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Putra, Alif Arhanda
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PERSPEKTIF HUKUM INDONESIA TENTANG HAK ATAS LINGKUNGAN HIDUP Putra, Yuda Virdana; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4751

Abstract

AbstractThe reality is that the environment is increasingly damaged by human actions.The environment is positioned as an object of exploitation: Mining the earthwithout control, deforesting without compromise, polluting water withoutcontrol, and other arbitrary actions. Violations of environmental norms result indisasters, both natural and man-made, and have cost many human lives. Thedestruction of the environment by a few people or companies has causedsuffering and human rights violations to the largest section of humanity. Theright to the environment is a basic human right that has been attached tohumans by nature, namely the rights that humans have as humans, which is agift from God. The right to a good and healthy environment as a human right hasbeen regulated in Article 28 of the Universal Declaration of Human Rights(UDHR), African Charter on Human and People Rights, Article 21 (1);International Covenant on Economic, Social and Cultural Rights (ESCR), Article1 (2); UN Resolution 1803 (XVII), December 14, 1962; UN Resolution 3281(XXIX), December 12, 1974; Agenda 21 of the 1992 Rio de Janeiro Earth Summit.The right to a good and healthy environment in Indonesia has also beenregulated in the 1945 Constitution, MPR Decree No. XVII/MPR/1998, Law No.39/1999 on Human Rights, Law No. 32/2009 on Environmental Protection andManagement, and Law No. 40/2007 on Limited Liability Companies.Keywords: Indonesian Legal; Perspective; Right to the Environment
PELESTARIAN PENGELOLAAN LINGKUNGAN LAUT BERDASARKAN PERSPEKTIF KEADILAN LINGKUNGAN HIDUP DALAM MELINDUNGI MASYARAKAT PESISIR Hamri, Andi Rosadi; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4747

Abstract

AbstractThe ocean plays a significant role in a country's economy, and Indonesia, with acoastline of approximately 95,181 km, has great economic potential. This sizeplaces Indonesia as the second country with the longest coastline in the world,after Canada. The economic potential of the ocean is estimated at US$3 trillion -US$5 trillion per year, or around Rp36,000 trillion - Rp60,000 trillion. This doesnot include other potentials such as biotechnology, marine tourism, and thedevelopment of marine transportation. The current government considersIndonesia's maritime potential as its main focus, but must also pay attention tothe negative environmental impacts that can occur due to overexploitation. Lawin its function as the protection of human interests has a purpose. For humaninterests to be protected, the law must be implemented. The implementation ofthe law can be done either normally, peacefully, or occurs due to a violation ofthe law. In the event of a violation of the law, the law that is violated must beenforced. It is through this law enforcement that the law becomes a reality. Basedon Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesiaand the principle of environmental justice, all land and water and the naturalresources contained therein are controlled by the state and used for the greatestprosperity of the people. Every living system communicates with other livingsystems and shares resources that allow each living system to develop its ownidentity. All living beings are boundary creatures, but all living beings, includinghumans, are related and part of a system of interdependent relationships.Keywords: Conservation, justice, environment, community, coastal
TINJAUAN HUKUM PIDANA DALAM PERWUJUDAN KEADILAN LINGKUNGAN Reguna, Mosezs Sahat; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4750

Abstract

AbstractThe environment is the most vital element on this planet, especially in fulfilling theneeds of human life. Therefore, the relationship between humans and theenvironment is inseparable. Humans grow and develop along with the surroundingenvironment. As a gift and grace from Allah swt. for mankind in general, andespecially for the Indonesian nation, the environment is a source of life that coversall aspects and materials. Law enforcement has a broad meaning because it includesaspects of prevention and prosecution, by conditions in Indonesia which involve theactive participation of government elements in increasing public legal awareness.Nonetheless, criminal law enforcement in the environmental sector has not achievedthe expected goals at this time. One of the causes of this failure is the lack ofsynchronization, coordination, consistency, and harmony in terms of culture,structure, and substance in the criminal justice system. Law enforcement as aprocess involves the application of discretion associated with decision-making thatis not strictly regulated by legal norms but involves elements of personal judgment.Therefore, it can be said that law enforcement does not only mean theimplementation of laws, although in Indonesia this tends to be the case, so the term"law enforcement" has become popular. This narrow view has weaknesses, especiallyif the implementation of laws or judges' decisions disturbs order in social life.Keywords: criminal law; realization; environmental justice
PELUANG DAN TANTANGAN PERDATA WAKAF ASET DIGITAL MELALUI METAVERSE Ismail, Ismail; Putra, Alif Arhanda
JURNAL AKTA YUDISIA Vol 9, No 2 (2024): VOL 9 NO 2 DESEMBER 2024
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v9i2.6206

Abstract

Digital technology in the metaverse field has promising potential and economic advantages. Therefore, digital assets such as Non-Fungible Tokens (NFTs), cryptocurrency, and virtual real estate have the potential to become objects of waqf, although there are challenges in the application of civil law. This research aims to analyze the opportunities and challenges of civil waqf for digital assets in the metaverse and to examine the governance of digital asset waqf in the metaverse. Digital assets in the metaverse have the potential to become waqf objects, as emphasized by Islamic law and UU RI Nomor 41 Tahun 2004 Tentang Wakaf, although there are no clear legal regulations governing them. To maximize the benefits of digital asset waqf governance in the metaverse, it is necessary to adapt smart contracts on the blockchain to ensure legal certainty and digital security, as well as appoint a nazhir capable of managing digital assets in the metaverse effectively. Therefore, despite legal challenges, the potential for managing digital waqf in the metaverse is vast, requiring regulations that are more adaptive to technological developments to ensure the sustainability and benefits of waqf for the broader community.Kata Kunci: Waqf, Digital Assets, Metaverse, Civil Law, Islamic Law, Blockchain, NFT, Cryptocurrency, Real Estate Virtual.
Co-Authors Hamri, Andi Rosadi Ismail Ismail Putra, Yuda Virdana Reguna, Mosezs Sahat