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PEMBAGIAN HASIL MIGAS MELALUI COST RECOVERY DAN GROSS SPLIT BAGI SEBESAR-BESARNYA KEMAKMURAN RAKYAT MENURUT UUD NRI TAHUN 1945 Farhani, Athari; Azizah, Faiqah Nur; Usadhani, Panggalih; Kurniawan, Faridh
Jurnal Hukum & Pembangunan Vol. 52, No. 2
Publisher : UI Scholars Hub

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Indonesia is a country with abundant natural resources. In oil and gas, two models of product sharing contract are known, namely through cost recovery and gross split. Through Permen of ESDM Number 12 of 2020 concerning the Third Amendment to Regulation of the Minister of Energy and Mineral Resources Number 8 of 2017 concerning Gross Split Production Sharing Contracts, which through this regulation the government makes it easy for contractor entrepreneurs to choose the Gross Split and Cost Recovery model schemes. Meanwhile, the 1945 Constitution of the Republic of Indonesia has outlined that natural resources are controlled by the state and used to the greatest extent for the prosperity and welfare of the Indonesian people.

Justice in Proportional Inheritance Distribution Based on Contemporary Perspective Pahroji, Dedi; Priyana, Puti; Pura, Margo Hadi; Farhani, Athari; Azizah, Faiqah Nur
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6090

This research focuses on the application of a sense of justice in the distribution of inheritance according to contemporary Fiqh Mawaris and compares it with Islamic inheritance law and analyzes the judge's considerations in related cases. This research uses normative juridical methods with a literature approach (statute approach), comparative analysis, concept analysis and case analysis. The results of this research conclude that the sense of justice that develops in society must be taken into account when determining the distribution of inheritance. The concept of dividing inheritance property 2:1 as regulated in the Compilation of Islamic Law and referring to the arguments of the Al-Qur'an is a proportional distribution, but in certain conditions it is also not an absolute basis without considering the current conditions of society. Where currently it is not uncommon for women to take on the role of men in certain conditions, so that in terms of inheritance the division between men and women with the 1:1 concept can be considered to fulfill a sense of justice and can be said to be a proportional distribution as well

Суверенные Права Экваториальной Страны На Геостационарную Орбиту (ГСО), Поскольку Природные Ресурсы Ограничены (Sovereign Rights of an Equatorial Country to the Geostationary Orbit (GEO) Due to Limited Natural Resources) Farhani, Athari; Azizah, Faiqah Nur
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 12, No 1 (2025): Spring Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45937

This study discusses the injustice experienced by equatorial countries, especially Indonesia, in utilising geostationary orbit (GEO), which is geographically located above the equator. GEO is a limited and strategic natural resource, but is currently dominated by developed countries through the first-come, first-served principle, which is considered unfair and widens the global gap between developing and developed countries. This study aims to examine the sovereign rights of equatorial countries to GEO and to encourage recognition of these rights within the framework of international space law. This study uses a qualitative method with a literature approach and international legislation studies, specifically examining the provisions of the 1967 Outer Space Treaty and the 1976 Bogota Declaration. The study results indicate that although the Bogota Declaration is considered to conflict with Article 2 of the Outer Space Treaty, it is urgent to revise or adjust the international agreement to make it fairer for equatorial countries. In conclusion, as an equatorial country, Indonesia has a moral and geographical basis to demand recognition of sovereign rights over GEO as a limited resource within its territorial boundaries.Keywords: Geostationary Orbit; Equatorial Country; Sovereign Rights

Legal Regulations for Anticipating Artificial Intelligence-Based Workers through Institutional Transformation of Job Training and the Human Resources Revolution Santoso, Imam Budi; Triyunarti, Wiwin; Farhani, Athari; Azizah, Faiqah Nur; Suherman, Ade Maman
Devotion : Journal of Research and Community Service Vol. 5 No. 6 (2024): Devotion: Journal of Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i6.743

The rapid development of artificial intelligence (AI) technology has brought great changes to the lives of mankind. The emergence of AI as part of the rapid evolution of digitas technology has led to major changes in the world's lives. This research examines the impact of AI digitalization on Indonesia's workforce and the role of regulation in mitigating negative impacts. It emphasizes the need for holistic evaluation of labor law and modernization of professional job training programs. The research results show that the use of AI in Indonesia is increasing in various sectors, including the employment sector. Moreover, data privacy protection is still inadequate to ensure data protection and privacy of AI technology users. Therefore, it is necessary to update and add regulations that regulate comprehensively, covering data protection, algorithm transparency, occupational safety and health, elimination and specific retraining related to AI, and labor rights relevant to technological developments. It is also necessary to implement new regulations that provide legal protection for the application of AI can minimize the occurrence of cybercrimes on customer data.

Proof of Element of Unlawfulness Acts in The National Criminal Code Andre, Gusti Muhammad; Arief, Barda Nawawi; Sularto, RB; Azizah, Faiqah Nur; Nabela, Nadia
LAW REFORM Vol 21, No 2 (2025): Law Reform
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.v21i2.67253

In criminal law, unlawful acts are one of the elements of a crime. Logically, in addition to the acts formulated in the law, the unlawful act must also be proven. If an unlawful act is not proven, then an act cannot be considered a crime. However, the elements of unlawful acts regulated in the old Criminal Code differ from those in the National Criminal Code. This article aims to analyse the law of evidence in relation to unlawful acts in the National Criminal Code, in order to establish the truth of the matter. The research method used is the normative juridical method with a literature study analysis. Proving the essence of formal (written) law in the law of evidence is very easy; however, proving the essence of material law is more difficult, as it requires the judge to explore the sense of legal justice that exists in society. In criminal law, proof of unlawful acts is based on the postulate in criminalibus probantiones bedent esse lucis clariores, which states that in criminal cases, evidence must be clearer than light.

Legal Concept of Oil Palm Plantation Supply Chain Partnership as an Effort to Increase Competitiveness for Business Actors Astawa, I Ketut; Setiady, Tri; Iswari, Benny; Azizah, Faiqah Nur
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.44629

The study of the concept of partnership legal relationship patterns in the palm oil industry business world aims to explore the idea of partnership relationship patterns between farmers, processors, and suppliers in the oil palm plantation supply chain, as well as the role of each party in improving operational efficiency, sustainability, and competitiveness for business actors. Partnership legal relationship pattern theory emphasizes the importance of synergy and collaboration between various actors in the supply chain to achieve common goals. The purpose of this study is to examine the pattern of legal relationships in supply chain partnerships between the private sector and oil palm planters to enhance the competitiveness of business actors. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. The results of the study show that a good partnership can facilitate technology transfer, improve cultivation practices and strengthen the bargaining position of business actors and in general, the application of the concept of legal relationship patterns of oil palm plantation supply chain partnerships between private parties and private parties, oil palm planters in realizing the competitiveness of effective business actors in the supply chain can be a key strategy to increase the competitiveness of business actors and ensure Sustainability of the palm oil industry.

Конституционность Отмены Обязательных Расходов На Здравоохранение: Попытка Либерализации Отрасли Здравоохранения (The Constitutionality of the Abolition of Mandatory Healthcare Expenditures: An Attempt to Liberalize the Healthcare Sector) Triyunarti, Wiwin; Farhani, Athari; Tinambunan, Wahyu Donry; Azizah, Faiqah Nur; Rahmawati, Dheya
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.44441

Health expenditure is a fundamental obligation of the state, as healthcare is an essential public service that must be provided to its citizens, particularly to lower- and middle-income groups. The allocation of the health budget, both in terms of amount and percentage, cannot be altered without undergoing a legislative process and must comply with minimum constitutional requirements. With the enactment of Law No. 17 of 2023 on Health, the provision mandating compulsory health spending has been removed. This change represents a significant regression compared to the previous Law No. 36 of 2009 on Health, which guaranteed a fiscal allocation of at least 5% of the national budget (APBN) for the health sector. The research employs a normative legal method, drawing on conceptual and statutory approaches. The findings indicate that, according to the World Health Organization (WHO), mandatory health spending of only 4–5% of the Gross Domestic Product (GDP) is tough to sustain. Therefore, governments are encouraged to allocate at least 5% of their GDP to mandatory health spending. Indonesia’s decision to eliminate this mandatory spending poses a substantial risk of neglecting public health financing, especially for vulnerable groups. Ultimately, this may hinder adequate access to healthcare services and reduce both the quantity and quality of health programs for the general population.

Суверенные Права Экваториальной Страны На Геостационарную Орбиту (ГСО), Поскольку Природные Ресурсы Ограничены (Sovereign Rights of an Equatorial Country to the Geostationary Orbit (GEO) Due to Limited Natural Resources) Farhani, Athari; Azizah, Faiqah Nur
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45937

This study discusses the injustice experienced by equatorial countries, especially Indonesia, in utilising geostationary orbit (GEO), which is geographically located above the equator. GEO is a limited and strategic natural resource, but is currently dominated by developed countries through the first-come, first-served principle, which is considered unfair and widens the global gap between developing and developed countries. This study aims to examine the sovereign rights of equatorial countries to GEO and to encourage recognition of these rights within the framework of international space law. This study uses a qualitative method with a literature approach and international legislation studies, specifically examining the provisions of the 1967 Outer Space Treaty and the 1976 Bogota Declaration. The study results indicate that although the Bogota Declaration is considered to conflict with Article 2 of the Outer Space Treaty, it is urgent to revise or adjust the international agreement to make it fairer for equatorial countries. In conclusion, as an equatorial country, Indonesia has a moral and geographical basis to demand recognition of sovereign rights over GEO as a limited resource within its territorial boundaries.Keywords: Geostationary Orbit; Equatorial Country; Sovereign Rights

Kemunduran Demokrasi Dimulai Dari Kotak Suara Azizah, Faiqah Nur
BULETIN ADALAH Vol. 8 No. 1 (2024)
Publisher : UIN Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/adalah.v8i1.39148

The path to democratic breakdown is often deceptive. It is important to remain vigilant against these threats and to work to protect the integrity of democratic institutions. Rather than relying on overt methods such as coups or violent attacks on government officials, those seeking to undermine democracy may use more subtle tactics. These can include questioning the validity of the constitution or spreading misinformation about the government. Even the Constitution and other institutions with a constitutional label will continue to exist, and people can still vote. Democracy can be undermined by leaders who maintain the appearance of democracy while eliminating its substance. Therefore, the people, as the highest authority in a democratic system, must make efforts to preserve democracy. The progress and setbacks of democracy hinge on the ballot box, where voters critically evaluate the ideas of prospective leaders who will govern the country for the next five years. The progress and setbacks of democracy hinge on the ballot box, where voters critically evaluate the ideas of prospective leaders who will govern the country for the next five years. The progress and setbacks of democracy hinge on the ballot box, where voters critically evaluate the ideas of prospective leaders who will govern the country for the next five years. Therefore, it is crucial for voters to be aware of their responsibility in determining the future leader of the country.

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