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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Indonesia Law Review (ILREV)
Safaat, Rachmad
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Access to Ecological Justice for the Marginalised People of Indonesia: Is It a Genuine or Pseudo Recognition and Protection? I Nyoman, Nurjaya; Safaat, Rachmad
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism in respect and recognition of their basic legal rights in controlling and utilizing natural environment and resources for survival. Furthermore, access to justice means strengthening the fair involvement of the people with respect to preserving and managing the natural environment for sustainable development as to fulfill human rights as reflected in the State’s Constitution and legislation. In the context of Indonesia, the above mentioned rights of the people and communities to ecological justice are clearly articulated in the 1945 Constitution. The paper attempts to convey a critical analysis as to whether the 1945 Constitution provides a genuine or pseudo respect and recognition in relation to access to ecological justice of the people and particularly for marginalized people, namely indigenous people (masyarakat adat) in the multicultural state of Indonesia.
Perlindungan Hukum Terhadap Bank Pembayar Talangan Haji Muhammad, Ilyas; Winarno, Bambang; Safaat, Rachmad
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.793 KB) | DOI: 10.17977/um019v5i2p314-323

Abstract

This study discusses legal protection for banks with the status of BPS BPIH in curbing haj bailout financing that has passed the provisions of the Indonesian Ministry of Religion, in Article 12A paragraph (3) of the Regulation of the Minister of Religion Number 24 of 2016 which formulates “In the event that there are still haj bailout funds has not been resolved after the deadline as referred to in paragraph (2) the portion number for Pilgrims is still active ”. This study uses a normative juridical method with a statutory approach and a conceptual approach. The result is legal protection for BPS BPIH in obtaining its right to obtain certainty of repayment of funds for financing the status of the portion of the hajj is still active as regulated in Article 12A paragraph (3) of the Regulation of the Minister of Religion Number 24 of 2016. The formulation of the settlement of haj bailout financing through the fulfillment of formal requirements the formation of legislation by involving the financial services authority in the company, and the material requirements, namely by accommodating the rights of all stakeholders of haj bailout financing.
Co-Authors I Nyoman, Nurjaya Muhammad, Ilyas Winarno, Bambang