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PENEGAKAN HUKUM LINGKUNGAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN UTOMO, DARMAWAN TRI BUDI; DEWI, MIEKE ANGGRAENI; KUSWARINI, KUSWARINI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.667

Abstract

This article delves into the crucial significance of protecting the environment against damage and the legal enforcement concepts, both civil and criminal, against environmental offenders. The research employs a juridical-normative approach, utilizing legislative regulations. The findings of the study indicate that the importance of safeguarding the environment against damage is manifested in endeavors to realize human health, economic aspects, global climate stability, and global responsibility. In sustainable development, environmental protection is considered a foundation for achieving these goals. Awareness of the close relationship between law and sustainable development is pivotal for success. The concept of legal enforcement comprises two main perspectives: civil law and criminal law. Civil law emphasizes the responsibility for compensation and absolute liability, while criminal law involves processes of investigation, prosecution, and the implementation of judicial decisions. Criminal sanctions can be applied at the individual or corporate level, emphasizing deterrence effects and corporate responsibility. In conclusion, to enhance environmental law enforcement, the government needs to intensify surveillance and the application of criminal sanctions. Effective coordination among relevant institutions, such as sectoral authorities, in permitting and environmental monitoring is crucial. Active community involvement in reporting environmental violations and supporting conservation policies is highly essential.
PERLINDUNGAN HUKUM DEBITUR DALAM EKSEKUSI JAMINAN FIDUSIA SETELAH PUTUSAN MK NOMOR 2/PUUXIX/2021 UTOMO, DARMAWAN TRI BUDI; DEWI, MIEKE ANGGRAENI; WIDYAWATI, AGNES MARIA JANNI
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.836

Abstract

This research will attempt to provide an analysis regarding the Legal Protection of Debtors in Fiduciary Guarantee Execution both before and after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study employs the juridical normative legal research method, with secondary data being utilized, which consists of pre-existing data. The analytical technique employed is descriptive analytical analysis. The research findings indicate that the Legal Protection of Debtors in Fiduciary Guarantee Execution before the Constitutional Court Decision Number 18/PUU-XVII/2019 Equalizing the fiduciary guarantee certificate in Article 15 paragraph (2) and (3) of the Fiduciary Law resulted in the constitutional rights of debtors being infringed upon. The Fiduciary Receiver (creditor) may carry out execution in the form of private sale of the fiduciary collateral objects pursuant to Article 29 paragraph (1) letter c in conjunction with paragraph (2) of the Fiduciary Law based on an agreement between the fiduciary grantor and the fiduciary receiver. In POJK Number 29 of 2014 Article 14, creditors are prohibited from withdrawing fiduciary collateral objects, with conditions stipulated in the fiduciary law also being agreed upon by the parties in the agreement. The execution of fiduciary collateral objects must be based on the determination that the debtor has defaulted and cannot be unilaterally permitted by the creditor, in the a-quo decision of the Constitutional Court, the creditor is not allowed to forcibly withdraw unilaterally, even though the creditor has a fiduciary guarantee certificate. The creditor and debtor parties must agree in advance on the existence of default as stipulated in the agreement
ANALISIS PERKAWINAN BEDA AGAMA DALAM PRESPEKTIF RELIGIUSITAS DAN AKIBAT HUKUMNYA DEWI, MIEKE ANGGRAENI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.632

Abstract

In the reality of community life, marriage appears to be relatively straightforward when both couples share the same religious beliefs. However, issues arise when the couple holds differing religious convictions. These religious differences can impede the execution of a marriage. This research employs a juridical-normative method, which involves an approach that examines legal regulations and other relevant provisions related to interfaith marriages. The regulations explored in this research pertain to interfaith marriages. The legal consequences of an interfaith marriage are that the marriage is not recognized as valid according to the respective religious beliefs of the individuals involved. Therefore, from a legal standpoint, this marriage is also deemed invalid according to the Marriage Law No. 1 of 1974. The result of an invalid marriage also impacts the status and position of children born from an interfaith marriage. Children born from interfaith marriages are considered born out of wedlock, as the marriage of their parents is not recognized as valid. Consequently, these children only have legal relations with their mothers and not with their fathers.
INTEGRATION OF CUSTOMARY LAW AND CONFLICT RESOLUTION IN MULTICULTURAL SOCIETIES Dewi, Mieke Anggraeni; Kuswarini, Kuswarini; Winarni, Widiati Dwi
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5819

Abstract

The purpose of this research is to analyze the challenges in integrating customary law into Indonesia's national legal system and to identify mechanisms for resolving customary law conflicts. The methodology used is a normative legal research with an empirical and legislative approach, where the data collected comes from literature review and legal studies. These data are qualitatively analyzed to understand the relationship between customary law and state law, as well as the challenges faced in their integration process. The findings show that one of the main challenges in integrating customary law into national law is the difficulty in harmonizing the local wisdom values embedded in customary law with the more formal and universal state legal system. The normative discrepancies between the two often lead to legal conflicts, especially in communities that have a legal system deeply intertwined with local culture and social structure. Additionally, the limited knowledge of customary law among indigenous peoples and law enforcement officers also hampers the effective implementation of state law. A successful integration process requires an inclusive approach involving the government, indigenous communities, and other stakeholders in creating dispute resolution mechanisms based on mediation and cross-cultural dialogue. The conclusion of this study is that the integration of customary law into the national legal system requires strategic measures that respect local wisdom values, strengthen the capacity of indigenous communities in understanding law, and support policies that encourage conflict resolution through dialogue and mediation. The recommendation proposed is the importance of formulating policies that provide space for customary law within the national legal framework, as well as the need for training law enforcement officers on customary law to ensure a harmonious and mutually supportive integration of both legal systems.