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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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Tourism Law Enforcement in Regional Spatial Planning and Licensing Perspectives Budiman, Haris; Akhmaddhian, Suwari; Agustin, Dela; Bhandari, Rahul
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.740

Abstract

The development of tourism sector in Kuningan Regency is a reflection of the area's progress and development. Considering licensing and spatial planning perspectives, there was a need to investigate the development of tourism sector in Kuningan Regency. Therefore, this study aimed to analyze tourism licensing mechanisms and tourism law enforcement concerning spatial planning and licensing in Kuningan Regency. A socio-legal method was adopted based on studies of various disciplines, such as tourism, economics, and law. The primary and secondary data used were collected through interviews, observation, and literature study. The result showed that licensing mechanism for tourism development in Kuningan Regency was divided into two categories, namely licensing carried out at the Investment Agency and the One-Stop Integrated Service and the Gunung Ciremai National Park Office. This was because Kuningan Regency had an area included in the National Park zone, directly giving licensing process to the Ministry of Environment and Forestry. Preventive law enforcement efforts were carried out by law enforcement officers, including drafting legal opinions, holding meetings, and avoiding violations during licensing process. In conclusion, the policy and the implementation of law enforcement in licensing and spatial planning for tourism development in Kuningan Regency were carried out well by the regional government and law enforcement officers. However, a renewal of the Kuningan Regency Regional Regulation on a Detailed Spatial Planning as a basis for determining licenses was needed.
Regulation of Physical Data on Land Destroyed by Natural Disasters Anugrah, Dikha; Dialog, Bias Lintang; Akhmaddhian, Suwari; Gustianitami, Azmy Sabila
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.753

Abstract

Natural disaster has a multifaceted impact on the environment, the land, for instance. The demolition of land boundaries and the loss of legal footing ownership are intricate problems surrounding reconstruction. Not to mention the massive losses suffered by citizens as a result of natural disasters that exacerbate the situation. The study employed a socio-legal method, referring to library sources such as books, journals, statutory regulations, and literature reviews. According to the findings, tangible data on destroyed land caused by natural disaster is fairly organised. Furthermore, the legal position of land rights affected by an earthquake is not removed; nonetheless, the abrasion-caused is discarded. Accordingly, the government, notably the National Land Agency, should create regulations that control and streamline the procedure for victims who have lost their civil rights, land boundaries, or disasters that have been lost or cannot be recognised.
The Regulation of Legal Responsibility: Illegal Logging Perpetrators in Indonesia and Nigeria Akhmaddhian, Suwari; Okolie, Ugo Chuks; Hidayat, Sarip; Andriyani, Yani; Tiaranita, Intan
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.755

Abstract

The study aims to analyze the offenders of illegal logging in Indonesia and Nigeria from their legal liability regulations. The study employed a socio-legal approach involving literary analyses of legal materials used—the statutory regulations, scientific journals, and other pertinent documents. The results show that legal responsibility for illegal logging perpetrators in Indonesia is under the Law on Forestry, the Law on Prevention and Eradication of Forest Destruction, and the Law on Job Creation. In Nigeria, it is governed by several states, such as the Edo State Forestry (Amendment) Law 2002, the Cross River State Forestry Commission Law 2010, and the Taraba State Forestry Law 2010. Finally, the legal responsibility for illegal logging has been established in both countries. Accordingly, the Indonesian government is suggested to disseminate the latest laws and regulations so that the public and corporations are aware of them. Meanwhile, the Nigerian government is expected to immediately issue nationwide legislation on illegal logging so that law enforcement is not relied solely on the requirements of each state.
Import Ban Efficacy on Second-Hand Clothing in the Perspective of Regulatory and Sustainable Development Goals Amrullah, Dzikri Anik; Akhmaddhian, Suwari; Yuhandra, Erga
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.766

Abstract

The study aims to analyze the ban's effectiveness on secondhand clothing imports in Kuningan Regency. The study utilized research specifications, an empirical legal approach. The findings revealed that Article 47, paragraph (1), of the Trade Law and Regulation of the Minister of Trade Number 40 of 2022; Amendments to Regulation of the Minister of Trade Number 18 of 2021 ban the importing of used apparel. In addition, the regulation is outlined in Article 69 of law number 32 of 2009; environmental protection and waste management, in fact, are not implemented effectively in Kuningan Regency, and second-hand clothing is related to sustainable development goals number 12, namely ensuring sustainable consumption and production patterns. There are seven thrift shops in the vicinity, but they are disregarded by law enforcement, with no supervision at all. To summarize, Kuningan Regency's local administration lacks a stronger legislative framework for law enforcement. As a result, it is critical to create a regional regulation governing imported used garments, as well as to socialize with business actors and the community.
The Legal Hurdles in Executing Land Dispute Cases in Court Hatta, Muhammad; Anditya, Ariesta Wibisono; Rayhan, Ahmad; Akhmaddhian, Suwari; Anugrah, Dikha
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.771

Abstract

The study aims to critically analyse the regulatory framework governing the execution of civil dispute cases in Indonesia and to evaluate the practical implementation of such executions within the jurisdiction of the Kuningan District Court. The study encompasses an empirical juridical method involving fieldwork that was conducted at the Kuningan District Court. The finding shows the execution of court decisions is governed by various legal provisions, such as Article 27(1) and Article 28D(1) of the 1945 Constitution of the Republic of Indonesia, Article 1365 of the Indonesian Civil Code, Article 196 of the Herzien Inlandsch Reglement (HIR) or Article 207 of the Rechtreglement voor de Buitengewesten (RBg), Article 66(2) of Law No. 3 of 2009 concerning the Second Amendment to Law No. 14 of 1985 on the Supreme Court, Articles 54(2), 54(3), and 55(1) of Law No. 48 of 2009 on Judicial Power, and Supreme Court Circular No. 1 of 2010 regarding Requests for Execution Assistance. Even though its execution process has some issues, the study finalises that the resolution of cases and the enforcement of court decisions are governed by relevant legal regulations. As the legal structures, legal substance, and legal culture put a heavy weight on it, the execution process of land dispute cases at the Kuningan District Court has not yet been optimally implemented. Accordingly, to prevent prolonged execution processes that could drain time, energy, and financial resources, the court is encouraged to adhere to the principle of legal certainty that has legal finality.
Regulation of Forest Police’ Authorities in Enforcing Illegal Logging Law in Mount Ciremai National Park Yudhistira, Donny; Ramadhan, Mahendra Utama Cahya; Furqon, Eki; Akhmaddhian, Suwari; Hidayat, Sarip
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.772

Abstract

This study aims to understand the regulation of illegal logging in Indonesia as well as to analyse the implementation of forest police authorities in combating illegal logging in Mount Ciremai National Park. This study applied a juridical-empirical approach that involves literature study and field research in which the primary, secondary, and tertiary data were collected through observation and interviews. The results indicated that illegal logging is governed in Articles 12, 19, 82, 83, and 87 of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, and the forest police authorities are regulated in Article 51 paragraph (2) of Law No. 41 of 1999 on Forestry and Article 4 paragraph (2) of the Regulation of the Minister of Forestry of the Republic of Indonesia No. P.75/Menhut-II/2014 on Forest Police, which serve as the regulatory framework for forest police in addressing illegal logging in Mount Ciremai National Park. In carrying out his/her authorities, the forest police apply 3 (three) approaches, namely preemptive, preventive, and repressive. Hence, it can be concluded that illegal logging is governed by Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, and the implementation of forest police authorities in combating illegal logging is carried out through a preemptive, preventive, and repressive approach. Finally, it is suggested that law enforcement officials must be consistent and firm in taking action against illegal logging to create a deterrent effect, and the improvement of facilities and infrastructure is urgently needed.
Enforcing the Law Against Animal Cruelty Perpetrators: The Animal Husbandry and Veterinary Health Act Setiawati, Dewi; Hidayat, Sarip; Akhmaddhian, Suwari; Budiman, Haris
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.774

Abstract

Violence extends beyond humans, with a troubling increase in cases of animal cruelty. The study aims to critically assess and analyse the enforcement of legal measures against animal cruelty perpetrators in accordance with Law No. 41 of 2014 on Animal Husbandry and Veterinary Health. The study employs a juridical-empirical approach, utilising a descriptive-analytical research design. The research reveals that individuals responsible for animal cruelty can be held accountable under Article 302 of the Indonesian Penal Code, Article 66A of Law No. 41 of 2014 on Animal Husbandry and Veterinary Health, and Government Regulation No. 95 of 2012 on Veterinary Health and Animal Welfare. However, the enforcement of these legal provisions remains suboptimal. It is primarily due to insufficient public awareness of animal welfare, resulting in underreporting of abuse cases, which in turn impedes the effectiveness of law enforcement agencies in addressing the issue. The conclusion reveals that the insufficient public awareness and legal consciousness regarding Law No. 41 of 2014 on Animal Husbandry and Veterinary Health, alongside the prohibition of animal cruelty, has allowed instances of abuse to occur without being reported or addressed, thereby exposing the inadequacy of current law enforcement. It is imperative to reconsider and strengthen the legal framework by imposing more severe criminal penalties on animal cruelty offenders. Moreover, establishing a specialised task force for animal welfare could provide a strategic breakthrough in combating these violations effectively.
Formulasi Kebijakan Penataan Ruang Berbasis Konservasi untuk Penguatan Kabupaten Pariwisata Budiman, Haris; Akhmaddhian, Suwari; Yuhandra, Erga
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 17, No 2 (2023): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v17i2.25161

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. According to this article, a team or working group should be established with the express responsibility of creating, overseeing, and assessing a conservation and tourism-based spatial planning policy. Furthermore, depending on regional features, this paper proposes the creation of regional spatial planning policies by combining regional RTRW and RDTR laws into a unified policy package.
Law Enforcement Factors in Waste Management to Achieve Environmental Sustainability and Community Welfare Akhmaddhian, Suwari; Virigianti, Ria; Yuhandra, Erga
Susbtantive Justice International Journal of Law Vol 4 No 1 (2021): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v4i1.109

Abstract

Environmental issues are interesting subjects that are related to the earth’s sustainability. While Garbage is basically an obstacle, it also has the potential to prevent environmental damage and increase the community's economy if it is well managed. This research aims to analyze local government policies in waste management based on the value of ecological justice to achieve natural preservation. The research method used is qualitative with primary data from interviews and observations supported by laws and regulations related to waste management. The research was conducted in Kuningan Regency and Ciamis Regency. The results showed that the Ciamis local government policy in waste management was equipped with local regulations, government officials, infrastructure, community participation, and program innovation, namely waste sorting, waste bank, maggot, and garbage alms. The conclusion is that local government policies, especially in Kuningan, still need improvement related to optimizing the role of the local government in institutional and funding of waste management and increasing public education regarding waste management. Good waste management can create environmental sustainability and community welfare.
Formulasi Kebijakan Penataan Ruang Berbasis Konservasi untuk Penguatan Kabupaten Pariwisata Budiman, Haris; Akhmaddhian, Suwari; Yuhandra, Erga
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 17 No. 2 (2023): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v17i2.25161

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. According to this article, a team or working group should be established with the express responsibility of creating, overseeing, and assessing a conservation and tourism-based spatial planning policy. Furthermore, depending on regional features, this paper proposes the creation of regional spatial planning policies by combining regional RTRW and RDTR laws into a unified policy package.
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