Garuda - Garba Rujukan Digital

Analysis of Law Enforcement in the Perspective of Law Number 32 of 2009 concerning Illegal Mining and Environmental Damage Muhtadi, Muhamad Ammar; Surahmi , Mila; Saputra, Citra Dewi; Husin, Zaimah; Nasution, Emmi Rahmiwita
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.2063

This study investigates the enforcement of Law Number 32 of 2009 concerning Environmental Protection and Management, with a specific focus on addressing the phenomenon of illegal mining and its contribution to environmental degradation in Indonesia. Through a normative juridical approach, the research analyzes legal provisions, regulatory structures, and institutional mechanisms that govern environmental law enforcement. The findings reveal that although the law provides comprehensive tools—including administrative, civil, and criminal sanctions—its enforcement is often hindered by institutional fragmentation, weak monitoring systems, limited public participation, and political interference. Illegal mining continues to thrive in various regions, causing severe environmental damage such as deforestation, water pollution, and soil erosion. The study highlights the urgent need for integrated law enforcement, inter-agency coordination, legal reform, and community empowerment. Strengthening these areas is critical to realizing environmental justice and sustainability through effective legal implementation.

Digital Contracts and Jurisdiction in Global E-Commerce: Legal Standards, Clause Validity, and Enforcement Across Borders Supangat, Ajis; Nasution, Emmi Rahmiwita; Sara, Rineke
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.1124

The exponential rise of cross-border e-commerce has presented critical legal challenges regarding jurisdiction, applicable law, and enforcement of consumer disputes. This article aims to provide a comparative and doctrinal analysis of how different jurisdictions primarily the European Union, United States, ASEAN, and Indonesia approach these challenges through domestic legislation, regional instruments, and global conventions. The research employs doctrinal comparative legal methods, analyzing legal instruments such as the Brussels I Recast, Rome I and II Regulations, the Hague Conventions (2005 and 2019), and the New York Convention. Key case law including Pammer, Emrek, Schrems, and Nguyen is examined to highlight judicial interpretations. The analysis includes ASEAN’s regional cooperation frameworks and Indonesia’s regulatory evolution. The results show significant divergence in jurisdictional tests (e.g., the EU’s targeting test vs. the US’s contractual autonomy), clause validity standards (clickwrap vs. browsewrap), and enforcement mechanisms. While the EU offers a structured consumer protection regime, the US emphasizes freedom of contract. ASEAN's soft-law frameworks and Indonesia’s domestic regulations show promise but face implementation and enforcement challenges. The Hague Judgments Convention remains underutilized, while arbitration via the New York Convention proves more reliable for cross-border enforcement. The study concludes that despite substantial progress in developing international legal tools, their effectiveness is undermined by fragmented implementation and regulatory divergence. Harmonization efforts must prioritize enforceable assent standards, broader ratification of international conventions, and capacity-building within national systems particularly in emerging economies.

PENGAWASAN RISIKO PEMBIAYAAN MIKRO SYARIAH MELALUI AKAD MURABAHAH PADA BANK SYARIAH INDONESIA AREA PEMATANG SIANTAR Nasution, Emmi Rahmiwita; Sukmawati, Nirwana
JOURNAL OF SCIENCE AND SOCIAL RESEARCH Vol 8, No 4 (2025): November 2025
Publisher : Smart Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54314/jssr.v8i4.4574

Abstract: This study aims to analyze the risk supervision of Islamic microfinance through murabahah contracts at Bank Syariah Indonesia in the Pematang Siantar area. The research method used is qualitative with an empirical approach, through document studies, interviews, and observations on the financing mechanism. The results show that Bank Syariah Indonesia in the Pematang Siantar area has implemented risk supervision through a feasibility analysis process, system-based financing monitoring, and customer evaluation. Internal supervision is carried out starting from micro analysis to area management, thus being able to reduce the level of problem financing. Limited human resources and customer understanding regarding sharia principles in murabahah contracts. It can be concluded that risk supervision at Bank Syariah Indonesia in the Pematang Siantar area is generally effective in maintaining the quality of the Islamic microfinance portfolio, and Islamic financial literacy is needed for customers.Â Keywords: risk supervision; islamic microfinance; murabahah contract; islamic bankÂ Abstrak: Penelitian ini bertujuan untuk menganalisis pengawasan risiko pembiayaan mikro syariah melalui akad murabahah pada Bank Syariah Indonesia Area Pematang Siantar. Metode penelitian yang digunakan adalah kualitatif dengan pendekatan empiris, melalui studi dokumen, wawancara, serta observasi pada mekanisme pembiayaan. Hasil penelitian menunjukkan bahwa Bank Syariah Indonesia Area Pematang Siantar telah menerapkan pengawasan risiko melalui proses analisis kelayakan, pemantauan pembiayaan berbasis sistem, serta evaluasi terhadap kelayakan nasabah. Pengawasan internal dilakukan mulai dari analis mikro hingga manajemen area, sehingga mampu menekan tingkat pembiayaan bermasalah. Keterbatasan sumber daya manusia dan pemahaman nasabah terkait prinsip syariah dalam akad murabahah. Dapat disimpulkan bahwa pengawasan risiko di Bank Syariah Indonesia Area Pematang Siantar secara umum efektif menjaga kualitas portofolio pembiayaan mikro syariah, dan diperlukan literasi keuangan syariah kepada nasabah.Â Kata kunci: pengawasan risiko; pembiayaan mikro syariah; akad murabahah; bank syariah

Legal Review of the Settlement of Sharia Mortgage Defaults Based on DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000 Nasution, Emmi Rahmiwita; Muhtadi, Muhamad Ammar; Arini, Rani Eka
West Science Law and Human Rights Vol. 3 No. 04 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i04.2337

This study examines the legal framework governing the handling of defaults in Sharia mortgage contracts, focusing on the interpretation and application of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. Using a normative juridical approach, the research analyzes how Islamic financial institutions address customer defaults (wanprestasi) in a manner consistent with Sharia principles and national banking regulations. The study explores the fatwa’s relevance in regulating sanctions, ensuring fairness, and preventing elements of riba while maintaining the stability of the Islamic financial system. The findings reveal that DSN-MUI Fatwa No. 17 provides clear moral and legal guidance for handling defaults through non-ribawi sanctions, such as fines dedicated to social purposes. However, discrepancies still exist between the fatwa’s moral prescriptions and its implementation due to the lack of detailed operational procedures within national law. The study concludes that better integration between Sharia norms, DSN-MUI fatwas, and Indonesian financial regulations is necessary to enhance the effectiveness, justice, and legal certainty in handling Sharia mortgage defaults.

Structure of Guarantees in Business Transactions in Indonesia in Indonesian Law Nasution, Emmi Rahmiwita
West Science Interdisciplinary Studies Vol. 1 No. 12 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i12.422

Using a quantitative analytic methodology, this study examines how assurances are arranged in economic transactions inside Indonesian legal frameworks. Based on a review of a variety of datasets, the study reveals that personal guarantees are the most common kind, followed by bank and corporate guarantees. Different industries' patterns of guarantee utilization show different frequency of use, with the real estate and finance sectors showing a greater reliance. While 75% of compliance is considered satisfactory, there are cases of non-compliance due to ambiguity in legal terms. These results highlight the need for sector-specific laws, improved legal clarity, and ongoing stakeholder education. This study offers policymakers and stakeholders useful information to improve the guarantee structure and provide a flexible and robust legal framework for business dealings in Indonesia.

Analysis of the Role of Regulations for the Protection of Intellectual Property Rights and Technological Innovation on the Protection of Creativity in the Television Industry in Indonesia Nasution, Emmi Rahmiwita; Mokodenseho, Sabil; Manoppo, Sinta; Paputungan, Siti Nisroha; Mokodompit, Nurcahyani
West Science Interdisciplinary Studies Vol. 2 No. 03 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i03.740

The Indonesian television industry is undergoing significant transformation fueled by technological innovation and evolving regulatory frameworks surrounding intellectual property rights (IPR) protection. This research investigates the regulatory role of IPR protection and technological innovation on creativity within the Indonesian television sector through quantitative analysis. A sample of 150 stakeholders representing various industry segments participated in the study. Descriptive statistics, correlation analysis, and regression analysis were employed to examine the relationships between IPR protection, technological innovation, and creativity. The findings reveal positive correlations between IPR protection, technological innovation, and creativity, with stronger IPR protection and greater technological innovation associated with higher levels of creativity. Regression analysis further demonstrates the predictive power of IPR protection and technological innovation on creative output within the industry. These results underscore the importance of supportive regulatory environments and technological advancement in fostering creativity and innovation within the Indonesian television industry.

Structure of Guarantees in Business Transactions in Indonesia in Indonesian Law Nasution, Emmi Rahmiwita
West Science Interdisciplinary Studies Vol. 1 No. 12 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i12.422

Using a quantitative analytic methodology, this study examines how assurances are arranged in economic transactions inside Indonesian legal frameworks. Based on a review of a variety of datasets, the study reveals that personal guarantees are the most common kind, followed by bank and corporate guarantees. Different industries' patterns of guarantee utilization show different frequency of use, with the real estate and finance sectors showing a greater reliance. While 75% of compliance is considered satisfactory, there are cases of non-compliance due to ambiguity in legal terms. These results highlight the need for sector-specific laws, improved legal clarity, and ongoing stakeholder education. This study offers policymakers and stakeholders useful information to improve the guarantee structure and provide a flexible and robust legal framework for business dealings in Indonesia.

Analysis of the Role of Regulations for the Protection of Intellectual Property Rights and Technological Innovation on the Protection of Creativity in the Television Industry in Indonesia Nasution, Emmi Rahmiwita; Mokodenseho, Sabil; Manoppo, Sinta; Paputungan, Siti Nisroha; Mokodompit, Nurcahyani
West Science Interdisciplinary Studies Vol. 2 No. 03 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i03.740

The Indonesian television industry is undergoing significant transformation fueled by technological innovation and evolving regulatory frameworks surrounding intellectual property rights (IPR) protection. This research investigates the regulatory role of IPR protection and technological innovation on creativity within the Indonesian television sector through quantitative analysis. A sample of 150 stakeholders representing various industry segments participated in the study. Descriptive statistics, correlation analysis, and regression analysis were employed to examine the relationships between IPR protection, technological innovation, and creativity. The findings reveal positive correlations between IPR protection, technological innovation, and creativity, with stronger IPR protection and greater technological innovation associated with higher levels of creativity. Regression analysis further demonstrates the predictive power of IPR protection and technological innovation on creative output within the industry. These results underscore the importance of supportive regulatory environments and technological advancement in fostering creativity and innovation within the Indonesian television industry.

The Role of Competition Law in Encouraging Innovation and Competitiveness of Companies in West Java Nasution, Emmi Rahmiwita; Siburian , Henry Kristian; Judijanto, Loso; Sugianto, Efendi
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i04.320

This study explores the complex relationships that exist between innovation, competitiveness, and competition legislation in West Java, Indonesian businesses. West Java's varied industrial landscape makes it a perfect place to study how competition legislation influences creativity and competitiveness. Using a mixed-method approach, the study combines survey data that is quantitatively collected with qualitative information obtained through interviews. The results show that a sizable majority of West Javan businesses have a favorable opinion of competition legislation and see it as a tool for ensuring openness and fair competition. Notably, a significant fraction of these businesses also devote a notable amount of their resources to research and development (R&D) and actively participate in innovation activities. According to the survey's findings, firms may be encouraged to invest in innovation by competition laws that are properly implemented, which is consistent with neoclassical economic theory. In spite of the favorable attitudes and investments in innovation, there are differences amongst West Javan enterprises in competitiveness metrics like market share and profitability. This highlights the intricate connection—which varies depending on the sector and industry—between company competitiveness and competition legislation. Qualitative insights gleaned from interviews shed light on the dynamics and obstacles unique to the industry, highlighting the necessity of customized strategies for competition law enforcement. The paper also outlines obstacles, including a lack of knowledge about competition law among enterprises, resource limitations that regulatory bodies must deal with, and worries about intellectual property protection in very competitive markets. These results highlight the need of raising awareness and developing capacity among regulatory agencies as well as businesses. The research has consequences for policymaking as well, pointing to the need for programs to raise business understanding, provide funding to regulatory bodies, and create safeguards for intellectual property rights. The study adds to our knowledge of how competition legislation affects corporate behavior and offers insightful information that can guide regulatory strategies in developing nations like West Java.

The Role of the Public Works and Spatial Planning Department in the Spatial Plan Local Regulations of Asahan Regency Nasution, Emmi Rahmiwita; Purnamawati, Evi; Situmorang, Robinson
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.531

This study focuses on the Public Works and Spatial Planning Office's role in the existing Spatial Planning Regional Regulation in Asahan Regency, especially in its amendments. The changes are intended to harmonize, synchronize and harmonize the spatial planning regulations that the Regional Government of North Sumatra Province has issued. The research method used is the empirical method, considering the Settlement of the Formation of the Civil Code, and the empirically symptomatic law. These, namely various legal factors influence it, so the study will lead to the role of organizations and legal institutions when enforcing the law. The results show that changes to the Asahan District Civil Code have been implemented based on the proposals from the PUPR Service so that the role of the PPUPR Office has been achieved, namely planning, informative, and indicative. For implementation, there are also obstacles encountered, such as the limited budget ceiling, the issuance of changes to the Procedure for the Implementation of Strategic Environmental Studies (KLHS), the limited number of employees in the field of spatial planning who have spatial planning legal competence and the lack of financial support for education and training in the field of spatial planning by local governments.

Title

Found 29 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 29 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 29 Documents
Search