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All Journal Unes Law Review PROGRESIF: Jurnal Hukum Society
Wirazilmustaan, Wirazilmustaan
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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TANGGUNG JAWAB KONSULTAN DALAM PEMBUATAN ANALISIS MENGENAI DAMPAK LINGKUNGAN (AMDAL) DI PROVINSI KEPULAUAN BANGKA BELITUNG Yokotani, Yokotani; Salfutra, Reko Dwi; Wirazilmustaan, Wirazilmustaan
PROGRESIF: Jurnal Hukum Vol 10 No 2 (2016): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v10i2.187

Abstract

The purposes of this research are: first, to identify and analyze the arrangement of the consultant responsibilities in making the AMDAL in Indonesia; second, to analyze and criticize the implementation of the consultant responsibilities in making the AMDAL in Bangka Belitung. Based on these purposes, so the issues that have been discussed are: first, how the arrangement of the consultant responsibilities in making the AMDAL in Indonesia?; second, how the implementation of the consultant responsibilities in making the AMDAL in Bangka Belitung?. To discuss these issues, conducted empirical legal research with the type of research the effectiveness of the law. This research proved, that: first, the consultant responsibilities in making the AMDAL regulated by the Act Number 32 of 2009 years, and the Environment Minister Regulation Number 7 of 2010 years; second, the consultant responsibilities in makin AMDAL will be completed to the extent of agreement with the proponent. Therefore, the recommendations of this research are: first, needed to optimize the enforcement of the Act Number 32 of 2009 years, and the Environment Minister Regulation Number 7 of 2010 years; second, needed more specifically regulation concerning the recognition in makin the AMDAL document.
MEMBANGUN PARADIGMA BARU HUKUM PERUSAHAAN DAN ETIKA KEWIRAUSAHAAN Wirazilmustaan, Wirazilmustaan; Saliman, Abdul Rasyid
PROGRESIF: Jurnal Hukum Vol 11 No 2 (2017): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v11i2.204

Abstract

Curriculum of corporate law must be prepared to enter into the world of the industry with a very characteristic and distinctive, and the corporate law is not separated from the external business culture conditions develop. This means, the conditions of the external culture assumed already embedded in advance within the students, before they work in a company and then drift in the culture of the company. Because of its implication, build a new paradigm of curriculum into an absolute obligation to be met by faculty of law at this time. Construct curriculum based corporate law building the entrepreneurial spirit in faculty of law is the solution. The results showed that the revitalization of the new paradigm in developing corporate law should be immediately done. Where in the era of free market today many businessmen doing business without an understanding of corporate law and a strong corporate culture. The implications of this, the theories of corporate law, in the curriculum of lectures, also great for hindsight
KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS Robuwan, Rahmat; Wirazilmustaan, Wirazilmustaan; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.976

Abstract

State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent.
LAW ENFORCEMENT ON ENVIRONMENTAL PROTECTION AND RESOURCE CONSERVATION Manik, Jeanne Darc Noviayanti; Wirazilmustaan, Wirazilmustaan
PROGRESIF: Jurnal Hukum Vol 13 No 1 (2019): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v13i1.1035

Abstract

Conservation of natural resources is a natural resource management whose utilization is done wisely to ensure the continuity of its availability by maintaining and improving the quality of diversity and value. Conservation of natural resources and ecosystems aims to achieve the realization of the sustainability of natural resources and the equilibrium of the ecosystem so that it can better support the efforts to improve the community welfare and the quality of human life. The problem are the implementation of conservation of natural resources and its ecosystem in the region based on Act No. 5 of 1990 and law enforcement against perpetrators of the conservation of natural resources and ecosystems. The research method used is legal research using a statutory and conceptual approach. The conservation of natural resources and ecosystems is based on preserving the ability and utilization of natural resources and their ecosystem in a harmonious and balanced environment. The conservation of natural resources and ecosystems is conducted through the protection of life-supporting systems, preserving the diversity of plant and animal species along with its ecosystem and the sustainable utilization of natural resources and ecosystem.
Urgensi Pembentukan Lembaga Adat Urang Lom Guna Memberikan Perlindungan Suku Lom Wirazilmustaan, Wirazilmustaan; Robuwan, Rahmat; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 14 No 2 (2020): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v15i2.1983

Abstract

Bangka Belitung Province have a community called a native population known as the Lom or Urang Lom. Legal recognition of the Urang Lom community in the formation of the Village Customary Institution where Urang Lom still lives is a very important part of the perspective of legal protection. The form of legal protection against the existence of Urang Lom is only limited to the recognition of a traditional institution called Mapur Customary Institution which is under the auspices of the Malay Customary Institution of Bangka. The formal and material legality problem in the formation of the Urang Lom Customary Institution in Gunung Muda and Gunung Pelawan Villages is related to the synergy of the Mapur Customary Institution that has been formed with the Village Customary Institutions based on the Village Law. Gunung Muda Village, and Gunung Pelawan Village made the formation of the Village Customary Institution be difficult because it clashed with the village territorial area.
Dimensi Desentralisasi Analisa Pola Hubungan Kewenangan Dalam Pengelolaan Pertambangan robuwan, rahmat; Wirazilmustaan, Wirazilmustaan
PROGRESIF: Jurnal Hukum Vol 15 No 2 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.2713

Abstract

This research is motivated by the implementation of decentralization in a country that cannot be separated from mineral resources owned by each region. The arrangements of management of mining become an inseparable part in the editorial discussion of the policy directions and thw arrangements of regarding decentralization. The Regions that have the potential for explorative natural resources are faced with a complicated situation and full of pros and cons when discussing about mining in their area. The revised of the act of regional government certainly contributes to the political of decentralized law and the arranggement of mining. The relationship between the central government and regional governments, especially the provinces in mining management based on the Act of Mineral and Coal must receive special attention, because it has a direct orientation towards the perspective of decentralization. To discuss these issues, conducted by normative legal research method with the statute approach. The authority of the central government in managing mineral and coal mining has a paradigm of decentralization that is felt to be getting stronger. Exceptions to government affairs which by acts are determined as central government affairs are the constitutional basis of legislators as the basis for decentralization
Pelaksanaan Pemberian Perlindungan Bagi Korban Tinda Pidana Terorisme Manik, Jeanne Darc Noviayanti; Robuwan, Rahmat; Wirazilmustaan, Wirazilmustaan
PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.3362

Abstract

Victims of terrorism are not only those affected by terrorist attacks but include those exposed to terrorist ideology. The series of bombings, shootings and stabbings that occurred in the territory of the Republic of Indonesia has resulted in the loss of life regardless of the victim, causing widespread public fear, and property losses, resulting in a wide impact on social, economic, political, and international relations. The method used is Legal Research based on legislation related to each other. The best thing that can be done by the state to maintain the safety and security of citizens from becoming victims of terrorism is to prevent or anticipate that terrorism crimes do not occur. The fulfillment of the rights of victims under Act No. 15 of 2003 at the crisis stage after the crime of terrorism must be taken immediately because the action relates to the safety of the victim. Act No. 5 of 2018 states that the victim of non-criminal terrorism is a person who suffers physical, mental, and/or economic losses resulting from a Terrorism Crime. Victims are direct victims as well as indirect victims of a crime of terrorism. The determination of victims of terrorism can be done directly by investigators, without having to wait for a court decision. Treatment of victims, especially those who must receive medical treatment, psychosocial and psychological rehabilitation.
Pengendalian Data Pribadi Dan Ruang Siber Oleh Platform Digital Big Data Global Terkait Kedaulatan Digital Indonesia Yokotani, Yokotani; Wirazilmustaan, Wirazilmustaan; Salfutra, Reko Dwi; Kurnia, A. Cery
PROGRESIF: Jurnal Hukum Vol 19 No 1 (2025): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/cdt5p455

Abstract

The development of global digital technology has brought significant challenges to Indonesia's digital sovereignty, especially regarding the control of personal data and cyberspace. Foreign digital platforms that dominate use in Indonesia process citizens' data massively through big data mechanisms, often outside the jurisdiction of national law. This dependence poses risks to personal data protection, national security, and state control over digital infrastructure. This study uses normative legal methods with a legislative and conceptual approach to examine the role of national regulations, such as Law Number 27 of 2022 concerning Personal Data Protection, in strengthening the state's position. The results of the study show that strengthening regulations, developing local technology, community digital literacy, and international cooperation are key strategies to uphold Indonesia's digital sovereignty. Without concrete and comprehensive steps, control over data and digital space will continue to be in the hands of foreign entities, which can weaken the nation's independence in the digital era.
“Ocean Grabbing!”: Perampasan Hak-Hak Nelayan atau Hak-Hak Pengelolaan Sumberdaya Pesisir dan Kelautan Damanik, Jeanne Darc Noviayanti; Wirazilmustaan, Wirazilmustaan
Society Vol 9 No 1 (2021): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v9i1.216

Abstract

The state is obliged to strive for the realization of justice for traditional fishing communities. Traditional communities are fishing communities whose traditional rights are still recognized in carrying out fishing activities or other legal activities in certain areas located in archipelagic waters following the international law of the sea. Coastal space areas and small islands that indigenous/traditional communities have managed from the obligation to have location permits and management take national interests and laws and regulations into account. Article 26 A of the Republic of Indonesia Number 1 of 2014 makes it easy for outsiders to control small islands that regulate the use of small islands and surrounding coasts through investment forms based on a ministerial permit that must prioritize the national interest. Positive law must protect traditional fishing communities and indigenous peoples. This research aims to analyze the regulation of fishermen’s protection from deprivation of their rights in earning a living and livelihood. The research method used is normative research, meaning the implementation of legal provisions in the form of legislation in activities for certain legal events in the community, especially the fishing community. Normative research refers to and examines laws and regulations related to the research being conducted. The research locations cover coastal areas throughout Indonesia, especially Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, and Mataram. The state can provide knowledge, guidance, and protection for fishermen from various actions of deprivation of their rights to earn a living and protection such as piracy, the practice of fishing theft, abuse of trawling, transshipment activities, threats, and violence by foreign parties to Indonesian fishers. The central government and local governments are obliged to provide facilities for guaranteeing fishing areas or fishing coverage areas that are safe and do not overlap with other fields.
Implementasi Prinsip Ultra Vires di Indonesia, Inggris, Jerman, Singapura, dan Australia Wirazilmustaan, Wirazilmustaan; Simabura, Charles
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1242

Abstract

Penelitian ini bertujuan untuk membandingkan konsep ultra vires dalam hukum perusahaan di Indonesia, Inggris, Jerman, Singapura, dan Australia. Ultra vires mengacu pada tindakan perusahaan yang melewati batas wewenang yang telah ditetapkan dalam anggaran dasar atau memorandum of association. Setiap negara memiliki kerangka hukum yang berbeda dalam mengatasi masalah ultra vires, dan tulisan ini akan menganalisis perbedaan dan persamaan dalam pendekatan hukum kelima negara tersebut.
Co-Authors Damanik, Jeanne Darc Noviayanti MANIK, JEANNE DARC NOVIAYANTI Rio Armanda Agustian Robuwan, Rahmat Salfutra, Reko Dwi Saliman Saliman Simabura, Charles Yokotani Yokotani