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The Government's Role in the Protection and Management of the Environment in the Kalimas River, Surabaya Habibi, Miftakhur Rokhman; Salam, Mohammad Alfi F Z
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.7

Abstract

The government's efforts to maintain the balance of the environment in development and natural preservation are unending. This research uses a combined type of legal research between normative and empirical juridical approaches (Mixed Method). The government issued a legal product in Law No. 32 of 2009 concerning the Protection and Management of the Environment to achieve this goal. The conclusion is the formation of the basis of human ethics for the environment has a major influence in creating and shaping the environment in the future for generations to come to create a healthy and clean-living environment to be used as a place for human habitation. It can avoid some unwanted things such as bad impacts and other environmental damage that can be detrimental to the state and harm everyone who lives around the damaged environment. It is important to involve several parties in environmental management such as the government and the community.
Perlindungan Hukum bagi Pemegang Hak Cipta dan Penerapan Asas Ittikad Baik dalam Cover Lagu untuk Tujuan Komersil di Youtube Habibi, Miftakhur Rokhman
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 27 No 1 (2024): Al-Qanun, Vol. 27, No. 1, Juni 2024
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2024.27.1.93-104

Abstract

Rampant copyright infringement often occurs and is usually found on social media such as YouTube, where many songs are covered without permission from the original owner of the song. This is considered very detrimental to the owner of the original song as the holder of exclusive copyright rights, including his economic rights. The results of this study indicate that legal protection for copyright holders has been sufficiently regulated in Law Number 28 of 2014 concerning Copyright, where the Copyright Owner has exclusive rights consisting of Moral Rights and Economic Rights. If there is a violation of copyright on his work, he can take civil law action by filing a lawsuit with the Commercial Court, as well as criminal charges based on Article 113 of the Copyright Law. The application of the principle of good faith in song covers for commercial purposes on YouTube is still lacking from the song cover party as the content creator, where it was found that the singer of the song cover did not have direct permission from the creator but had dared to collaborate with YouTube as the owner of the platform.
Redesign of DPD RI’s Authority for Monitoring and Evaluation Raperda dan Perda as Derivative Supervision Mufidah, Nuruz Zakiyatul; Habibi, Miftakhur Rokhman; Sudarsono, Galih Putri; Ngaisah, Siti
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 1 (2025): Al-Qanun, Vol. 28, No. 1, Juni 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.1.73-85

Abstract

There is a change in the scheme of monitoring draft local regulations (Raperda) and local regulations (Perda) since the amendment of Law No. 17/ 2014 about MPR, DPR, DPD, and DPRD. This amendment was made through Law No. 2 /2018 by adding Article 249 paragraph (1), letter j, by providing new authority for the House of Regional Representatives (DPD RI). The new authority of the DPD RI is to monitor and evaluate the draft local regulations (Raperda) and local regulations (Perda). The problem is that in the Indonesian constitutional system, the supervision of the draft local and local regulations is not the territory of DPD RI. So, it is true that the authority is given but cannot be implemented. The research concluded that derivative supervision can help translate DPD RI’s new authority to oversee regional legal products.  
Implikasi Kedudukan KPK Sebagai Rumpun Kekuasaan Eksekutif Berdasarkan Undang-undang Nomor 19 Tahun 2019 Habibi, Miftakhur Rokhman
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 7 No. 1 (2021): Juni 2021
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2021.7.1.47-71

Abstract

The development of modern state administration constitutes new branches of power outside the Legislative, Executive and Judicial power, as well-known in the concept of “trias politica”. This branch of power is an Independent power with the emergence of a number of independent State commissions. In Indonesia, one such institution is the Corruption Eradication Commission (KPK). However, Law Number 19 of 2019 changed the KPK to become part of the executive power. So that, in this paper will discuss about the position of independent state institutions in a constitutional perspective and the implications of establishing the KPK as an executive body. This research is a normative research with the type of doctrinal research. The approach uses statutory approach and a conceptual approach. The results show that independent power does exist in the modern constitutional perspective. However, the establishment of the KPK as an independent institution in the executive clump has several implications, including the transfer of KPK's responsibility to the President, the executive forming the Supervisory Board which regulates the work procedures of the KPK and the KPK becomes the object of the DPR's inquiry rights.
Peran Perbankan Syari’ah dalam Perkembangan Perekonomian di Indonesia Habibi, Miftakhur Rokhman; Diah, Ruriana
Maliyah : Jurnal Hukum Bisnis Islam Vol. 12 No. 1 (2022): Juni 2022
Publisher : Islamic Economic Law Programs, Faculty of Sharia and Law State Islamic University (UIN) of Sunan Ampel Surabaya.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/maliyah.2022.12.1.1-25

Abstract

The existence of institutions and all the rules in which there are matters of money in the running of finance in the country, have become the most important foundation and guidance in accelerating the speed of development of a country, especially in terms of the economy. Indonesia is a country with most people embracing Islam, certainly wants a mechanism as a financial regulator. while avoiding the interest system in banking. Islam embodies the basis of sharia trading. Islamic banks appear as an answer about the cons of usury and interest in banking. So, therefore, Indonesian Muslims who want their financial operations in banks to avoid usury, do not need to worry anymore with the existence of Islamic banks or Islamic banks. The banking sector is important as a link between capital and the real results that are in the hands of capital owners. The first use of banking in a large economy must be aimed at what ways that money can be used properly as a ranking of the economy. The existence of Islamic banks cannot be separated from the plummet of the economy which was initially seen and called the monetary crisis. Islamic Bank is a bank that in running its finances, leaving all the problems of usury. In this case, the interest that is considered as usury is a challenge in these times. Islamic finance exists, based on two reasons. Due to the prohibition of taking usury in it. And because of financial transactions that have it in it, is considered to have some shortcomings.