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Internalization of Animal Welfare Norms: Legal Protection Against Animal Mistreatment Setiabudhi, Donna Okthalia; Irwansyah, Irwansyah; Yunus, Ahsan
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 4 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no4.3205

Abstract

Animal welfare has important aspects in measuring the effect on animals in different situations and environments from an animal’s point of view. Ignoring animal welfare, both livestock and slaughter animals will lead to fear, stress and pain in animals during the process of slaughtering, transporting, marketing and supplying poor feed and water. The type of research is socio-juridical, carried out in North Sulawesi Province with the practice of slaughtering animals which was considered sadistic and received international criticism. The results show that the efforts to protect animals in order to realize animal welfare can be carried out by establishing laws and regulations. Specifically, regulate animal protection so that disharmony does not occur with the substance of the law, multiple interpretations. Animals, in this sense, are subjects for the spread of disease, rather than as objects for contracting the disease, especially from humans. In Indonesia, factors that cause weaknesses in animal protection are sanctions applied, the lack of knowledge and understanding of law enforcement officials.
NAVIGATING JUSTICE AND LEGAL EQUILIBRIUM IN AUTOMATIC PRICING ALGORITHMS: A CROSS BORDER LEGAL APPROACH Eviani, Nanda Yuniza; Yunus, Ahsan; Hafizhah, Noor Ashma; Irwansyah, Irwansyah
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3380

Abstract

Automatic pricing algorithms with artificial intelligence (AI) technology in e-commerce have a significant impact on the running of the industry. This creates benefits as well as reaps polemics. Discrimination against consumers is one of them. For this reason, comprehensive treatment is needed to prevent negative impressions from occurring and can lead to the creation of justice and fairness. This research is normative qualitative research with the support of case and comparison approaches. The research results show that the algorithm uses AI to set prices based on market factors, production costs, and competition, providing price flexibility, price relevance, and increased business efficiency. Positive impacts include increased efficiency, price relevance, and consumer reach, while negative impacts involve the risk of discrimination and supervisory difficulties. Regulation and supervision are needed to maintain justice and legal balance. Unfair competitive practices, such as sudden price fluctuations, need to be monitored. Explicit regulations are needed to address the gap between AI developments and the existing legal framework. The implementation of automatic pricing algorithms must pay attention to aspects of justice and legal balance.
The Police Authority in Granting Crowd Permit in The Makassar Port Police Area Ammar Athief; Aspan, Zulkifli; Yunus, Ahsan; Nur Annisa, Arini
Jurnal Ilmu Kepolisian Vol 18 No 3 (2024): Jurnal Ilmu Kepolisian Volume 18 Nomor 3 Tahun 2024
Publisher : Sekolah Tinggi Ilmu Kepolisian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35879/jik.v18i3.517

Abstract

Makassar City as the largest city in Eastern Indonesia is known to have a high crime rate. On the other hand, the most common and often faced community dynamics in Makassar city is community mobility that triggers crowds. So as a preventive effort, the police have the authority to issue a crowd permit to regulate community activities. This research aims to analyze the regulations and mechanisms for granting crowd permits and to identify the methods of police supervision of crowd activities in the Makassar Port Police area. The type of research used is empirical juridical research. Data collection is done through interviews and observations. The technique of analyzing research data starts from data reduction, data presentation, to verification and conclusion drawing. The results showed that: (1) Regulations in granting crowd permits are regulated in Law of the Republic of Indonesia Number 2 of 2002 concerning the Indonesian National Police and several Field Guidelines of the National Police Chief. The mechanism for granting permits includes: First, the criteria for activities are given for activities with large masses. Second, the flow of services has been listed in the task guidelines with clear steps. (2) Supervision of crowd activities is carried out through open maintenance of public security and order by the Samapta Bhayangkara (Sabhara) unit and closed by the Intelligence and Security Unit and the Criminal Investigation Unit. Meanwhile, supervision of police members is carried out through control by police administrative staff, discipline enforcement by the Profession and Security Unit, and post-activity and periodic consolidation and evaluation once a year. Thus, the authority of the Police in granting crowd permits in the Makassar Port Police area has been running well, although there are still shortcomings in terms of supervision, especially time security and police availability to accompany crowd activities until completion.
Juvenile Criminal Responsibility in Justice Systems: A Comparative Study of Judicial Interpretations in Indonesia and Australia Muchtar, Syamsuddin; Irwansyah, Irwansyah; Yunus, Ahsan; Pratiwi Arifin, Arnita; Faried, Markham
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.387

Abstract

This study explores the intersection balance between legal frameworks and customary obligations in the imposition of additional punishment by judges, particularly in the context of juvenile justice in Indonesia. As a normative-legal research, this study employs philosophical, theoretical, and conceptual approaches to examine how juvenile criminal justice systems of Indonesia and Australia, with focus on the Provinces of Bali and West Papua, where indigenous and local knowledge play a significant role in shaping judicial decisions. The findings reveal that Indonesian judges incorporate theological, sociological, and legal considerations when determining juvenile criminal responsibility. By blending community norms with legal principles, they aim to ensure justice that aligns with societal values. This approach underscores the significance of harmonizing legal decisions with local cultural expectations, fostering a restorative justice model that prioritizes rehabilitation over punishment. In contrast, Australia’s juvenile justice system emphasizes formal legal procedures and rehabilitation but does not integrate local cultural norms as extensively as Indonesia. By comparing these two systems, the study provides valuable insights into how legal frameworks can adapt to diverse cultural contexts while upholding universal principles of justice. This research enriches the global discourse on juvenile justice, highlighting Indonesia's experience as a compelling example of a legal system striving for justice through a culturally sensitive and restorative approach.
Safeguarding Fishermen's Livelihoods: A Human Rights Approach Against Coastal Reclamation Palilingan, Toar Neman; Pinori, Josepus Julie; Lengkong, Natalia Lana; Yunus, Ahsan; Setiabudhi, Donna Okthalia
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2330

Abstract

Introduction: Coastal reclamation has become a controversial issue with significant impacts on the lives of local fishermen. Reclamation activities aimed at regional and economic development often neglect the rights of traditional fishermen who depend on the sea for their livelihoods, leading to conflicts between development interests and the protection of human rights, particularly the rights of local fishermen.Purposes of the Research: This study aims to analyze the legal protection of fishermen in the context of reclamation in North Sulawesi, focusing on a human rights perspective.Methods of the Research: The research employs a normative juridical approach, examining relevant legislation related to reclamation and fishermen's rights, as well as analyzing the implementation of laws in practice.Results of the Research: The findings reveal that reclamation in North Sulawesi presents two conflicting sides. On one hand, it offers significant economic benefits to the state, but on the other hand, it poses a risk of human rights violations, particularly for coastal fishermen. The negative impacts of reclamation are evident in the decline in fishermen's income and the increase in living costs since the project was implemented. Legal protection of fishermen's human rights must be enforced through strict sanctions, including substantial fines, against parties who fail to fulfill their obligations to the fishermen.
Institutionalizing Customary Land Rights: Insights from the Hatam Tribe’s Ulayat Rights, West Papua Yunus, Ahsan; Ibrahim, Nanang
Amanna Gappa VOLUME 33 NOMOR 1, 2025
Publisher : Fakultas Hukum Universitas Hasanuddin

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

Abstract

The marginalization of indigenous ulayat rights in Indonesia, particularly among the Hatam Tribe in Manokwari Regency, highlights critical gaps in legal recognition and socio-political inclusion, underscoring the urgent need for institutional frameworks that balance traditional practices with modern governance. This study seeks to address this gap by providing an in-depth analysis of the distinctive challenges and opportunities involved in institutionalizing customary law for the Hatam Tribe. The research focuses on examining the institutionalization process of the Hatam Tribe’s customary law in Prafi District, Manokwari Regency, West Papua, Indonesia. Using an empirical approach, the study gathered data from respondents representing the Manokwari Traditional Institution, the local government, and the community. A qualitative descriptive analysis was employed to interpret the findings. The results show that institutionalizing the ulayat (customary land) rights of the Hatam Tribe requires prioritizing justice by fostering collaboration between government bodies and indigenous communities to identify and validate these rights while ensuring comprehensive legal protection. Additionally, systems should be implemented to empower the Hatam Tribe to independently manage and benefit from their natural resources. This process must uphold and integrate local wisdom and traditional legal frameworks to preserve the tribe's cultural practices and social structures. Consequently, the institutionalization of ulayat rights should transcend mere formal recognition, aiming instead to achieve tangible social and economic justice for the indigenous community.
RELASI NEGARA DAN AGAMA DALAM PERATURAN DAERAH BERNUANSA SYARIAH: PERSPEKTIF PANCASILA Patittingi, Farida; Irwansyah, Irwansyah; Hasrul, Muhammad; Arisaputra, Muhammad Ilham; Yunus, Ahsan
Pancasila: Jurnal Keindonesiaan Vol. 1 No. 1 (2021): VOLUME 1 ISSUE 1, APRIL 2021
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/pjk.v1i1.1

Abstract

Penelitian ini bertujuan untuk menganalisis dan evaluasi Peraturan Daerah Kabupaten EnrekangNomor 5 Tahun 2005 tentang Pandai Baca Al-Qur’an dan relevansinya terhadap nilai-nilaiPancasila. Penelitian ini adalah metode penelitian yuridis normatif. Pendekatan menggunakanpendekatan perundang-undangan, pendekatan konseptual, dan pendekatan analitis. Hasilpenelitian menunjukkan bahwa indikator nilai dalam Pancasila, jika dikontekstualisasikandengan Peraturan Daerah tentang Pandai Baca Al-Qur’an di Kabupaten Enrekang, terdapatbeberapa indikator yang tidak sejalan, bahkan dapat dikatakan cenderung bernuansadiskriminatif. Perda yang diterbitkan pada suatu daerah tidak boleh mengatur untuk 1 (satu)golongan saja, namun harus mampu menjangkau seluruh lapisan masyarakat tanpa mengenalperbedaan suku, agama, ras, dan golongan. Dapat pula dikatakan tidak memberikan keadilansecara lahir maupun batin terhadap pemeluk agama Islam oleh sebab adanya beberapapenambahan persyaratan pada wilayah-wilayah tertentu. Terdapat ketentuan sanksi yang dapatmenggugurkan pemeluk agama Islam untuk berkompetisi pada sektor tertentu.
The Prudential Principle of Land Deed Official in Drafting Agreement: Minors Protection and the Role of the Orphans Chamber Pati, Sakka; Miru, Ahmadi; Marwah, Marwah; Yunus, Ahsan; Yasin, Rifky Adam
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.45102

Abstract

Land Deed Officials are required to act diligently and professionally, adhering strictly to the principle of prudence when preparing sale and purchase deeds, particularly those involving property owned by minors. According to the Indonesian Civil Code, guardians must notify the Orphans Chamber (Balai Harta Peninggalan) and conduct the transaction in the presence of a supervising guardian when selling immovable property belonging to minors. However, in practice, such transactions often bypass the Orphans Chamber, raising legal concerns due to the potential for guardians to misuse the proceeds from the sale. This study explores how Land Deed Officials implement the prudential principle in drafting deeds for the sale of minors' property. Using qualitative methods, the research analyzes relevant legal frameworks, sale documents, and interviews with Land Deed Officials, Orphans Chamber representatives, and guardians. The findings reveal that the application of prudence by Land Deed Officials remains suboptimal. Many rely solely on court decisions authorizing parental guardianship, overlooking the legally mandated role of the Orphans Chamber in safeguarding the interests of minors. The study underscores the critical need for supervisory oversight to ensure the protection of children’s rights in property transactions.
Multilayered Democracy in Papua: A Comparison of "Noken" System and Electoral College System in the United States Yunus, Ahsan
Hasanuddin Law Review VOLUME 6 ISSUE 3, DECEMBER 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v6i3.2892

Abstract

The elucidation of understanding popular sovereignty through the implementation of democratic principles when applied to a pluralistic Indonesian society requires a comprehensive study. This study is a normative-legal research by using statute, case, and conceptual approaches. This paper provides information on the latest trend in research. The results show that the characteristics of the general election by Noken system are in line with the Electoral College system to presidential elections in the United States, especially in the Noken system as represented by the chieftain (election by the big man). The Noken system is the result of the relations of political culture and the strengthening of local democracy. Hence, the constitutionality of Noken system is a translation of the constitution that pays attention to the social diversity that lives in society. Not only in the context of general elections, but in every aspect of national and State life, as more attention is given to the constitution of social diversity in society (constitutional pluralism).