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All Journal LAW REFORM Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY International Journal of Supply Chain Management Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Ayub, Zainal Amin
Unknown Affiliation
Decision Sciences, Operations Research & Management Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Transportation

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The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities Muslim, Shohib; Hadiyantina, Shinta; Mundzir, Hudriyah; Ayub, Zainal Amin
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.23244

Abstract

Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures.
Averting Deforestation: Designing the Model of a Public Participation-Based Environmental Agreement of Shifting Functionality of Forest Permadi, Iwan; Maharani, Diah Pawestri; Ayub, Zainal Amin
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.68911

Abstract

This research highlights the shifting concepts and mechanisms in business licensing in forest areas from environmental licensing to an environmental agreement following the effectuation of Indonesia’s Job Creation Law. It is important to investigate this change, considering that it may involve environmental damage or deforestation in forest areas, which tends to be pro-businesses. With the normative-juridical method that incorporates statutory, conceptual, and analytical approaches, This research aims to analyze the concept of the integration of an environmental agreement in risk-based business licensing that has changed business licensing into an environmental agreement in forestry. This study also analyzes the concept of an environmental agreement concept regarding the likelihood of deforestation and the shifting functionality of forest areas. The last important point is that it is paramount to set an ideal legal construction in the environmental agreement in risk-based business licensing in forestry businesses by employing a restorative justice approach and public participation. The research results recommend an ideal legal concept in the integration of an environmental agreement into risk-based business licensing by taking into account public participation, as outlined in Environmental Protection and Management Law, implying citizens to have both public and private rights, enabling them to participate. Moreover, the public role can adjust to the need and risk levels developed with varied concepts of the development of public participation by considering theories and practices in other countries.
Reaching an Agreement for the Elimination of Child Labour from the Supply Chains Haq, Md. Zahurul; Alam, A. S. A. Ferdous; Ayub, Zainal Amin; Farzana, Kazi Fahmida
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5309

Abstract

This article examines how child labour can be eliminated from various supply chains in Bangladesh. Reinforcing this issue is important to comply with international labour standards on child labour and to avoid potential trade sanctions of various types. Drawing upon the examples of other mechanisms to implement international labour standards particularly in a situation when domestic initiatives remain largely ineffective, it is argued that various local and international actors in the supply chains have a key role to play in actively enforcing this international standard to help support an economy free from the curse of child labour. This article proposes that an international legally binding agreement among global importers, unions, and local stakeholders to improve the child labour situation may provide the best mechanism to eliminate this problem from various supply chains in Bangladesh.
Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values Palullungan, Liberthin; Lumentut, Lisma; Ayub, Zainal Amin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1235

Abstract

The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent.
The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments Mutawalli, Muhammad; Ayub, Zainal Amin; Maskun, Maskun; Napang, Marthen
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52926

Abstract

The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.
Factual Actions as Objects of State Administrative Disputes in State Administrative Courts Following the Issuance of the Job Creation Law Cahyandari, Dewi; Ayub, Zainal Amin; Pratama, Luvieandra; Sudjati, Xaviera Qatrunnada Djana
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.5

Abstract

The State Administrative Court Law currently in force presents contradictions, given that administrative activities represent one of its objects, which are inherently dynamic. This raises a significant question about whether the State Administrative Court Law, enacted in 1986, can still uphold its substantive principles. This study focuses on the discussion of factual actions. The Job Creation Law subsequently removed the determination of fictitious positive cases from the jurisdiction of the State Administrative Court. This study aims to describe, analyze, and disclose the fundamental meaning of factual actions as the objects of administrative disputes in the State Administrative Court. The study employs a normative method with legislative and philosophical approaches. The interpretation of factual actions as objects of administrative disputes in the State Administrative Court, following the issuance of Government Regulation in Lieu of Law No. 2 of 2022, requires that a request to a government official or body not addressed within the stipulated time frame is legally considered de facto granted. It is essential to consider the reality in the field, recognizing that the role of the State Administrative Court remains necessary to ensure legal certainty and protection for individuals or legal entities (Indonesian citizens) who submit requests for decisions to government officials or bodies.
Legal Framework for Protecting Children from Commercial Sexual Exploitation Abdul Rahman; Ayub, Zainal Amin; Ratnawati, Ratnawati
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) 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

Abstract

This study offers a critical analysis of the legal framework and policy measures aimed at protecting children from Commercial Sexual Exploitation of Children (CSEC) in South Sulawesi, Indonesia. Despite the ratification of international agreement and the enactment of domestic laws, such as Law No. 35 of 2014, the enforcement of these laws is inconsistent. This inconsistency is attributed to legal ambiguities, limited institutional capacities, and cultural attitudes that normalize exploitation. Employing a socio-legal approach, this research integrates legal analyses with field interviews to investigate the causes, manifestations, and legal management of CSEC. The findings reveal systemic shortcomings, such as the absence of specific criminalization for child prostitution and trafficking in the Criminal Code, ineffective implementation of regional regulations, and poor collaboration among law enforcement agencies, NGOs, and government entities. CSEC continues to be a pervasive issue, with victims often misidentified as offenders. The study advocates for legal harmonization with international standards, enhanced institutional collaboration, heightened public awareness, and community-based monitoring initiatives. It stresses the urgent need for child-rights-centric legal reforms to tackle the socio-cultural factors driving exploitation and to strengthen the protective role of both the state and society.
Co-Authors Abdul Rahman Alam, A. S. A. Ferdous Dewi Cahyandari, Dewi Diah Pawestri Maharani, Diah Pawestri Farzana, Kazi Fahmida Haq, Md. Zahurul Hudriyah Mundzir, Hudriyah Iwan Permadi Lumentut, Lisma Marthen Napang, Marthen Maskun Muslim, Shohib Mutawalli, Muhammad Palullungan, Liberthin Pratama, Luvieandra Ratnawati Ratnawati Shinta Hadiyantina Sudjati, Xaviera Qatrunnada Djana