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Environmental Legal Protection of Rivers in the Perspective of Sustainable Development Trias Hernanda; Urip Giyono
Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i1.14744

Abstract

Objective: This research discusses the legal protection of the river environment from the perspective of sustainable development. The concept of sustainable development is especially important in guarding river protection, so it must really be applied. Methodology: The research method used in this study is normative juridical law research, namely examining legal rules and legal principles. Finding: Based on the study obtained, that river protection in Indonesia is still weak, as evidenced by the presence of garbage and waste found in several major rivers in Indonesia, in addition to the absence of concrete actions from the government in protecting rivers. Utility: This research is useful for evaluating protection measures and providing a reference for sanctions for river protection by the concept of sustainable development. Novelty/Originality: This study provides the idea that river protection can be optimized to reduce the level of pollution and river damage by properly applying the concept of sustainable development by the Environmental Protection and Management Act (UUPPLH) principle
TINJAUAN YURIDIS UNDANG-UNDANG PEMERINTAHAN DAERAH TENTANG KEGIATAN PERTAMBANGAN Eko Nuriyatman; Trias Hernanda
DATIN LAW JURNAL Vol 1, No 1: Februari 2020
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/dlj.v1i1.332

Abstract

This scientific article contains writings about the juridical review of local government law regarding mining activities in Indonesia. In this article the researcher discusses two things, namely the authority of the regional government in mining and inconsistencies between local government laws and coal mineral laws. The research method used in writing this article is a normative research method, the legal concept used is that proposed by Soetondyo Wigyosoebroto who has five legal concepts, but in this article the author uses the second and fifth concept concepts presented by Soetondyo Wigyosoebroto. Based on the results of writing this article, it is found that after the issuance of Law Number 23 of 2014 the authority to grant mining activities permits lies with the provincial government and this is contrary to what is contained in Law Number 4 of 2009, so that in the application of the lex principle applies specialis derogate legi generalisi. The development of mining activities that occur in Indonesia has a very large impact on mining activities, with the authority for mining activities having the aim that management of mining activities is not centralized and can increase the economy and increase local revenue. Keyword: Regional Government, Mining, Licensing.
LEGAL ANALYSIS ON AMDAL AS AN ENVIRONMENTAL PROTECTION DOCUMENT Trias Hernanda
Legal Standing : Jurnal Ilmu Hukum Vol 4, No 2 (2020): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v4i2.2980

Abstract

Amdal is an analysis of environmental impacts. The purpose of Amdal is to analyze aneffect that arises from a planned construction project or building. The Amdal documentis mandatory for any initiator or entrepreneur who will apply for an environmentalpermit. This obligation is because it aims to protect the environment from damagecaused by development. However, many entrepreneurs do not understand the existenceof an Amdal, so they mostly build first and then take care of it. Amdal. The researchmethod used in this research is juridical normative or doctrinal. The traditionalmaterials used are primary and secondary legal materials; primary standard materialsinclude statutory regulations and legal documents. Based on the regular analysis fromthe author, the Amdal document has a critical position to maintain the quality of theenvironment and the sustainability of public health. On the other hand, Amdal alsoguarantees sustainable development and environmentally sound development (ecodevelopment).
Penegakan Hukum Lingkungan Terhadap Kegiatan Penambangan Illegal Galian C Tanah Urug Trias Hernanda
Jurnal Justiciabelen Vol 3 No 1 (2020): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v3i1.2242

Abstract

This scientific article examines the enforcement of environmental law on the mining activities of excavated land c in the Kudus Regency, illegal excavated land c activities in Kudus Regency have a serious impact as evidenced by the emergence of victims in illegal c excavation sites that are not reclaimed. There are indeed not many illegal landfill land in Kudus Regency, but based on supervision in the field, the activity arises because it is based on economic factors, Kudus Regency itself actually has regulated zoning of the areas permitted for mining activities, things mentioned in Perda No. 16/2012 concerning RTRW, the method used in this study is empirical (nondoctrinal) Based on the results of field research on illegal activities of landfill excavation, it can be concluded that enforcement of illegal activities of landfill excavation c has not been carried out optimally. , this can be seen by the presence of illegal miners who still often do mining by playing cat and mouse with Satpol PP officers
ANALISIS HUKUM PERLINDUNGAN HAK CIPTA TERHADAP SENI UKIRAN KAYU Trias Hernanda; Thoriq Ashidiqi
JURNAL KEADILAN HUKUM Vol 1, No 2 (2020): JURNAL KEADILAN HUKUM
Publisher : JURNAL KEADILAN HUKUM

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Abstract

Artikel ilmiah ini meneliti tentang perlindungan hak cipta ukiran kayu di Indonesia, sejak zaman dahulu seni ukiran kayu telah ada di Indonesia, bahkan sebelum terbentuknya negara indonesia, dalam perkembangan zaman dan juga pasar bebas, maka semakin berdampak pada perlindungan dari hak cipta ukiran kayu yang berasal dari berbagai daerah di Indonesia, perlindungan hak cipta ukiran kayu sangatlah penting karena berhubungan hak ekonomi yang dimiliki penciptanya, metode yang digunakan dalam penelitian ini adalah Penelitian ini menggunakan metode penelitian yuridis normatif yang bersifat deskriptif , pengumpulan data berupa data sekunder yaitu meliputi: bahan hukum primer berupa peraturan perundang-undangan yang terkait dengan penelitian dan bahan hukum sekunder yang berupa buku referensi dan jurnal terkait dengan menguraikan lebih lanjut dari bahan hukum primer secara konteks teoritis, hasil penelitian dari artikel ilmiah ini adalah bahwa perlindungan hukum hak cipta ukiran kayu sudah diatur di dalam undang-undang tentang hak cipta, akan tetapi belum bisa optimal karena masih adanya kasus persengketaan hak cipta soal ukiran kayu, ironisnya yang bersengketa adalah orang asing yang tinggal di Indonesia dengan obyek sengekta model ukiran yang mirip dengan ukiran kayu di daerah jepara
Environmental Protection Based on Islamic Law and Epistemology in Indonesia Sunardi; Trias Hernanda; Naili Azizah; Dian Rosita
Law and Justice Vol. 8 No. 1 (2023): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v8i1.635

Abstract

Indonesia is the largest Muslim country in Southeast Asia. However, this does not guarantee that the implementation of a diverse Islamic life can run well, environmental damage is an example. As a result of the environmental damage, seasonal disasters always hit Indonesia. Based on Islamic epistemology, environmental damage is proof that environmental protection is not going well. If an understanding of Islam is really carried out properly, then humans will protect nature as if they take care of themselves, so the purpose of this study is to reveal the role of the meaning of Islamic epistemology in providing an understanding of environmental protection. This type of research uses normative legal research, namely legal research conducted based on statutory regulations and library materials. Related to this type of research, the approach used in this paper is a conceptual approach to law and a historical approach. The final result of this research is the role of understanding Islamic epistemology in helping environmental protection is very real and useful if it is understood more deeply and applied properly
IMPLEMENTASI PENYELENGGARAAN OTONOMI DAERAH DALAM PENINGKATAN KESEJAHTERAAN MASYARAKAT Sunardi, Sunardi; Nur Syafiq, Ahmad; Hernanda, Trias
Jurnal De Jure Muhammadiyah Cirebon Vol 8 No 2 (2024): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v8i2.6810

Abstract

Regional autonomy, introduced during the reform era, aims to grant broader and greater authority to local governments to manage their respective regions based on local needs. Although the regional autonomy policy has been implemented for more than 20 years, its application remains uneven. This is due to various challenges, such as corruption and conflicts of authority. This study employs a qualitative method with a normative juridical approach. The findings of this research indicate that decentralization within regional autonomy provides significant opportunities to improve public services and the Human Development Index. However, this requires support in the form of good governance, effective oversight, and collaboration between the central and local governments. Keywords: Regional Autonomy, Welfare, Society
Peradilan Anak Dilihat Dalam Pandangan John Rawls Yustita, Widya Arum Indra; Sunardi; Hernanda, Trias
Legalita Vol 7 No 1 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i1.1686

Abstract

This research examines the Analysis of Juvenile Court Judges' Decisions Based on John Rawls' Perspective in Ruling on Criminal Cases of Assault Resulting in Death Committed by Minors (Case Study of Decision Number 3/Pid.Sus-Anak/2024/PN.Kds). Currently, many minors are found to be involved in criminal acts, such as violence, as reflected in Decision Number 3/Pid.Sus-Anak/2024/PN.Kds. In this case, the minor collectively engaged in violent acts, including slashing, beating, and kicking the victim, which resulted in severe injuries and ultimately led to the victim's death.This study employs a literature review method and falls under normative legal research. The data is analyzed descriptively and refers to the current doctrinal legal concepts. The research is descriptive-analytical in nature. Based on the research analysis, it can be concluded that Decision Number 3/Pid.Sus-Anak/2024/PN.Kds complies with John Rawls' principles of justice. This decision has considered the fundamental rights of the child, aimed to balance retributive and restorative justice, and provided the minor with an opportunity for rehabilitation. The minor's actions met the qualifications of the charges filed against them, and there are specific provisions in Article 170, Paragraph (2), Clause 3 of the Indonesian Criminal Code (KUHP) in conjunction with Law No. 11 of 2012 on the Juvenile Criminal Justice System, which apply exclusively to individuals committing acts of violence.
Peran Pertimbangan Hakim dalam Kasus Kepemilikan Senjata Tajam Oleh Anak Habibah, Meiliani Zahira; Sunardi; Hernanda, Trias
Legalita Vol 7 No 1 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i1.1808

Abstract

Abstrak The judge's decision in the case of possession of sharp weapons by children illustrates the application of the principle of justice in the Indonesian legal system. This study aims to explore more deeply the basis for judges' considerations in upholding the principle of justice in juvenile criminal justice, which focuses on rehabilitation efforts and the formation of social norms in society. This study uses a normative juridical method by analyzing legal documents, applicable regulations, and case studies of court decisions that are the object of discussion by describing them from the sources collected, both from laws and court decisions that will be studied, to then draw conclusions. The principle of the best interests of the child emphasizes that the restorative justice and diversion approaches must be prioritized to avoid the negative impact of the criminal justice process on child development. If there is no indication of the use of weapons for criminal acts, then processing the child criminally can be considered excessive and contrary to the principle of justice. The judge chose to impose a prison sentence in accordance with the provisions of the Law, and provide the child with the opportunity to continue their education, while still punishing the actions that have been committed in accordance with applicable regulations. Kata Kunci: Juvenile Justice; Principles of Justice; Sharp Weapon.
IOT-BASED LEGAL POLICY IN CO₂ EMISSION SAFETY CONTROL TO SUPPORT GREEN TRANSPORTATION Soma Setiawan Ponco Nugroho; Hernanda, Trias; Nugroho, Soma Setiawan Ponco; Izzati, Tazkiya Isya; Nisa, Firda Khoirun; Wahyudin, Widya Cholid; Nuriyatman, Eko
Jurnal Ilmiah Ilmu Terapan Universitas Jambi Vol. 9 No. 4 (2025): Volume 9, Nomor 4, December 2025
Publisher : LPPM Universitas Jambi

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Abstract

Religious tourism areas in Kudus Regency, Indonesia particularly the Tomb of Sunan Muria and the Tomb of Sunan Kudus are visited by thousands of pilgrims every day, creating significant transportation flows and contributing to air pollution. This study aims to evaluate the environmental quality and legal implications of air pollution caused by transportation activities in these two religious tourism sites. Using an empirical legal research design with a qualitative approach, primary data were collected through interviews and supported by results from Internet of Things (IoT) based air pollution detection devices that measured oxygen (O₂), temperature, and carbon dioxide (CO₂) levels. The results were then analyzed using the mean formula. The findings reveal differing environmental conditions between the two locations. The highland area of Sunan Muria generally shows air quality levels within Indonesia’s permissible standards, while the urban environment of Sunan Kudus records higher CO₂ and temperature levels exceeding the national air pollution threshold. These findings indicate that urban religious tourism faces more severe environmental challenges. The discussion emphasizes the urgent need for legal and policy reform toward a green transportation framework in Kudus Regency. This research contributes to demonstrating how IoT-based monitoring can serve as an empirical foundation for evidence-based environmental policymaking in Indonesia’s tourism sector.