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Tanggung Jawab Negara Terhadap Pencemaran Laut dari Limbah Buangan PLTU di Kawasan Pesisir Pantai Mutawalli, Muhammad
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 12, No 1 (2021): YUDISIA: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v12i1.9341

Abstract

This study aims to determine how the environmental legal arrangements regarding state responsibility for marine pollution from wastewater discharged PLTU (power plant steam) in the coastal area and how the forms of state responsibility for marine pollution from liquid waste discharged PLTU in coastal areas. This type of research is normative legal research using legal material collection techniques through library research methods that are analyzed descriptively qualitatively. The results of this study are by implementing programs made by the government such as in the case of the IPLC program, PROPER, and the government to supervise, monitor, and carry out unannounced visits to companies. As IPLC is a liquid waste disposal permit aimed at business or industrial activities that use water sources as a place to dispose of liquid waste from the results of its business activities. Not only that to prevent and deal with industrial waste, the government must play an active role both through legislation. The government must intensify sustainable development, that is sustainable development with the meaning of development that is forward-looking with a view to being able to be used by present and future generations.Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan hukum lingkungan tentang tanggung jawab negara atas pencemaran laut dari limbah cair buangan PLTU dikawasan pesisir pantai dan bagaimana bentuk-bentuk tanggung jawab negara atas pencemaran laut dari limbah cair buangan PLTU dikawasan pesisir pantai. Jenis penelitian ini adalah penelitian hukum normatif dengan menggunakan teknik pengumpulan bahan hukum melalui metode penelitian pustaka yang dianalisis secara deskriptif kualitatif. Hasil dari penelitian ini yaitu dengan menerapkan program yang dibuat oleh pemerintah seperti dalam hal program IPLC, PROPER, dan melakukan pengawasan, monitoring, maupun melakukan inspeksi mendadak ke perusahaan. IPLC adalah sebuah izin pembuangan limbah cair yang ditujukan pada kegiatan usaha atau industri yang menggunakan sumber-sumber air sebagai tempat pembuangan limbah cair dari hasil kegiatan usahanya. pemerintah harus berperan aktif baik melalui perundang-undangan. Pemerintah harus menggiatkan pembangunan berkonsep sustainable development yaitu pembangunan yang berwawasan ke depan dengan maksud agar mampu dimanfaatkan oleh generasi yang akan datang.
KEWENANGAN BADAN PEMERIKSA KEUANGAN DALAM MELAKUKAN PEMERIKSAAN DANA DESA YANG BERSUMBER DARI APBN Muhammad Mutawalli
JURNAL LITIGASI (e-Journal) Vol 23 No 1 (2022)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i1.5030

Abstract

This research was conducted in order to understand and be able to describe the form of authority of the Audit Board of Indonesia under Law No. 15, 2006 concerning the Audit Board of Indonesia regarding the audit of village funds sourced from the state budget in village administration reviewed from the state administration system in Indonesia. The discussion in this writing is about what is the standing of the Audit Board of Indonesia in auditing the village fund in the village administration and the authority of the board in auditing the fund at the village administration. This research used normative approach through scientific study and aimed to ensure the concrete and conformity of the board authority normatively. The research was conducted through library research by studying and analyzing written legal materials and supported with the statements of informant and correspondent involved. The findings concluded that the Audit Board of Indonesia as the state organ of Indonesia with vital task to audit the state budget that can be considered as the Supreme Audit Institute either in the level of central government or the regional level. The authority of the board in the level of village administration to audit the village fund that comes from the state budget is a political movement of the government and is considered as the state will in realizing the good governance as the state program. However, in the implementation, the Audit Board of Indonesia has established its representatives in each province of Indonesia in which, unfortunately, the regional representative seemed meaningless since the board representatives have to answer to the Head and Deputy Head of the board regarding the examination and audit of the village fund of the state budget. The author suggests to promulgate additional concrete and clear provisions on the duty of the representatives of the board in every province. Keyword: BPK (the Audit Board of Indonesia) Village Fund, Village Administration.
Tanggung Jawab Negara Terhadap Pencemaran Laut dari Limbah Buangan PLTU di Kawasan Pesisir Pantai Muhammad Mutawalli
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 12, No 1 (2021): YUDISIA: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v12i1.9341

Abstract

This study aims to determine how the environmental legal arrangements regarding state responsibility for marine pollution from wastewater discharged PLTU (power plant steam) in the coastal area and how the forms of state responsibility for marine pollution from liquid waste discharged PLTU in coastal areas. This type of research is normative legal research using legal material collection techniques through library research methods that are analyzed descriptively qualitatively. The results of this study are by implementing programs made by the government such as in the case of the IPLC program, PROPER, and the government to supervise, monitor, and carry out unannounced visits to companies. As IPLC is a liquid waste disposal permit aimed at business or industrial activities that use water sources as a place to dispose of liquid waste from the results of its business activities. Not only that to prevent and deal with industrial waste, the government must play an active role both through legislation. The government must intensify sustainable development, that is sustainable development with the meaning of development that is forward-looking with a view to being able to be used by present and future generations.Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan hukum lingkungan tentang tanggung jawab negara atas pencemaran laut dari limbah cair buangan PLTU dikawasan pesisir pantai dan bagaimana bentuk-bentuk tanggung jawab negara atas pencemaran laut dari limbah cair buangan PLTU dikawasan pesisir pantai. Jenis penelitian ini adalah penelitian hukum normatif dengan menggunakan teknik pengumpulan bahan hukum melalui metode penelitian pustaka yang dianalisis secara deskriptif kualitatif. Hasil dari penelitian ini yaitu dengan menerapkan program yang dibuat oleh pemerintah seperti dalam hal program IPLC, PROPER, dan melakukan pengawasan, monitoring, maupun melakukan inspeksi mendadak ke perusahaan. IPLC adalah sebuah izin pembuangan limbah cair yang ditujukan pada kegiatan usaha atau industri yang menggunakan sumber-sumber air sebagai tempat pembuangan limbah cair dari hasil kegiatan usahanya. pemerintah harus berperan aktif baik melalui perundang-undangan. Pemerintah harus menggiatkan pembangunan berkonsep sustainable development yaitu pembangunan yang berwawasan ke depan dengan maksud agar mampu dimanfaatkan oleh generasi yang akan datang.
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.
Hak Recall Partai Politik Terhadap Anggota Dewan Perwakilan Rakyat: Tinjauan Constituent Dan Public Recall Muhammad Mutawalli; Mukhtar Lutfi; Mau Lulo, Lourenco de Deus; Lohalo, Georges Olemanu
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10251

Abstract

Therefore, the idea of constituent and public recall is the basis for the manifestation of people's involvement, in whose position the people are subjects who have the will of constituents and are a public element in determining the survival of the people. representatives who represent them. This paper is qualitative research using normative juridical methods. In this paper, a legislative approach, a conceptual approach, and a philosophical approach are used. This research was carried out by tracing legal materials through law books, books, scientific works, and even several printed media that are useful and relevant to this article. The collected material is then processed and analyzed in depth, then presented in a qualitative descriptive and analytical prescriptive manner. The conclusion of this paper shows that political parties have the authority to recall (replace) legislative members as part of their overall authority. The concepts of constituent recall and public recall are needed so that political parties have the right to replace members of the People's Representative Council because this highlights the importance of involving the community as holders of the people's sovereign rights in the mechanism for dismissing council members. Once elected, legislative members can be dismissed, but this is not ideal and participatory and seems feudal because it is still determined by the will of the party elite, even though the principle of popular sovereignty which must be prioritized is weakened by power. There are no regulations regarding constituent and public recall mechanisms.
Fiqh of Civilization in Building a Legal State: The Relevance of Muhammad Arkoun's Thought Latif, Mukhlis; Mutawalli, Muhammad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.16643

Abstract

Arkoun's political concept is very relevant to the expected idea of civilizational fiqh to resolve social problems nationally and internationally. The purpose of this article is to discuss the fiqh of civilization as an element of the rule of law which is connected with the political thought of state administration Muhammad Arkoun which is based on Islamic values in a legal state. Fiqh of civilization is a major breakthrough in building a legal state in analyzing current problems in the country and the world. This research uses the method qualitative with a conceptual approach by applying and studying thinking Muhammad Arkoun about the political concept of state administration based on values Islam through his works. This research contains the concept of political state; Muhammad Arkoun emphasized the importance of broadening the view of sources of Islamic law and contextual interpretation of Islamic law. Arkoun emphasized that state politics in Islam is more focused on the unity of the people, including religion and state. This aspect is currently being developed through fiqh concepts of civilization. Arkoun's critical thinking can help face the challenges of modernization and globalization in the Islamic world, which are reviewed in building a legal state according to the concept of Islamic statecraft.
Legal Issues and Consumer Awareness on the Effect of Poorly Processed Garri Edo North, Edo State, Nigeria Aidonojie, Esther Chetachukwu; Aidonojie, Paul Atagamen; Obieshi, Eregbuonye; Mutawalli, Muhammad; Adebayo, Adesoji Kolawole; Banki , Lauretta Leslie
Food Science and Technology Journal (Foodscitech) Vol. 7 No. 1 (2024)
Publisher : Universitas Dr Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/fst.vi.8190

Abstract

It is the saying that it is better to pay a good cook than to pay a doctor and also it is essential to eat one meal like a medicine. This quote necessitates the fact that consuming well-processed food is essential for healthy living. However, it has been observed that garri which is considered a staple food in Nigeria, produced from cassava, is often poorly processed (half-baked) in some parts of Nigeria, not concerned with the medical dangers and implications. It is concerning that this study tends to adopt a hybrid method of study in examining consumer awareness concerning the health and legal implications of consuming poorly processed garri. In this regard, 247 questionnaires were distributed to respondents residing within Edo North, Edo State. The data obtained was analyse using a descriptive and analytical method of approach. The study found that most of the garri processes within the region are half-bake, which often contain some cyanide content. The study also found that the majority of consumers are unaware of the health implications of consuming half-baked garri containing cyanide, poorly processed and preserved. Concerning this, the study therefore concludes and recommends that to curb the incidence of poorly processed garri, there is a need spring legal framework to ensure effective enforcement and compliance against poorly processed food. Furthermore, there is also a need for sensitization on the dangers of consuming half-baked garri.
Urgency of the Presidential Institution: Strengthening Presidentialism or Perfecting the State System in Indonesia Muhammad Mutawalli; Georges Olemanu Lohalo; Imsirovic, Mirela
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.51644

Abstract

Research Objective: This study emphasizes the importance of strengthening Indonesia's presidential institution through the advancement of presidentialism and the refinement of its constitutional framework, while also exploring the historical development of presidential power within the country's political dynamics. Research Method: The research employed a qualitative approach, conducting a systematic analysis of existing literature, legal frameworks, and political practices. This analysis assessed the evolution of the presidential institution and its current operational context within Indonesia's constitutional system and democratic governance framework. Results: Identifying correlations between presidential authority and governance effectiveness as the institution has adapted to changing political landscapes and constitutional amendments. The study uncovers patterns of institutional evolution across various presidential administrations. Findings and Implications: The presidential institution is essential for effective governance, particularly in enhancing decision-making processes and ensuring political stability. The research demonstrates that a robust presidential system significantly improves policy implementation and government coherence, while also underscoring the need for constitutional improvements to establish appropriate inter-institutional checks and balances. Conclusion: A strong presidential system is vital for Indonesia to effectively address contemporary governance challenges and maintain national resilience. A well-balanced presidential authority within a democratic framework serves as a foundational element for political stability and effective governance in the modern era. Contribution: This study enhances scholarly understanding of presidentialism within Indonesia's constitutional context, offering analytical insights into how institutional design influences governance outcomes. Additionally, it contributes to constitutional theory by examining presidential power within frameworks of democratic consolidation. Limitations and Suggestions: The study is limited by a lack of empirical data regarding governance outcomes across different presidential administrations. Future research could benefit from comparative analyses of presidential systems in similar emerging democracies, as well as longitudinal studies on presidential effectiveness in specific policy areas
Periodization of General Elections: Ideas and Refinements in Indonesia Mutawalli, Muhammad; Naswar, Naswar; Ilmar, Aminuddin; Lohalo, Georges Olemanu
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.245

Abstract

General election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people's sovereignty. In general, the principles of elections include the principles of direct, public, free, confidential, honest and fair. This research seeks to explore legal constructions related to the periodic principle of general elections which must be held periodically every five years, which is a separate principle in general elections. This research is normative legal research with a statutory and conceptual approach. The results of the study confirm that to achieve and ensure that general elections are held a justice process and proportionally, the orientation of legal construction on the periodic principle has actually been explicitly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, in terms of periodic aspect orientation, it is part of the general election principle that is obligatory and must be implemented. This has the implication that the principles of general elections include the principles of direct, general, free, confidential, honest and fair, and must be held periodically for five years. In this case, the principle of periodicity occupies an important position in the holding of general elections.
Implementasi Prinsip Konvensi Internasional dalam Mengurai Pelanggaran HAM di Indonesia Muhammad Mutawalli
Jurnal Arajang Vol 6 No 1 (2023): Jurnal Arajang Volume 6 Nomor 1 Tahun 2023
Publisher : Universitas Sulawesi Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31605/arajang.v6i1.2829

Abstract

The purpose of this research is to find out the form of implementation of the principles and obstacles to the enforcement of human rights violations in Indonesia and their relationship to the content of international conventions. The approach used in this study is a normative legal approach. This research is related to the legal study of library materials. The results of research conducted regarding the implementation of human rights principles are in line with international legal agreements in the Indonesian legal system in general, but the constraints or obstacles are still not very effective in overcoming discrimination violations based on the principle of equality, with international agreements on human rights. It is different in Indonesia, its implementation has been regulated in the initiative of national laws and regulations related to human rights contained in the 1945 Constitution. This means that it has been in effect since the time of Indonesia's independence.