parameters in the distribution of village fund formulation funds includes the potential of the village tourism sector. With the implementation of this idea, it is expected to optimize tourism management efforts and increase the potential of the tourism sector in Indonesia. 
Comprehensive Normative Analysis Concerning Indonesia Domain Name Legal Policy Musyarri, Fazal Akmal
Media Iuris Vol. 8 No. 1 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i1.68870

Abstract

The world is moving toward the digitalization period in the frame of the Industrial Revolution 4.0. Prof. Klaus Schwab stated that the Website was included in matters affecting the current direction of civilization in society. In the Website, the Domain Name is an important component that serves as an easy-to-remember referral address. Indonesia has its own Domain Name with the .id extension or often referred to as the Indonesia Domain Name. The regulation is scattered in several laws. By using Normative Juridical research methods and statutory and conceptual approaches, the author intends to map the Indonesia Domain Names laws. The results have not only mapped the concept map of the Indonesia Domain Name regulations, but also analyzed the legal issues surrounding it. This study is expected to be a representation for the government to create a more comprehensive Indonesia Domain Name law so that it can lead to legal certainty conditions for Indonesia Domain Name Registrants in the future as ius constituendum of Information and Communication Technology Law.
Konsepsi Hak Cipta Ditinjau dari Distribusi Kekayaan Menurut Teori Hukum Ekonomi Syariah: Conception Of Copyright Is Reviewed From The Distribution Of Wealth According To The Theory Of Islamic Economic Law Musyarri, Fazal Akmal
Jurnal Hukum Lex Generalis Vol 3 No 2 (2022): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i2.182

Abstract

Intellectual Property Rights (IPR) is a right that arises from the results of human brain thinking that produces a product or process that is useful for human life. The object of IPR arrangement is a work that arises or is born from human intellectual ability. IPR itself has many kinds such as copyright, brand rights, patents, industrial design, trade secrets, protection of plant varieties, to the design of integrated circuit layouts. IPR itself in the context of Islamic Law is included as a gift of Allah S.W.T.. In this paper, the author is interested in studying IPR in the view from the point of view of property ownership theory and its implications. This is considering the utilization of IPR that can bring commercial value to IPR holders as an exclusive right. Whether the conception is in accordance with Islamic sharia or there are other concepts that are more ideal to be applied.
Ganti Rugi Korban Terorisme Ditinjau dari Perspektif Sosio-Legal Musyarri, Fazal Akmal
Jurnal Hukum Lex Generalis Vol 1 No 9 (2020): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v1i9.223

Abstract

Acts of terrorism is a form of real crime that has been in the spotlight for some time. In fact, at the end of 2020, found traces of kingpins that allegedly constituted terrorism training in west Java. This encourages not only the study of the crime of terrorism but also the need to think about the fate of people who are victims of terrorism crimes as an Extra Ordinary Crime. Terrorism is said to be very evil because of its organized nature and can cause casualties, physical injuries, to losses both materially and non-materially. This is what needs to be discussed also in a legal perspective. Not only in terms of normative because basically, the arrangement regarding compensation for victims of terrorism still raises question marks in the condition of the perpetrator who died or has not been found syndication responsible for acts of terrorism. Therefore, in this paper will be discussed about the compensation of victims of terrorism not only from a normative but also socio-legal view.
Urgensi Pembentukan Solusi Perlindungan Hukum bagi Penganut Agama dan Kepercayan Minoritas di Indonesia Ramadhan, Fery Rochmad; Musyarri, Fazal Akmal; Nasmi, Maya Maulidya
Jurnal Hukum Lex Generalis Vol 1 No 9 (2020): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v1i9.224

Abstract

Indonesia is one of the countries that has a plurality of cultures in it, including religions embraced by the community. But the facts on the ground, only religion and belief of the majority are recognized by the community and the government. In the constitution, there is no law that requires every citizen to adhere to the six majority religions. That is, minority religions other than the six religions are allowed to develop in Indonesia as long as it is still within the limits of reasonableness. The Constitution which contains regulations that address religious freedom include Articles 28 and 29 of the Constitution of the Republic of Indonesia of 1945, Article 4 and Article 22 of Law No. 39 of 1999 on Human Rights and Law No. 1/PNPS/Year 1965 on Prevention of Abuse and/or Blasphemy. But if considered carefully, the Act contains statements that can cause misinterpretation. Such misinterpretation can be fatal especially for adherents of religious minorities outside the recognized religion in Indonesia. The most obvious consequence is discrimination against these minorities, both in terms of physical violence and in the field of administration. For example, the Ahmadiyya community is not calm in carrying out worship and the Sunda Wiwitan community which until now has been difficult to get official administrative papers because it is bumped with the problem of religious columns. During this time, religion and minority beliefs are less recognized and even tend to be considered heretical by society. In fact, they also have rights that include internal rights and external rights of religious freedom that should not be reduced by anyone. If traced back, it turns out that one of the causes is confusion in Law No. 1 / PNPS / Year 1965 on Prevention of Abuse and / or Blasphemy earlier.