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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM Jurnal Ilmiah Hukum LEGALITY Jurnal Jatiswara GANEC SWARA JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Kompilasi Hukum Jurnal Risalah Kenotariatan Jurnal Hukum Agama Hindu Widya Kerta Perspektif Hukum Jurnal Hukum dan Etika Kesehatan (JHEK) Journal of Innovation Research and Knowledge Innovative: Journal Of Social Science Research Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Lex Journal : Kajian Hukum dan Keadilan Jurnal DIskresi
Rachman Maulana Kafrawi
FHISIP Universitas Mataram
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Perspektif Hukum

 1 
Implikasi Pencegahan ke Luar Negeri bagi WNI yang Terlibat Persoalan Hukum berdasarkan Perspektif Hak Asasi Manusia Rachman Maulana Kafrawi; Bambang Ariyanto; Kamarudin
Perspektif Hukum VOLUME 21 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i1.24

Abstract

The function and role of Indonesian immigration is to prevent, as a traffic controller people enter or leave the territory of the Republic of Indonesia in accordance with what is stated in the Law Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This legal research focused on knowing the implications of prevention abroad for Indonesian citizens abroad based on a human rights perspective. The research method used is normative juridical. This research concludes that the regulations in Indonesia which regulate the prevention of Indonesian citizens abroad is in accordance with the values and norms contained in the in the state ideology, namely Pancasila and the state Constitution, namely the 1945 Constitution prevention carried out by immigration officers to people suspected of being involved in cases The law that will go outside the territory of the Indonesian state is in accordance with the applicable rules. Then related to prevention, it is also not a form of limiting human rights, because human rights are Indonesia is a human rights balance with its human obligations as a member of society. The use of human rights in Indonesia cannot be carried out without paying attention to human rights obligations, in other words, human rights cannot be used absolutely.
Perlindungan Masyarakat Hukum Adat di Wilayah Pesisir Pasca Berlakunya UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Mohammad Zamroni; Rachman Maulana Kafrawi
Perspektif Hukum VOLUME 21 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v21i2.99

Abstract

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.
Kajian Yuridis Badan Bank Tanah dalam Hukum Agraria Indonesia Kafrawi; Rachman Maulana Kafrawi
Perspektif Hukum VOLUME 22 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v22i1.119

Abstract

The problem of land acquisition is a problem that always arises in development activities. The emergence of land speculators who take advantage of the project infrastructure development. In the end, this causes development projects to be difficult to implement, and even fail or be abandoned altogether. Therefore, in Law Number 11 of 2020 concerning Job Creation, the government establishes a land bank agency that functions as land manager. The result of this research is that the existence of a land bank agency has existed both constitutionally in the Indonesian agrarian law system, namely in Article 33 Paragraph (3) of the 1945 Constitution, which is then implicitly enshrined in Article 2 paragraph (2) of the UUPA. The land bank agency is a form of authority of the State Controlling Rights over Land (HMN) which carries out the function as land manager. The regulation of land bank entities in Law Number 11 of 2020 concerning Job Creation places investment as a top priority, in addition to several other objectives, such as public interests, social interests, national development interests, economic equity, land consolidation and agrarian reform. This is different from the concept of land banks in several other countries, such as the Netherlands, Sweden and the United States, which are broadly focused on welfare. The implementation of land banks in these countries is very dependent on the needs of the community in a particular area, because that will determine the objectives and focus of the land bank specifically.
Problematika Kepatuhan Pejabat Tata Usaha Negara dalam Eksekusi Putusan Pengadilan Tata Usaha Negara Amalia, Riska Ari; Ashari, Ashari; Kafrawi, Rachman Maulana; Setiawan, Agung
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.278

Abstract

The regulation of the execution of State Administrative Court (TUN) decisions in Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 on State Administrative Court does not include a mechanism for executing TUN decisions, which in practice has caused many problems that undermine legal certainty and justice for the public. The focus of the writing is to provide an understanding to the public about the urgency of implementing execution in administrative court decisions. The main issues include two aspects: the obstacles faced by administrative officials in executing administrative court decisions, and solutions to address the compliance problems of administrative officials in executing administrative court decisions. The research method used is a normative research method. The research findings indicate that the obstacles in the implementation of TUN Decisions are due to the non-compliance of TUN officials and the lack of enforcement power for TUN decisions. The solution to address the compliance issues of TUN officials in executing TUN Decisions is to file a maladministration complaint with the Indonesian Ombudsman to exert pressure and revise the PTUN law to provide enforcement measures against the relevant TUN officials.
Resolution of Disputes Regarding the Election of Village Head in Villages in Pringgasela District, East Lombok Regency: Penyelesaian Sengketa Pemilihan Kepala Desa di Desa Sekecamatan Pringgasela Kabupaten Lombok Timur Kafrawi, Rachman Maulana; Sarkawi; M. Saleh; HA Khair; Marsal, Antonino Pedro
Perspektif Hukum VOLUME 25 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i1.332

Abstract

The implementation of the Village Head Election is also a manifestation of the community at the village level practicing direct politics. Based on Law Number 6 of 2014 concerning Villages (Village Law), the regulation of village head elections begins with nomination, voting and determination. However, the regulation regarding the resolution of disputes over the results of village head elections is not included in the Village Law. The regulation regarding disputes over the results of village head elections is stated in Article 37 paragraph (6) of the Village Law. In this article, the authority to resolve disputes over the results of village head elections is the authority of the regent/ mayor. Furthermore, regarding the time period for resolving disputes over the results of village head elections for 30 (thirty) days. This research is based on reports of disputes over village head elections. For this reason, it is necessary to resolve disputes over village head elections in accordance with procedures and laws and regulations. This research is anormative research. The results of this study are expected to be the Settlement of Village Head Election Disputes in accordance with applicable Procedures and Laws.
Co-Authors Abdul Khair AD. Basniwati AD. Basniwati AGUNG SETIAWAN agung setiawan Agung Setiawan Amalia, Riska Ari Ari Amalia, Riska Ashari Ashari Ashari Ashari Baiq Safira Putri Salsabila Baiq Safira Putri Salsabila Bambang Ariyanto Bambang Ariyanto BAMBANG ARIYANTO, BAMBANG Cahyowati, RR. Chrisdianto Eko Purnomo Chrisdianto Eko Purnomo Galang Asmara Galang Asmara HA Khair Haeruman Jayadi Haeruman Jayadi Iskandar Sukmana Iswathoni, Juniar Johny Koynja Kafrawi Kafrawi Kafrawi Kamarudin Khairul Umam Khairul Umam Koynja, Johny M. Saleh M. SALEH Marsal, Antonino Pedro Minollah Minollah Minollah Minollah Minollah Minollah Mohammad Zamroni Mohammad Zamroni Muhammad Paizir Muhammad Paizir Muhammad Purhadi Anugrah Muhammad Purhadi Anugrah Nikmah Mentari Rahmadani Rahmadani Rahmadani RAHMADANI RAHMADANI Rahmadani Rahmadani Rikiandi Sopian Maulana Rikiandi Sopian Maulana Sarkawi Solly Aryza Taufik, Zahratul’ain Wisnu Hilmantio Wisnu Hilmantio