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All Journal Sosiohumaniora Bestuur Jurnal Dinamika Hukum Unifikasi: Jurnal Ilmu Hukum Journal of Degraded and Mining Lands Management Logika : Jurnal Penelitian Universitas Kuningan Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum 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 Journal of Morality and Legal Culture Jurnal Bedah Hukum Unifikasi : Jurnal Ilmu Hukum Fundamental : Jurnal Ilmiah Hukum Jurnal Pintar Pengabdian dan Pemberdayaan Masyarakat Savana: Indonesian Journal of Natural Resources and Environmental Law
Suwari Akhmaddhian
Fakultas Hukum, Universitas Kuningan, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Economics, Econometrics & Finance Education Energy Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Harmonisasi Regulasi Nasional dalam Pengelolaan dan Pemanfaatan Tanah dalam Perpektif Teori Sistem Hukum Kayla Vania Gita Putri; Akhmaddhian, Suwari
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 16 No 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v16i02.3338

Abstract

This study aims to analyze the harmonization of national regulations on land management and utilization in Indonesia by examining the relationships between land regulations and the challenges of their implementation, both vertically and horizontally. Using a normative juridical method supported by a qualitative approach, this study analyzes the alignment between the Basic Agrarian Law (UUPA) as the legal umbrella for agrarian affairs and sectoral regulations governing forestry, mining, spatial planning, the environment, and investment. The results indicate that despite the comprehensive normative framework for land management, regulatory disharmony persists due to overlapping authority, differing interpretations of regulations, and institutional fragmentation. This situation results in uncertainty over land status, slowed development, and increased agrarian conflict. The conclusions of this study emphasize the importance of regulatory harmonization through the integration of legal substance, institutional alignment, optimization of the national land database, and improvement of legal culture to ensure effective, equitable, and sustainable land governance.
Integrasi Sanksi Administrasi dan Sanksi Pidana dalam Kejahatan Pertambangan Batu Bara (Studi Putusan Pengadilan No. 123/Pid.Sus/2024/PN.Smr) Rina Susanti; Akhmaddhian, Suwari
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 16 No 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v16i01.3345

Abstract

This study aims to analyze the administrative and criminal law provisions in coal mining crimes and their application in Decision Number 123/Pid.Sus/2024/PN Smr. The research method used is normative juridical, with a statutory, conceptual, and court decision study approach, utilizing primary and secondary legal materials. The results indicate that administrative mining law comprehensively regulates licensing, supervision, and administrative sanctions mechanisms as instruments for initial control of mining activities. On the other hand, criminal law serves as a means of enforcement against serious violations. However, in its application, the analyzed decisions demonstrate a tendency toward criminal-centric law enforcement, without optimizing administrative law instruments. The conclusion is that coal mining law enforcement does not yet reflect proportional integration between administrative and criminal law. Therefore, a strengthened, hierarchical, integrated law enforcement approach oriented toward improving mining governance is needed. The government, particularly the Ministry of Energy and Mineral Resources, the National Police, and the Supreme Court, need to strengthen the monitoring and enforcement mechanisms for administrative and criminal sanctions consistently against coal mining violations.
Analisis Putusan Mahkamah Agung tentang Uji Materiil Peraturan Presiden tentang Jaminan Kesehatan Pendekatan Teori Sistem Hukum Ade Ramli; Akhmaddhian, Suwari
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 16 No 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v16i01.3355

Abstract

This study aims to examine the legal basis and authority of the President in issuing the Presidential Regulation on Health Insurance, specifically regarding the BPJS Kesehatan contribution policy, which is deemed not fully in line with statutory provisions. The method used is normative juridical, with a legislative approach and a literature review of the National Social Security Law (SJSN), the BPJS Law, and the Presidential Regulation on the National Health Insurance (JKN). Data were analyzed qualitatively to assess the conformity of the Presidential Regulation's material with the hierarchy of norms and the limits of delegation of authority. The results indicate that several provisions in the Presidential Regulation, particularly regarding the contribution determination mechanism, lack a clear basis for delegation, thus creating normative conflicts and expanding executive authority beyond that granted by law. The Supreme Court's decision to annul the provision on contribution increases reinforces the importance of the principles of legality, legal certainty, and judicial oversight in the implementation of the JKN. In conclusion, the judicial review mechanism plays a crucial role in ensuring the Presidential Regulation remains consistent with the law, thus requiring more careful and transparent regulation development in the field of Health Insurance.
Analisis Kritis terhadap Putusan Mahkamah Konstitusi atas Pengujian Materiil Undang-Undang tentang Kepolisian Yogeta, Yogeta; Akhmaddhian, Suwari
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 16 No 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v16i02.3357

Abstract

The purpose of this study is to analyze the regulations for the appointment and dismissal of the Chief of the Republic of Indonesia Police based on Law Number 2 of 2002 concerning the Police and the Decision of the Constitutional Court (MK) Number 147/PUU-XXIII/2025 concerning the material review of Article 11 paragraph (2) of Law Number 2 of 2002 concerning the Republic of Indonesia Police. The research method uses a normative juridical method supported by legal materials relevant to the research theme. The results of the study are that the petition was filed by two applicants, but only Applicant I was declared to have legal standing. The focus of the review relates to the unclear term of office of the Chief of the Republic of Indonesia Police, multiple interpretations of the explanation of the article, and the alleged inconsistency of norms with the principles of the rule of law. The MK's considerations rejected the petition, and analyzed it using Lawrence M. Friedman's Legal System Theory, which includes legal structure, legal substance, and legal culture. The conclusion of the study shows that the Constitutional Court considers the norms of the Police Law to be still constitutional, and the ambiguity argued by the Applicant has been answered through previous Constitutional Court decisions. The Constitutional Court's ruling confirms that, structurally and institutionally, the President's prerogative authority regarding the National Police Chief remains compatible with the principles of the rule of law. While there is still room for improvement in terms of substance and legal culture to strengthen legal certainty.
Effectiveness of Regulations and Institutions for Eradicating Corruption in Southeast Asia: A Comparative Study of Indonesia and Vietnam Hidayat, Sarip; Suwari Akhmaddhian; Erga Yuhandra; Budiman, Haris; Lam Thanh Danh
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1214

Abstract

Corruption is a major problem in Southeast Asia because it slows down economic growth, reduces public trust, and can destabilize governments. Therefore, this study aimed to identify and analyze how corruption is addressed in Indonesia and Vietnam. A socio-legal method was used by combining normative analysis of anti-corruption rules. Data were obtained from statutory regulations, reports from anti-corruption institutions, journal articles, and international sources such as Corruption Perceptions Index. The results showed that in Indonesia, the fight against corruption was mainly led by Corruption Eradication Law and Law on Corruption Eradication Commission. Following the discussion, enforcement was conducted by Corruption Eradication Commission (KPK). In Vietnam, anti-corruption efforts were managed under Law on Anti-Corruption and implemented through institutions such as Government Inspectorate and Central Steering Committee for Anti-Corruption Work. Indonesia had comprehensive regulations and an independent institution that played a significant role in investigating, prosecuting, and adjudicating corruption cases. However, changes made to the law in 2019 were observed by many as weakening the independence and effectiveness of the institution. Vietnam relied on a centralized method led by Communist Party through "Blazing Furnace" campaign, which successfully prosecuted high-ranking officials. Its long-term effectiveness remained questionable due to limited judicial independence and transparency. A comparative analysis showed that Indonesia prioritized the rule of law as well as checks and balances. Meanwhile, Vietnam relied on political consistency and centralized decision-making to eradicate corruption. The analysis assumed that successful corruption eradication depended on the synergy among regulations, independent institutions, and sustained political commitment. These included strengthening the independence of institutions, clarifying the authority of different law enforcement agencies, using digital tools to increase public oversight, improving judicial independence, and inspiring greater participation from civil society to promote government transparency.
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.
Co-Authors Abi Wisnu Rahmatullah Ade Ramli Adzkari, Feby 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 Andriyani, Yani Anggit Anggiatna Ardiansah, Ardiansah Arief Rahman Asri Agustiwi Azmy Sabila Gustianitami Bachtiar, Beben Muhammad Bahtiar, Muhammad Beben Bhandari, Rahul Bias Lintang Dialog Bilal Abdurrahman Bilhaq, Rhejan Gema Mahardika Dadan Hermansyah Dede Suhendar Dede Yusuf Dela Agustin Dela Agustin Dewi Kusumawati, Dewi Dewi Setiawati Diding Rahmat Dikha Anugrah Dikha Anugrah Dikri Alpan Fadilah Diky Hikmatul Fittra Dila Nabila Ega Fahril Fadilah Ela Nurlaela Elvany, Virgin Enggartiasto Adipradana Erga Yuhandra 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 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 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 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 Roehan Akbar Roni Nursyamsu Royvaldo Royvaldo, Royvaldo Sari Aprilianti 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 Tedi Setiadi Teten Tendiyanto Teti Mardiani Tiaranita, Intan Titan Triatna Kurniawan Toto Supartono 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