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All Journal Jurnal Media Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Khazanah Hukum Student Journal of International Law International Journal of Law and Society ULJLS
Adwani Adwani
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penanggulangan Penangkapan Ikan secara Ilegal di Perairan Provinsi Aceh Adwani, Adwani
Jurnal Media Hukum Vol 25, No 2, December 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0109.137-149

Abstract

Countermeasure against illegal fishing in Aceh water territory has not yet run effectively as expected in accordance with the Law Number 45 of 2009 on Fisheries. This research aims to identify the policies of the local government relating to the countermeasure of illegal missing the mentioned territory. Data were collected through library research on reliable sources such as books, journals and other scholary works. In addition, field works foe collecting primary data have also been conducted through interview with relevant informen and respondents. It is found that the local government has shown necessary efforts in preventing and combating illegal fishing by issuing regulation concerning fishery issues and making coordination with relevant parties the Navy, Office of Maritime Affairs and Panglima Laot. Nevertheless, more efforts are needed including the issuance of the more specific regulation on illegal fishing which can address the case of illegal fissing by foreign fishing vessels. This is important since the existing regulation can only deal with the case of illegal fishing carried out by local fishermen with regards to illegal fishing gear and fishing permits.
Construction of Narcotics Law Against Narcotics Abusers in Perspective Justice Pranoto, Heru; Adwani, Adwani; Rizanizarli, Rizanizarli; Gaussya, Mohd
Khazanah Hukum Vol 6, No 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.37635

Abstract

Article 54 of the Narcotic Drugs Act stipulates that drug abuse must undergo medical and social rehabilitation, but in fact, the provisions of Article 54 are not implemented to the maximum. This is evident from the existence of narcotic abusers who became non-rehabilitated addicts but dropped criminal penalties in prison. As a result, the agency is filled with excess capacity. The study's objectives are to investigate and evaluate the legal frameworks surrounding drugs law in order to fulfill the sense of justice towards drug abuse. This research is a normative law study, exploring legal thinking about the reconstruction of a fair law against drug abuse. To support data accuracy, legislative approaches, conceptual approaches, and comparison approaches are used. In normative legal research, data collection is carried out with library research and supplemented with field research. Data analysis is done qualitatively. The results of the research show that legal constructions that provide legal certainty, utility, and justice to drug addicts and drug users through a victim perspective, access to both social and medical rehabilitation, in addition to the trusts and purposes of the Narcotics Act, are ideal and coveted legislative constructions.
REGULATION OF CHEMICAL WEAPONS IN SELF-DEFENSE UNDER ARTICLE 51 OF THE UNITED NATIONS CHARTER Faradilla, Rizka; Adwani, Adwani
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.20676

Abstract

This study examines the regulation and use of chemical weapons in the context of state self-defense, exploring why certain countries resort to chemical weapons to defend against attacks. Conducted as normative legal research, the findings reveal that Article 51 of the United Nations Charter, which addresses self-defense, does not explicitly outline permissible weapons for this purpose. Consequently, many countries continue to utilize chemical weapons, despite their prohibition in warfare. The United Nations should consider amending the Charter, particularly Article 51, to include clearer guidelines on anticipatory self-defense actions. This would help prevent nations from justifying armed attacks for self-serving interests that ultimately harm others.
Legal Study of Building Sharia-based Investment in Aceh: The Challenges After the Enactment of the Qanun of Sharia Financial Institution Yahya, Azhari; Yusri, Yusri; Adwani, Adwani; Adli, M.; Jafar, M.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.17653

Abstract

The presence of Aceh Qanun Number 11 of 2018 concerning Sharia Financial Institution (SFI) is an important breakthrough in building a Sharia-based economy in Aceh. This goes hand in hand with Aceh's privileges in implementing Islamic law as stipulated in the Aceh Qanun Number 8 of 2014 concerning Principles of Islamic Sharia. Hence, this research aims to scrutinize the challenges in building Sharia-based investments in Aceh after the enactment of the Qanun of SFI. This study was conducted using normative legal methods with statutory and Sharia economic law approaches. The data analyzed are literature and legal rules such as laws, qanuns, books, and articles related to the discussion. The results of this study indicate that there are several challenges occur in building Sharia-based investments in Aceh. Firstly, lack of understanding about SFI Qanun by stakeholders because not all of them have a full understanding of the contents of this Qanun. Secondly, limited access to financial resources that can be used by investors, and business actors to run their businesses. Thirdly, Aceh's low economic growth has resulted in low investors interested to invest in Aceh. This condition has a significant impact on the sustainability of Sharia-based investments in Aceh. Fourthly, inadequate infrastructure especially information technology infrastructure to support the implementation of the Qanun of SFI. Therefore, it is suggested to the Government of Aceh provide a better understanding of the Qanun of SFI at all levels of society. Then,  the government also needs to open access to financial resources for the investors and business actors who want to invest in Aceh. Besides, appropriate measures to increase economic growth in Aceh need to be taken promptly so that incoming investment may increase gradually. Finally, in the context of the Sharia economy, the existence of the LSK qanun is part of legal efforts for the benefit of all financial transactions in Aceh in accordance with Islamic Sharia values.
THE PRINCIPLE OF MUTUAL RECOGNITION IN ASSOCIATION OF SOUTHEAST ASIAN NATIONS FREE TRADE Nasution, Siti Nurahmi; Adwani, Adwani; Sutiarnoto, Sutiarnoto; Leviza, Jelly
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.13154

Abstract

This essay intends to examine the ASEAN Free Trade Agreement's implementation and the ASEAN Free Trade Agreement's recognition concept. This paper's research was conducted using normative legal research techniques. Secondary sources were used as the primary source of information for this investigation. Documents and scientific publications from the library are examples of secondary materials. Laws and regulations, agreements, legal theories, and future scientific works are only a few examples of the legal papers that have been used as literary resources. The concept of recognition in ASEAN free trade is the subject of this normative study, which will be explained analytically as a whole object methodically in light of the facts gathered.
Legal Protection of Waqf Land That Is Not Registered at the Land Office Teuku Ikhlasul Mufti; Ilyas, Ilyas; Adwani, Adwani
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.690

Abstract

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.
Co-Authors Adli, M. Azhari Yahya Faradilla, Rizka Gaussya, Mohd HERU PRANOTO Ilyas Ilyas Jelly Leviza M. Jafar Nasution, Siti Nurahmi Rizanizarli, Rizanizarli Sutiarnoto Sutiarnoto Teuku Ikhlasul Mufti Yusri Yusri