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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.
Penerapan Kewenangan Diversi Terhadap Anak Yang Berhadapan Dengan Hukum Cucun Cundaya Fitria Sari; Gios Adhyaksa; Suwari Akhmaddhian; Muhammad Raihan Pratama
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6391

Abstract

Abuse of position through extortion constitutes a form of power misuse that significantly The purpose of this study is to determine and analyze the regulation and application of the prosecutor's authority in implementing diversion for children in conflict with the law in Cirebon Regency and Kuningan Regency. The analytical method used in this study is empirical juridical, namely a type of legal research that examines applicable legal provisions and what happens in reality in society. The con-clusion of this study is that the prosecutor's authority has been regulated in Article 7 and Article 42 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System along with other relevant regulations, and regulates limitations on the types of cases that can be diverted, which actually becomes an obstacle, because it shows that not all children who are perpetrators of crimes can be diverted. In addition, in its implementation, diversion is still faced with technical and cultural obstacles. Thus, the suggestions that can be recommended in this study are that policy makers need to revise or improve regu-lations governing diversion so that limitations that hinder the implementation of diversion efforts can be reviewed, and there is a need for increased socialization and education to the community and victims regarding the importance of diversion in protecting children's rights, as well as strengthening synergy between law enforcement agencies and social service providers to support the effectiveness of diversion im-plementation in the field
Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison Sarip Hidayat; Suwari Akhmaddhian; Andri Hendriawan
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22272

Abstract

his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.
Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison Sarip Hidayat; Suwari Akhmaddhian; Andri Hendriawan
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22272

Abstract

his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.
Sosialisasi Bahaya Narkoba dan Bantuan Hukum sebagai Program Peningkatkan Kesadaran Hukum di Desa Jagara Asri Apriliani; Bakrie Mandela; Sarip Hidayat; Suwari Akhmaddhian
Empowerment : Jurnal Pengabdian Masyarakat Vol. 8 No. 03 (2025): Empowerment
Publisher : Program Studi Ilmu Hukum Fakultas Hukum Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/empowerment.v8i03.5836

Abstract

Legal counseling is a preventative measure to increase public legal awareness, particularly regarding legal aid and anticipating drug abuse. Legal aid is a crucial instrument in ensuring access to justice for the underprivileged, as mandated by Law Number 16 of 2011 concerning Legal Aid. This counseling provides an understanding of legal rights, procedures for obtaining legal aid, and the role of legal aid institutions in assisting people facing legal issues. Furthermore, the counseling also highlights the dangers of narcotics and strategies for preventing and addressing them. With the increasing number of drug abuse cases among various groups, effective education is needed regarding the negative impacts of drugs, legal sanctions governing abuse, and the active role of families and communities in preventing drug distribution. Through this legal counseling in Jagara Village, Darma District, Kuningan Regency, it is hoped that the community will have a better understanding of their legal rights, increase awareness in utilizing legal aid appropriately, and be able to contribute to drug abuse prevention efforts. This aims to create a safer, more orderly, and more just environment for all levels of society.
The Strengthening Government Policies on Mineral and Coal Mining to Achieve Environmental Sustainability in Indonesia, Africa and Germany Akhmaddhian, Suwari; Budiman, Haris; Bhandari, Rahul
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71279

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Indonesia has enacted a number of regulations dealing with issues of mining governance, and governance. However, the issuance of these various laws and regulations has resulted in illegal mining crimes resulting in environmental damage. The purpose of this study is to analyze sustainable mining governance policies in Indonesia, Africa and Germany. This research method uses a doctrinal legal approach. Resources have been compiled through an examination of mineral and coal mining laws and regulations, governance and environmental governance regulations, as well as reports from various authorities on the same subject. The results of this study show how Indonesia's previous mining law policies recognized local governments as the authority for licensing and monitoring mining activities. This policy was revoked based on the latest governance regulations and had an impact on the vacancy in monitoring mining activities at the district/city level, as a result of this vacancy there was environmental damage due to illegal mining and bad mining activities so that it was necessary to strengthen government policies in monitoring mineral and coal mining. Mining governance policies in Indonesia, Africa and Germany are currently starting to lead to environmental sustainability.
Integration of Sunda Wiwitan Traditional Institutions in Environmental Legal System Erga Yuhandra; Suwari Akhmaddhian; Iman Jalaludin Rifa'i; Haris Budiman
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.406-422

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This study aims to analyze the role of customary institutions within the environmental legal system and to identify the gap between customary law values and local policies in achieving sustainable environmental governance. The research employs an empirical juridical method with a socio-legal approach, combining statutory and sociological approaches. Data were collected through in-depth interviews, field observations, and document analysis, and were qualitatively analyzed using an interactive model to examine the relationship between legal norms and social practices. The novelty of this study lies in emphasizing customary institutions as a form of living law that functions not only culturally but also possesses regulatory capacity in managing the environment based on local wisdom. The findings reveal that customary institutions play a significant role in maintaining environmental sustainability through social mechanisms and local values; however, they have not been optimally integrated into the formal legal system, resulting in normative and implementation gaps. Based on these findings, this study concludes that strengthening and integrating customary institutions into local environmental policies is a strategic step toward achieving inclusive, sustainable, and equitable environmental governance.
Law Enforcement of Corruption Crimes in Geothermal Mining Sector in Indonesia to Realize the Value of Justice Sindi Susanti; Maman Nurohman; Suwari Akhmaddhian
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.817

Abstract

In 2026, Indonesia recorded a low corruption perception index score of 38 and ranked 109th out of 180 countries. This condition emphasizes the crucial importance of law enforcement in strategic sectors such as renewable energy and mining. Purpose: This research aimed to analyze the regulation and implementation of law on corruption in Indonesia geothermal mining sector, with a focus on Decision Number 60/Pid.Sus-TPK/2023/PN.Jkt.Pst. Methods: A normative juridical method was used through a case and statutory approach. Results: The results showed that the Panel of Judges in the case issued a decision different from applicable legal provisions. This indicates that normatively, geothermal mining governance is regulated by Law Number 21 of 2014, while the criminal offense is subject to Law Number 20 of 2001 in conjunction with Law Number 31 of 1999 on the Eradication of Corruption. Conclusion: However, the legal implementation of this decision has been proven to ignore existing regulations and Law enforcement of corruption in the renewable energy sector must prioritize the value of justice in order to protect the community's rights to utilize natural resources. Suggestion: This research suggests strengthening the Judicial Commission oversight and increasing judges capacity to regulate technical matters in the mining sector. Contribution: The results contribute to a jurisprudence-based critical analysis of corruption law enforcement patterns in the green energy sector, while also providing a literature reference for policymakers to minimize legal loopholes in integrating criminal and mining administrative law.
Penegakan Hukum Tindak Pidana Kehutanan Berdasarkan Undang-Undang Pencegahan dan Pemberantasan Perusakan Hutan Putri Regina Fadillah Natasya; Suwari Akhmaddhian
Uniku Law Review Vol. 3 No. 1 (2025): UNIKU LAW REVIEW
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/ulr.v3i1.472

Abstract

This article discusses forestry crimes, specifically the prevention and eradication of forest destruction, with a focus on Decision Letter Number 454/Pid.B/LH/2023/PN Spt. The purpose of this paper is to identify the types of forestry crimes and analyze dispute resolution mechanisms based on these cases. The method used is normative legal research, involving the review and analysis of applicable laws and regulations and legal practices. The results show that forestry crimes, such as illegal logging and document falsification, are regulated by Law Number 18 of 2013. The case analyzed illustrates how invalid forest product certificates can result in strict criminal sanctions. The High Court upheld the previous decision, demonstrating that the legal system functions to uphold justice. In conclusion, preventing forestry crimes requires a holistic approach involving strict law enforcement, community empowerment, and inter-agency collaboration. Success in eradicating forest destruction will depend on public legal awareness and firm enforcement.
Pengelolaan Limbah Bahan Berbahaya dan Beracun (B3) dalam Kerangka Kepastian Hukum Berdasarkan Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup Didin Maulidina; Suwari Akhmaddhian
Uniku Law Review Vol. 3 No. 1 (2025): UNIKU LAW REVIEW
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/ulr.v3i1.1155

Abstract

The management of Hazardous and Toxic Materials (B3) waste is highly urgent in maintaining environmental sustainability and public health, and is part of the constitutional rights of Indonesian citizens. This study aims to analyze the implementation of the principle of legal certainty in B3 waste management, with a case study of the agreement between PT Honda Precision Parts Manufacturing and PT Cipta Jaya Hakiki. The method used is a juridical-normative method with a literature study approach to relevant laws and regulations. The results of the study indicate that B3 waste management in Indonesia has been regulated through Law No. 32 of 2009 and Government Regulation No. 22 of 2021, which require official permits for every business entity involved. However, in practice, legal violations were found because PT Cipta Jaya Hakiki did not have an official permit but continued to carry out B3 waste management activities based on a power of attorney from PT Lut Putra Solder. This creates a legal flaw in the agreement involving elements of naturalia and accidentalia, and violates the principles of legality and legal certainty. This study recommends that the government strengthen supervision, enforce legal sanctions strictly, and provide education and verification to business actors to ensure compliance with regulations. Thus, hazardous waste management can be carried out legally, responsibly, and sustainably.
Co-Authors Abi Wisnu Rahmatullah Ade Ramli Ade Santi Belianti Adzkari, Feby Agus Susanto Agus Yadi Ismail 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 Azzahra Yasmina Lisanti 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 Didin Maulidina Diding Rahmat Dikha Anugrah 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 Haris Budiman Harjadi, Dikdik Hendriawan, Andri Heri Ramdani Hermansyah, Dadan Hidayat, Sarip Holillah Romdhona Idit Vikriandi Ikbal Maolana Iman Jalaludin Rifa'i Iman Jalaludin Rifai Iman Jalaludin Rifai Iman Jalaludin Rifa’i 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 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 Maman Nurohman 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 Pahri Ginanjar Pani Maulana Peny Hanipah Pina Pina Pipin Apriani Putri Regina Fadillah Natasya 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 Sindi Susanti 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 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