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All Journal Pembaharuan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Tribuere
Mariane, Irene
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Humanities Law, Crime, Criminology & Criminal Justice

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Problems of Converting Agricultural Land and the Need to Anticipate Its Control After the Enactment of the Job Creation Law Mariane, Irene; Sumanto, Listyowati; Probondaru, Ignatius Pradipa; Idris, Siti Hafsyah binti
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10473

Abstract

The main problem that farmers face now is the conversion of land function from agricultural to non-agricultural ones because of conflicts of interests. Behind this problem, there is an increase in demand for lands as a result of economic and population growths, leading to food security and import dependence threats. Therefore, protecting agricultural lands becomes more and more urgent to ensure the national food security. This research aims to identify the arising problems regarding the conversion of agricultural land function and the need to anticipate its control upon the enactment of Law Number 11 of 2020 concerning Job Creation. This research applied a normative research method using statute approach. The data it used consisted of primary legal materials such as Law Number 11 of 2020 on Job Creation, and its derivative regulations such as Government Regulations (GR) and one Ministerial Regulation as technical operating references. The data were collected by reviewing the literature and studies, using qualitative analysis, including content analysis to evaluate information objectively. The conclusion was drawn deductively, from general ideas to specific findings. An in-depth investigation was carried out into the relevant legal facts using frame analysis, which limited the scope of studies and attempted to find solutions to the arising issues. The research found that upon the enactment of Job Creation Law, a significant change occurred in the regulations on agricultural land conversion in Indonesia. This led to new challenges in managing the land conversion and required anticipatory measures. Tight monitoring on the agricultural land usage and establishment of a specific institution to manage the state’s agricultural lands are needed. Through farmers’ and community’s active participation, it is expected that the government’s programs can be more responsive to local needs and maximize the use of limited resources.
THE LEGAL PHILOSOPHY OF ENVIRONMENTAL MANAGEMENT BASED ON PANCASILA JUSTICE Mariane, Irene
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.38699

Abstract

Social justice in the environmental sector is a collective right, community empowerment in environmental management is a form of fulfilling community rights, especially communities whose areas have an impact on environmental exploitation. The aim of this research is to determine and analyze sustainable development in environmental protection and management in Indonesia, as well as to understand and analyze the legal philosophy of environmental management based on Pancasila justice. The approach method used in this research is normative legal research. The results of this research are the need for a holistic approach in environmental management and improving the quality of human resources to support sustainable environmental management, as well as integrating the principles of Pancasila with the concept of sustainable development and environmental management in Indonesia. Sustainable development aims to improve the quality and function of the environment, including its natural resources. The explanation, practice or application of Pancasila values in aspects of environmental management cannot be separated. The application of just and civilized human principles in everyday life can be realized in the form of concern for everyone's right to a good and healthy living environment; everyone's right to obtain environmental information relating to their role in environmental management; the right of every person to play a role in environmental management in accordance with applicable legal provisions
The Philosophical Foundation of Intellectual Property Rights Protection Setyaningsih, Setyaningsih; Nugrahani, Aline Gratika; Mariane, Irene
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4643

Abstract

The communal system that lives in Indonesian society creates a view and culture that seems to oppose the presence of IPR because of its individuality. Enforcement of IPR protection in Indonesia is still a big homework for the Indonesian government in the midst of the communality of Indonesian society. On the other hand, the pressure of large countries has triggered the imposition of IPR regulations in Indonesia. As a result, Indonesia always holds the status of priority watch list. This paper discusses the philosophical basis for IPR protection in accordance with the character of Indonesian society. This paper will also examine how religion views the concept of IPR protection. So that IPR can be well received and grow properly in Indonesia. The writing uses normative research methods. Finally, it can be concluded that the MUI fatwa which prohibits and forbids the use of Intellectual Property Rights belonging to others without permission, is a strong foundation to sensitize Indonesian society as a religious society that is very obedient to its religious teachings to comply with the protection of Intellectual Property Rights.
Urban Agrarian Reform as a Legal Effort by Communities to Defend Their Land Tenure Rights Mariane, Irene
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4644

Abstract

Urban agrarian reform is a significant issue in Indonesia, often overshadowed by rural land disputes. Rapid urbanization in major cities such as Jakarta, Surabaya, and Bandung has led to complex land conflicts, particularly affecting people living in informal settlements with unclear land ownership status. This study aims to explore the legal measures available to urban communities to defend their land rights amidst forced evictions and inadequate relocation solutions. Using a literature review approach, data was collected from academic journals, books, policy reports, and official government documents. The analysis identified key themes such as unclear land ownership status, inadequate compensation, and relocation, as well as the legal barriers faced by affected communities. The findings highlight the need for transparent mediation processes, fair compensation, and effective land titling programs to ensure social justice and sustainable urban development. By strengthening civil society organizations and fostering collaboration between government, communities, and NGOs, the study proposes strategies to improve the effectiveness of urban agrarian reform in Indonesia
PENYELESAIAN WANPRESTASI ANGGOTA KOPERASI PEGAWAI KEMENTERIAN KOORDINATOR BIDANG PEREKONOMIAN DALAM PERJANJIAN PEMINJAMAN UANG Purba, Mayesti Estelita; Mariane, Irene
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20104

Abstract

The Employee Cooperative of the Coordinating Ministry for Economic Affairs is a cooperative formed based on equal status as employees. This certainly increases the management's confidence in providing loans to members because there is a guarantee that they will carry out their obligations in good faith. The Cooperative Management recorded the number of defaults from 2018 to 2023 amounting to IDR 2,447,570,868.33,- with the number of members who defaulted as many as 90 people. The main issues that will be raised in this research are how to resolve defaults by members of the Employee Cooperative of the Coordinating Ministry for Economic Affairs in money lending agreements and what efforts are made by the management of the Employee Cooperative of the Coordinating Ministry for Economic Affairs if the efforts to resolve the default that have been made do not bring the expected results. This thesis was written using descriptive normative legal research methods, using primary and secondary data, analyzed qualitatively and drawing conclusions based on deductive logic. From the results of the research carried out, it was concluded that the settlement efforts carried out by the Coordinating Ministry for Economic Affairs Employee Cooperative management were non-litigation efforts or out-of-court settlements that prioritized the principle of kinship, namely notification of loan arrears, sending letters of warning, rescheduling or rescheduling, cutting deposits, and persuasive efforts, namely debt collection by the chairman of the cooperative management. However, if the efforts made by the savings unit management have not brought the expected results, the cooperative management can cut salaries, re-implement auto-debit, re-implement principal and mandatory savings, establish collateral, monitor loan repayment regularly, apply the principles of healthy lending. , as well as implementing the 3Rs, namely rescheduling (rescheduling debt payment times), reconditioning (readjusting the terms of money loan agreements), and restructuring (rearranging with additional loan facilities).
Co-Authors Idris, Siti Hafsyah binti Ignatius Pradipa Probondaru Listyowati Sumanto Nugrahani, Aline Gratika Purba, Mayesti Estelita Setyaningsih Setyaningsih, Setyaningsih