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All Journal JURNAL HUKUM Sosiohumaniora Bestuur Jurnal Dinamika Hukum Unifikasi: Jurnal Ilmu Hukum Journal of Degraded and Mining Lands Management Logika : Jurnal Penelitian Universitas Kuningan Empowerment : Jurnal Pengabdian Masyarakat Al-Jinayah: Jurnal Hukum Pidana Islam Jurnal Ius Constituendum Substantive Justice International Journal of Law JURNAL ILMIAH LIVING LAW TAHKIM Jurnal Ilmiah Galuh Justisi ADLIYA: Jurnal Hukum dan Kemanusiaan Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Legal Reasoning Risalah Hukum Jurnal Bedah Hukum Jurnal Hukum Pelita Uniku Law Review Unifikasi : Jurnal Ilmu Hukum Fundamental : Jurnal Ilmiah Hukum Jurnal Pintar Pengabdian dan Pemberdayaan Masyarakat Savana: Indonesian Journal of Natural Resources and Environmental Law Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Suwari Akhmaddhian
Fakultas Hukum, Universitas Kuningan, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Penegakan Hukum terhadap Tindakan Pembangunan Kontruksi pada Sumber Air Tanpa Izin Muhammad Luthfi Saputra; Suwari Akhmaddhian
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.91

Abstract

Water resources (SDA) are a vital basic need for human life, but their management is often misused, which is detrimental to the environment. In Indonesia, the management of SDA is regulated by various regulations, including Law No. 17 of 2019, which regulates the licensing mechanism for the utilization of SDA. This study aims to analyze the regulation of construction permits on water sources and the implementation of the law against unauthorized construction acts through a case study of Supreme Court decision No. 1932 K/PID.SUS/2016. The research method used is normative juridical with an analytical prescriptive approach, which examines related laws and regulations and relevant legal decisions. The results show that water resource licensing regulations require all activities related to SDA to obtain permits from the authorities. The case studied shows that the defendant carried out construction on a water source without a valid permit, violating the provisions of Law No. 7 of 2004 and Law No. 17 of 2019, and causing damage to the surrounding environment. This study concludes that law enforcement against violations of natural resource permits needs to be strengthened to prevent environmental damage and ensure sustainable natural resource management.
Penegakan Hukum terhadap Pelaku Tindak Pidana Pertambangan Batu Hias Ilegal di Indonesia Ahmad Jalaludin Arrodli; Suwari Akhmaddhian
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.93

Abstract

This study aims to analyze law enforcement against the crime of illegal ornamental stone mining, specifically based on a case study of Decision Number 40/Pid.Sus/2024/PN Mna at the Manna District Court. This study uses a normative juridical method by examining Decision Number 40/Pid.Sus/2024/PN Mna and Law Number 4 of 2009 concerning Mineral and Coal Mining. The analysis shows that law enforcement officials have taken firm action by imposing penalties on perpetrators who violate the rules. However, there are obstacles in law enforcement due to low public awareness, limited equipment, and weaknesses in the legal structure and culture in the community. The conclusion states that law enforcement needs to be strengthened through licensing system reform, public education, and more effective supervision to prevent future violations. Suggestions Strengthening cooperation between law enforcement officials and the community, Legal education about the importance of mining permits, Policy reforms that expedite and simplify the processing of mining permits.
Penegakan Hukum terhadap Pelaku Tindak Pidana Penyalahgunaan Gas Bumi Bersubsidi Nirma Sri Asyfa; Suwari Akhmaddhian
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.95

Abstract

Natural gas, as a strategic resource, undergoes various stages in exploration, exploitation, and processing to become downstream products such as Liquefied Petroleum Gas (LPG), a product of natural gas management aimed at supporting government energy policies to assist vulnerable communities. However, misuse of subsidized natural gas remains common. Based on this, this article examines the case of Decision No. 151/Pid.B/LH/2022/PN Kdr. The purpose of this article is to determine the effectiveness of regulations in managing natural gas distribution and to understand how the legal system can support more effective enforcement. The research method used is normative juridical. The analysis concludes that the application of natural gas regulations to address the misuse of subsidized LPG distribution can be seen in how these regulations serve as the legal basis for protecting energy subsidies from practices detrimental to the public and the state. The application of legal system theory to this case demonstrates that the misuse of subsidized gas is not only caused by weaknesses in the legal structure or legal substance but also influenced by the existing legal culture.
Penegakan Hukum terhadap Pengelolaan Sumber Daya Air Tanpa Izin di Indonesia Susi Sopiani; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.96

Abstract

Water resources are essential for human life and ecosystems on Earth. Water resource management in Indonesia is an increasingly pressing issue due to the increasing need for clean water and the increasingly apparent impacts of climate change. The purpose of this study is to determine the regulation and implementation of unlicensed water resource management in Indonesia. The research method used is a normative juridical research method with a case approach, which analyzes court decisions and the relevance of existing laws and regulations. The results conclude that legal regulations regarding unlicensed water resource management have been formulated comprehensively, one of which is regulated in Law Number 17 of 2019 concerning Water Resources. Its implementation indicates that these violations are caused by low public legal awareness and weak oversight by the authorities. The judge's decision to grant probation reflects an educational and restorative justice approach in the Indonesian legal system. In conclusion, to improve the effectiveness of legal implementation, more intensive socialization regarding water resource licensing and strengthened oversight by the government and law enforcement officials are needed. This is expected to build a legal culture that supports the legal and sustainable sustainability of water resources.
Pertangungjawaban Hukum terhadap Pelaku Tindak Pidana Penyalahgunaan Liquefied Petroleum Gas (LPG) Bersubsidi di Indonesia Shinta Putri Sanjaya; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.98

Abstract

This study aims to determine how law enforcement is carried out against perpetrators of criminal acts of misuse of Subsidized Liquefied Petroleum Gas (LPG) and how to analyze Court Decision Number 186/Pid.Sus/2024/PN.Cjr Concerning Subsidized Liquefied Petroleum Gas (LPG). The main legal basis governing the management of oil and gas in Indonesia is Law Number 22 of 2001 concerning Oil and Gas. The method used in this study is a normative juridical approach research method, namely reviewing and analyzing the effectiveness of laws and regulations, legal theories and jurisprudence related to the problems discussed. The results of the study indicate that the misuse of subsidized LPG involves criminal sanctions in the form of imprisonment, fines, and revocation of business licenses for corporate actors and has a negative impact on economic stability. The conclusion of this study is that Law Number 22 of 2001 concerning Oil and Gas comprehensively regulates all aspects related to the management of oil and gas. Liquefied Petroleum Gas (LPG) is a vital energy source for Indonesians, particularly for households and small businesses. Legally, misuse of subsidized LPG carries criminal sanctions, including imprisonment, fines, and even revocation of business licenses for corporations, and negatively impacts economic stability. Therefore, firm law enforcement measures and stricter distribution oversight are needed to accurately record subsidy recipients to ensure targeted and effective subsidies, and to consider more efficient direct subsidy mechanisms.
Penegakan Hukum terhadap Tindak Pidana Penjualan Hasil Tambang Tanpa Izin di Indonesia (Studi Putusan Nomor 48/Pid.Sus/2023/Pn.Mntk) Ratu Sheebakayla; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.150

Abstract

The abundance of mining resources in Indonesia, besides having positive impacts, can also have negative impacts, such as triggering the practice of selling mining products without permits. This study aims to determine the regulation of criminal acts of selling mining products without permits and its implementation in cases of illegal mining in West Bangka Regency based on Decision Number 48/Pid.Sus/2023/Pn.Mntk. The research method used in this research is the library research method. The results show that based on Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, every mining activity is required to have a permit. Mining without permits causes significant losses to the state and society. In conclusion, the crime of selling mining products without a permit is regulated in Article 161 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining where the perpetrator is threatened with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000.00 (one hundred billion rupiah). The implementation of the regulation of the practice of selling mining products without a permit in Decision Number 48 / Pid.Sus / 2023 / Pn.Mntk is shown by the imposition of a criminal sentence on the Defendant YF with a prison sentence of 4 (four) months and a fine of IDR 1,000,000 subsidiary 2 (two) months. The government should carry out strict supervision in the mining sector to prevent and overcome the practice of selling mining products and needs to hold socialization regarding the negative impacts of illegal mining.
Pertangungjawaban Hukum Pelaku Tindak Pidana Pertambangan Emas Ilegal di Indonesia Ine Tustinaningsih; Suwari Akhmaddhian
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.584

Abstract

Indonesia is a country with abundant natural resources, including minerals and coal. However, the management of these natural resources faces serious challenges, one of which is the practice of illegal mining, especially unlicensed gold mining which harms the state and pollutes the environment. This research aims to analyze the legal arrangements related to the crime of illegal gold mining in Indonesia and its implementation in the case of Decision Number 16/Pid.Sus/2024/PN Mbo. The method used is normative juridical, by examining legal theory and related legislation. The results showed that Law Number 3 of 2020 concerning Mineral and Coal Mining has clearly regulated illegal mining crimes, including criminal sanctions and heavy fines. However, implementation in the field is still constrained by weak supervision, limited resources, and lack of law enforcement. Case No. 16/Pid.Sus/2024/PN Mbo revealed a violation of Article 158 of the Minerba Law, in which the defendant was found guilty of mining without a license and sentenced to imprisonment and a fine. The conclusion is that legal arrangements related to illegal mining in Indonesia are quite comprehensive, but their implementation requires strengthening. Suggestions include improved coordination between the central government, local governments and communities, as well as stricter law enforcement to effectively address illegal mining.
Conservation-Based Spatial Planning Policy Formulation To Strengthen Tourism Districts Budiman, Haris; Akhmaddhian, Suwari; Yuhandra, Erga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4122

Abstract

This study discusses the formulation of regional policies in the field of conservation-based spatial planning to strengthen tourism districts. The purpose of this study is to identify and analyze the factors that influence spatial planning policies in areas that have agricultural and tourism contours. This research uses a descriptive-analytical method with a qualitative approach. The results of this study indicate that there are several factors that influence conservation and tourism-based spatial planning policies in the regions, including national policies, regional policies, community needs, and regional tourism potential. Based on the results of this analysis, the researcher recommends that tourism-based spatial planning policies in the regions should be prepared by considering these factors and involving various related parties, such as the government, community, and tourism actors. In order to implement effective conservation and tourism-based spatial planning policies, the researcher also recommends forming a team or working group specifically tasked with compiling, supervising, and evaluating these policies. In addition, the researchers also suggested campaigns and outreach to the public to increase awareness and participation in maintaining and developing regional tourism.
The effectiveness of post-mining land rehabilitation policy in realizing environmental sustainability: Lessons from Sukageuri View, Kuningan, West Java Akhmaddhian, Suwari; Supartono, Toto; Anugrah, Dikha; Hidayat, Sarip; Budiman, Haris; Yuhandra, Erga; Setiawan, Wawan
Journal of Degraded and Mining Lands Management Vol. 11 No. 1 (2023)
Publisher : Brawijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15243/jdmlm.2023.111.5059

Abstract

The effective management of natural resources is critical in achieving environmental sustainability, and it requires a careful balance of ecological and economic interests. Therefore, this study analyzed the effectiveness of village government policy in managing post-mining land for environmental sustainability using a non-doctrinal legal approach. Primary data were collected through interviews and observations, while secondary data came from regulations, scientific journals, and papers related to post-mining land rehabilitation governance. The study was conducted in Sukageuri View, Kuningan Regency. The study found that the policy implemented by the Cisantana Village Government in managing post-mining land through the establishment of the Village-Owned Enterprise (VOE) in 2016 has been effective. The area, formerly known as Sukageuri View, is home to various flora and fauna species, with several businesses operating and over 114,000 visitors engaging in social activities in 2022. Additionally, the site has contributed to the village's original income and supported the work program of the Cisantana Village Government. In conclusion, the policy implemented by the Cisantana Village Government effectively balances ecological, social, and economic factors, meeting the criteria for environmental sustainability.
The Reconstruction of Legal Protection Regulations for Tourists Based on Justice Value Haris Budiman; Suwari Akhmaddhian; Rivan Maulana; Agus Susanto; Komm Pechinthorn
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.42194

Abstract

This research aimed to examine the legal protection available and to propose reconstruction of government regulations in legal protection for tourists in Mount Ciremai National Park in Indonesia based on the principles of justice. The methodology used was socio legal research analysis. The results showed that legal protection for tourists in Mount Ciremai National Park area was supported by Islamic law, specifically referenced in the Qur'an, Surah Al-Tawbah, verse 6, as well as by various Indonesian laws and regulations. These included Law on Tourism, Kuningan Regency Regional Regulation on Tourism Implementation, Majalengka Regency Regional Regulation on Tourism Implementation, and Law on Consumer Protection. Furthermore, the proposed reconstruction of government regulations included the inclusion of a new article in Law on Tourism. This article would hold tourism entrepreneurs legally accountable for any losses resulting from the negligence of service personnel or deficiencies in infrastructure at tourist attractions. The research outlined two key discoveries where regulations governing tourism were established under existing tourism laws. Although these laws provided legal protection for tourists, the regulations did not address compensation for losses caused by the mismanagement of tourist attractions. The inclusion of these provisions would significantly enhance the legal framework for safeguarding tourists.
Co-Authors Abi Wisnu Rahmatullah Ade Ramli Adzkari, Feby Agus Susanto Agustian, Agung Gumelar Agustin, Dela Agustina, Vinda Ahmad Jalaludin Arrodli Ahmad Rayhan Aini, Zahro Qurrotul Al Ghifari, Muhammad Ghifar Alfi, Muhamad Alif Faisal Abdilah Amrullah, Dzikri Anik Andini Khoirunnisa Anditya, Ariesta Wibisono Andri Hendriawan Andri Hendriawan Andri Hendriawan Andriyani, Yani Anggit Anggiatna Ardiansah, Ardiansah Arief Rahman Asri Agustiwi Asri Apriliani Azmy Sabila Gustianitami Bachtiar, Beben Muhammad Bahtiar, Muhammad Beben Bakrie Mandela Bhandari, Rahul Bias Lintang Dialog Bilal Abdurrahman Bilhaq, Rhejan Gema Mahardika Cucun Cundaya Fitria Sari Dadan Hermansyah Dede Suhendar Dede Yusuf Dela Agustin Dela Agustin Dewi Kusumawati, Dewi Dewi Setiawati Diding Rahmat Dikha Anugrah Dikri Alpan Fadilah Diky Hikmatul Fittra Dila Nabila Ega Fahril Fadilah Ela Nurlaela Elvany, Virgin Enggartiasto Adipradana Erga Yuhandra Fadilah, Dikri Alpan Fajar Octavian Nugraha Fathanudien, Anthon Fauzan Alkautsar Feby Adzkari Fera Ardilawati Fernanda, Adam Banyu Fitria Sari, Cucun Cundaya Frisca Meilan Dwi Lestary Furqon, Eki Ganjar Sapta Bayu Perkasa Gios Adhyaksa Gios Adhyaksa Gita Ayu Pramesti Gladystia Nirwana Mulyaputri Gumilar , Doni Cakra Gustianitami, Azmy Sabila Haris Budiman Harjadi, Dikdik Hendriawan, Andri Heri Ramdani Hermansyah, Dadan Hidayat, Sarip Holillah Romdhona Idit Vikriandi Ikbal Maolana Iman Jalaludin Rifai Iman Jalaludin Rifai Iman Jalaludin Rifa’i Indah Maulani Putri Indah Permata Sari Indah Tri Utami Ine Tustinaningsih Intan Fandini Intan Tiaranita Ira Ghina Salsabila Irfan Mochammad Firmansyah ISMAIL, AGUS YADI Jalaludin Rifa'i, Iman Karolina Maulida Kayla Vania Gita Putri Kiki Rizki Febrian Komm Pechinthorn Krisna Monita Sari Kusumah, Fathan Arya Wijaya Lam Thanh Danh Lilis Supriatin Lintang Dialog, Bias M Hanifan Bagus P M. Rizal Mardiani, Teti Maulana, Pani Mochamad Riski Maulana Mochammad Imron Awalludin Ms. Sineenat Suasungnern Muhamad Alfi Muhamad Rizal Muhammad Beben Bahtiar Muhammad Hatta Muhammad Luthfi Saputra Muhammad Raihan Pratama Nabila, Dila Nadia Fauziah Anugrah Nirma Sri Asyfa Novia Andini Nur Aisyah Sintawati Nurpajar, Shefiyana Okolie, Ugo Chuks Pani Maulana Peny Hanipah Pina, Pina Pipin Apriani Rahmatwati, Suci Rahul Bhandari Ramadhan, Mahendra Utama Cahya Ramliki, Ramliki Ratna Sayyida Ratu Sheebakayla Ressa Siti Nurhasanah Rhejan Gema Mahardika Bilhaq Ria Virigianti Rian Juliansyah Pratama Rifai, Iman Jalaludin Rifky Sunandi Rina Susanti Rivan Maulana Roehan Akbar Roni Nursyamsu Royvaldo Royvaldo, Royvaldo Sari Aprilianti Sarip Hidayat Sarip Hidayat Sarip Hidayat Sarip Hidayat Sarip Hidayat, Sarip Septian Apriditiya Shinta Putri Sanjaya Simanjorang, Ruben Sopia Rahma Sri Ayu Andayani Sukron Aminudin Sundari, Pipi Supartono, Toto Susi Anjas Astuti Susi Sopiani Taupik Hidayat, Taupik Tedi Setiadi Teten Tendiyanto Teti Mardiani Tiaranita, Intan Titan Triatna Kurniawan Triatna Kurniawan, Titan Ugo Chuks Okolie Veggy Juniwati Vinda Agustina Virgin Elvany Virigianti, Ria Wahdan Ahnaf Al-azizi Wawan Setiawan Wina Puspasari Wisnu Gita Prapanca Wulan Cahyaningsih Yani Andriyani Yogeta, Yogeta Yudhistira, Donny Yudistira, Dony Yuhandra, Erga