Claim Missing Document
Check
Articles

Found 13 Documents
Search

Arbitrase sebagai Alternatif Penyelesaian Sengketa Investasi di Kawasan Industri Sumatera Utara: Studi terhadap Pelaku Usaha dan Pemerintah Daerah Safnul, Dody
JURNAL ILMIAH GEMA PERENCANA Vol 4 No 2 (2025): Jurnal Ilmiah Gema Perencana
Publisher : POKJANAS Bekerja Sama Biro Perencanaan dan Penganggaran, Sekretariat Jenderal Kementerian Agama RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61860/jigp.v4i2.335

Abstract

Increased investment in the North Sumatra industrial region brings both the potential for economic growth and the risk of disputes between business actors and the regional government. Dispute resolution through litigation is often considered inefficient due to the lengthy process, high costs, and limited technical understanding of the investment sector. This study aims to assess the effectiveness of arbitration as an alternative for resolving investment disputes in the region. Using a qualitative-descriptive approach, data was collected through in-depth interviews with business actors, regional government officials, and legal practitioners. The results indicate that although arbitration is recognized as a faster and more flexible mechanism, its utilization remains limited due to minimal publicity, the limited capacity of local arbitration institutions, and the lack of integration of arbitration clauses into regional investment contracts. This study recommends the development of regional policies that encourage the use of arbitration, increasing the capacity of regional legal resources, and strengthening cooperation between the government and business actors in drafting investment contracts that promote fair and efficient dispute resolution.
Implementation Of Environmental Administrative Law Enforcement Related To Environmental Approval And License For Environmental Protection And Management Of Palm Oil Factories In The Province Of North Sumatra Rizky, Fajar Khaify; Safnul, Dody; Meher, Montayana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4170

Abstract

Palm oil mills have become an integral part of the economy in North Sumatra Province, but the growth of this industry often has negative impacts on the environment. In this context, the implementation of environmental administration law enforcement is very important to ensure sustainable environmental protection and management. This research aims to analyze the implementation of environmental administrative law enforcement related to environmental approvals and permits for palm oil mills in North Sumatra Province. Through a qualitative approach and case studies, data was collected from various sources, including legal documents, government policies, and interviews with relevant stakeholders. The research results show that although there are strict regulations and regulations regarding environmental approvals and permits for palm oil mills, the implementation of environmental administrative law enforcement still faces challenges. Factors such as a lack of human resources, the inability of institutions to supervise effectively, and local political interference are the main obstacles to implementing effective law enforcement. However, this research also found several positive initiatives, such as increasing environmental awareness among the palm oil industry and efforts to strengthen the capacity of environmental law enforcement agencies. The resulting recommendations include expanding trained human resources, increasing transparency in the licensing process, and strengthening cooperation between government, industry, and civil society to achieve sustainable environmental management in North Sumatra Province.
Legal Study on the Limitation of Wills for Legitimate Interests Seen from the Civil Code and the Compilation of Islamic Law Difanri Ramadhan Siregar, Muhammad; Trisna Dewi , Ayu; Safnul, Dody
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.474

Abstract

A will is an instrument of inheritance law that grants the testator the authority to determine the distribution of their estate; however, such authority is limited by the rights of certain heirs known as legitimaries. In the Indonesian legal system, restrictions on wills are regulated in the Civil Code (KUH Perdata) through the concept of legitieme portie and in the Compilation of Islamic Law (KHI) through a limitation of a maximum of one-third of the estate. This article aims to examine the legal position of legitimaries, the forms of restrictions on wills, and the concept of justice in limiting wills under the Civil Code and the Compilation of Islamic Law. This study employs a normative juridical method with statutory and conceptual approaches. The findings indicate that restrictions on wills function as legal protection for legitimaries to ensure the minimum rights of heirs and to maintain a balance between testamentary freedom and justice in inheritance law.