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All Journal Yustisia Merdeka : Jurnal Ilmiah Hukum Walisongo Law Review (Walrev) Jurnal Daya Mas : Media Komunikasi dan Informasi Hasil Pengabdian dan Pemberdayaan Masyarakat SHARE Journal: Studi Hukum Keuangan Negara/Daerah
Mohammad Choirul Anam
Universitas Merdeka Madiun
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Hukum Konservasi Sumber Daya Alam : Studi Konsep Desa Konservasi Berbasis Kearifan Lokal Anam, Mohammad Choirul; Happy Ramadhani, Asa Barno; Anggoro, Bagas Sukmo; Sri Dewi, Maya Ariska; Pradita, Raynaldo Adwisa; Aji Aryasatyani, Ganesya Wahyu; Nugroho, Sigit Sapto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 6, No 1 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i1.50

Abstract

The purpose of writing this article is to find out government policies related to the management of conservation areas based on local wisdom and know the concept of conservation villages based on local wisdom. Based on the discussion results it is known that government policies in the management of conservation areas are regulated in Law Number 5 of 1990 concerning Conservation of Natural Resources Its Biodiversity and Ecosystem are aimed at achieving goals in the field of conservation. However, this Law is centralistic, where the role of government is very dominant, ignoring the rights of local / customary communities (there is no recognition and protection of access to conservation areas and the right to control and use of indigenous / local communities over Natural Resources), as well as the role of pseudo. The concept of a conservation village is an approach to a conservation model that provides opportunities for people living around conservation areas to be actively involved in efforts to manage conservation areas and at the same time as an effort to empower communities based on local wisdom. Programs in the concept of conservation villages cover the forestry and non-forestry sectors.
Implementasi Konsep Pendidikan Karakter Ki Hajar Dewantara Berbasis Nilai-Nilai Pancasila Bagi Mahasiswa Generasi Mileneal Nugroho, Sigit Sapto; Anam, Mohammad Choirul; Pudjiono, Mochammad Juli; Rahardjo, Mudji; Sukarjono, Bambang
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 6, No 2 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i2.61

Abstract

Abstract— Pancasila as the state ideology is the basic reference for all Indonesian citizens in various sectors of life. However, the fact is that currently the noble values of Pancasila are increasingly being eroded due to the influence of globalization and the rapid progress of science, technology and art which are not well filtered. To restore the value of Pancasila in the life of society, nation and state, it is necessary to implement the values of Pancasila based on character education. The purpose of writing this scientific paper is to discuss the values of national character based on Pancasila and the concept of character education based on Pancasila values for millennial generation students. The data collection method used was literature review with descriptive-critical analysis techniques. Based on the results of the research, it shows that the values contained in the Pancasila ideology can be used as a basis for character education for students, especially the millennial generation, which in its implementation uses the concept of character education from Ki Hadjar Dewantara which includes the Among and Tri-Nga systems based on the educational Tripusat, namely family, school and community. Keywords—: Pancasila Values; Character Education; Milineal Students dispute.
Pertanggungjawaban Direksi dan Komisaris dalam Kepailitan berdasarkan Prinsip Pierching The Corporate Veil Anam, Mohammad Choirul
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol 7, No 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.64

Abstract

This study aims to analyze assistance regarding the application of the principle of veil piercing to the Directors and Commissioners of the Company according to Law Number 40 of 2007 concerning Limited Liability Companies for bankruptcy work. This legal research uses juridical normative legal research which is descriptive analytical with a conceptual approach and an invited approach. Legal materials techniques use library research (library research) and are analyzed using qualitative analysis. Based on the results of the research, it shows that the enforcement violates the corporate veil, to protect the rights of shareholders for actions carried out by company organs such as Directors and commissioners who act not in accordance with company objectives. In carrying out their duties, the Board of Directors and commissioners must be based on good faith, caution and a sense of full responsibility towards the company. If the Board of Directors and Commissioners are negligent in carrying out their duties, resulting in the bankruptcy of the company. Directors and Commissioners may be subject to the principle of penetrating the corporate veil, namely personal liability to the personal assets of the Directors and Commissioners for losses incurred by the company and shareholders. This principle is used to protect the interests of the company and shareholders from actions that could harm the company by the Directors and CommissionersKeywords—: Pierching the Corporate Veil’s Principles; Responsibility; Directors; Commissioners; Bankruptcy.
Hukum Konservasi Sumber Daya Alam : Studi Konsep Desa Konservasi Berbasis Kearifan Lokal Mohammad Choirul Anam; Asa Barno Happy Ramadhani; Bagas Sukmo Anggoro; Maya Ariska Sri Dewi; Raynaldo Adwisa Pradita; Ganesya Wahyu Aji Aryasatyani; Sigit Sapto Nugroho
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 1 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i1.50

Abstract

The purpose of writing this article is to find out government policies related to the management of conservation areas based on local wisdom and know the concept of conservation villages based on local wisdom. Based on the discussion results it is known that government policies in the management of conservation areas are regulated in Law Number 5 of 1990 concerning Conservation of Natural Resources Its Biodiversity and Ecosystem are aimed at achieving goals in the field of conservation. However, this Law is centralistic, where the role of government is very dominant, ignoring the rights of local / customary communities (there is no recognition and protection of access to conservation areas and the right to control and use of indigenous / local communities over Natural Resources), as well as the role of pseudo. The concept of a conservation village is an approach to a conservation model that provides opportunities for people living around conservation areas to be actively involved in efforts to manage conservation areas and at the same time as an effort to empower communities based on local wisdom. Programs in the concept of conservation villages cover the forestry and non-forestry sectors.
Implementasi Konsep Pendidikan Karakter Ki Hajar Dewantara Berbasis Nilai-Nilai Pancasila Bagi Mahasiswa Generasi Mileneal Sigit Sapto Nugroho; Mohammad Choirul Anam; Mochammad Juli Pudjiono; Mudji Rahardjo; Bambang Sukarjono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 6 No. 2 (2020): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v6i2.61

Abstract

Abstract— Pancasila as the state ideology is the basic reference for all Indonesian citizens in various sectors of life. However, the fact is that currently the noble values of Pancasila are increasingly being eroded due to the influence of globalization and the rapid progress of science, technology and art which are not well filtered. To restore the value of Pancasila in the life of society, nation and state, it is necessary to implement the values of Pancasila based on character education. The purpose of writing this scientific paper is to discuss the values of national character based on Pancasila and the concept of character education based on Pancasila values for millennial generation students. The data collection method used was literature review with descriptive-critical analysis techniques. Based on the results of the research, it shows that the values contained in the Pancasila ideology can be used as a basis for character education for students, especially the millennial generation, which in its implementation uses the concept of character education from Ki Hadjar Dewantara which includes the Among and Tri-Nga systems based on the educational Tripusat, namely family, school and community. Keywords—: Pancasila Values; Character Education; Milineal Students dispute.
Pertanggungjawaban Direksi dan Komisaris dalam Kepailitan berdasarkan Prinsip Pierching The Corporate Veil Mohammad Choirul Anam
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 7 No. 1 (2021): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v7i1.64

Abstract

This study aims to analyze assistance regarding the application of the principle of veil piercing to the Directors and Commissioners of the Company according to Law Number 40 of 2007 concerning Limited Liability Companies for bankruptcy work. This legal research uses juridical normative legal research which is descriptive analytical with a conceptual approach and an invited approach. Legal materials techniques use library research (library research) and are analyzed using qualitative analysis. Based on the results of the research, it shows that the enforcement violates the corporate veil, to protect the rights of shareholders for actions carried out by company organs such as Directors and commissioners who act not in accordance with company objectives. In carrying out their duties, the Board of Directors and commissioners must be based on good faith, caution and a sense of full responsibility towards the company. If the Board of Directors and Commissioners are negligent in carrying out their duties, resulting in the bankruptcy of the company. Directors and Commissioners may be subject to the principle of penetrating the corporate veil, namely personal liability to the personal assets of the Directors and Commissioners for losses incurred by the company and shareholders. This principle is used to protect the interests of the company and shareholders from actions that could harm the company by the Directors and CommissionersKeywords—: Pierching the Corporate Veil’s Principles; Responsibility; Directors; Commissioners; Bankruptcy.
Analisis Perlindungan Hukum bagi Investor Pasar Modal melalui Kebijakan Disorgement Fund RETNO CATUR KUSUMA DEWI; MOHAMMAD CHOIRUL ANAM
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 9 No. 2 (2023): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v9i2.247

Abstract

This research aims to analyze the disorgement mechanism through the RPOJK regulation so that it can be applied to capital market problems and alternative legal settlements. The research method used in this research is a normative juridical approach with an invitational approach. Based on research results such as the disgorgement arrangement by the OJK as a form of funds through civil sanctions such as compensation, it can be a form of administration as a form of investor legal protection because disgorgement embodies such as efficient, equal funds and can be preventive measures
Perkembangan Konsep Perjanjian Production Sharing Contract Dalam Mekanisme Pengolahan Minyak dan Gas di Indonesia Mohammad Choirul Anam; Retno Catur Kusuma Dewi; Angga Pramodya Pradhana
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.261

Abstract

This research aims to determine the development of the concept of agreements in production sharing contracts in the oil and gas processing sector based on legal principles in Indonesia. This research uses normative juridical research which uses statutory regulations as a secondary data source. Apart from that, journals, articles, news portals (websites) were also used as supporting sources in this research. Based on the research results, it was found that the development of the concept of production sharing contracts in the oil and gas processing sector in Indonesia was initially introduced by Ibnu Sutowo. Then as time went by it developed up to 4 (four) changes. Even though in its development there have been changes, the concept used in the agreement remains the same, the only difference is in the type of agreement. The concept of a production sharing agreement can be applied in Indonesia because it is simpler, easier to understand by the public, more cost effective; compared to the “Profit Sharing” mechanism. The amount of "Production Sharing" should be close to the gross figure of the amount of "Production Sharing", so that oil and gas investors are not surprised by the new formulation. Because they are used to these numbers, what they live with now is still mutually beneficial. The possibility of applying taxes in the "Production Sharing" mechanism, can be applied at the beginning of activities (subject to Cost Recovery), or imposed on gross production results that come out of oil and gas wells. The formulation of the amount and type of tax needs to be studied jointly between the Director General of Taxes, SKKMigas, and oil and gas investor representative bodies. This is to continue to attract oil and gas investors to carry out oil and gas exploration and production in Indonesia
The Implementation of Halal Certification on Imported Agricultural Food Products and Their Relation to International Trade: - Retno Catur Kusuma Dewi; Mohammad Choirul Anam; Dien Nufitasari
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i2.298

Abstract

Abstract Introduction to the Problem: Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 of the year 2014 concerning Halal Product Assurance. Purpose/Study Objectives: The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 of 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement?. Design/Methodology/Approach: The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries. Findings: The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. Paper Type: Research Article.
Legal Certainty on Corruption in Banking offences in the Indonesian Criminal Justice System Mohammad Choirul Anam; Dien Nufitasari; Retno Catur Kusuma Dewi; Bambang Sukarjono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.322

Abstract

Introduction to the Problem: Corruption is one of the most damaging crimes to a country's economy. One of the corruption cases in Indonesian banking through a fictitious credit scheme as happened in Bank Jabar Banten (BJB) Tangerang Branch proves how important the application of law is to overcome corruption in banking. Purpose/Study Objectives: The challenges that the author will study can be formulated based on the background of the problems described above, namely: 1). How is the legal analysis of banking corruption based on court decisions in Indonesia? 2). How is the construction of legal certainty governing criminal offences of banking corruption in Indonesia?. Design/Methodology/Approach: Normative research was the methodology used. Banking crime is a broad category of crime that occurs within the banking industry, according to the research findings. Due to the complexity of these crimes, the Corruption Act is used in the prosecution of the perpetrators. Findings: The results of this study indicate that criminal offences occurring in the banking sector in the case of Bank Jabar Banten (BJB) Tangerang Branch can be applied to the Corruption offence as “Lex Specialis” even though the modus operandi falls into the territory of other laws and regulations, namely the Banking Law, but the defendant's “Mens Rea” and the elements that are more fulfilled are the articles of corruption so that the application of the Corruption offence to the defendant Bank Jabar Banten (BJB) Tangerang Branch is appropriate. Juridical construction in the crime of banking corruption based on the justice system in Indonesia can be built through the approach of the principle of “logische specialiteit”, the principle of “systematische specialiteit”, the principle of “Lex Consumen Derogat Legi Consumptae”. Paper Type: General Review
Co-Authors Aji Aryasatyani, Ganesya Wahyu Angga Pramodya Pradhana Anggoro, Bagas Sukmo Asa Barno Happy Ramadhani Bagas Sukmo Anggoro Bambang Sukarjono Dien Nufitasari Djoko Setyo Martono Ganesya Wahyu Aji Aryasatyani Happy Ramadhani, Asa Barno Jamal Wiwoho Krista Yitawati Maya Ariska Sri Dewi Mochammad Juli Pudjiono Mudji Rahardjo Mudji Rahardjo Nufitasari, Dien Nugroho, Sigit Sapto Pradita, Raynaldo Adwisa Pudjiono, Mochammad Juli Raynaldo Adwisa Pradita RETNO CATUR KUSUMA DEWI Retno Iswati Sigit Sapto Nugroho Sri Dewi, Maya Ariska Sukarjono, Bambang Wardhono, Dwi Tjahja Kusumo Yudho Taruno Muryanto