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Using Mediation Method in Customary Justice of Aceh-Indonesia MH, Nurdin; Dahlan, Dahlan; Suhaimi, Suhaimi; Mustakim, Mustakim
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.96

Abstract

Mediation is an Alternative Dispute Resolution regulated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Mediation is divided into two types: mediation in and outside court. Private mediators, both individuals and institutions, handle out-of-court mediation. Meanwhile, mediation in court is regulated by Supreme Court Regulation No. 1 of 2016, which requires mediation before examining the main case, which is handled by judges or non-judge mediators recognized by the state. In Aceh Province, kampong (village) or mukim (collection of several villages) institutions carry out out-of-court mediation through a forum called the Aceh Customary Court. The Acehnese Customary Court has been around for hundreds of years. It continues to exist because it can administer justice cheaply and quickly, with simple procedures, easily accessible resolution forums (customary justice forums) found in the village itself, and able to realize a sense of justice that has been abolished in culture. The local community's law (legal culture) refers to the legal norms that live in society (living law). The Village Head acts as a mediator to encourage the parties to reach a mutual agreement that is a win-win solution to their situation. The legal basis for administering the Acehnese Customary Court is regulated in Aceh Qanun No. 9 of 2008 concerning the Development of Customs and Customs, Aceh Qanun No. 10 of 2008 concerning Traditional Institutions, and Aceh Qanun No. 8 of 2019 Council on Acehnese Customs. The research results show that implementing Acehnese customary justice uses a mediation method, where the peace agreement is made by the parties themselves, facilitated by mediators, in this case, traditional leaders (customary justice providers).
Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh Suhaimi, Suhaimi; MH, Nurdin; Tinianus, Enzus
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8096

Abstract

Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively.
The Legal Relationship Between Holding Company and Subsidiary Company in Foreign Direct Investment in Aceh Upstream Oil and Gas Sector Pramana, Andika Reza; MH, Nurdin
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.v4i1.31398

Abstract

During 1970-1990, Indonesia emerged as one of the world's largest producers of oil and natural gas. Its management required direct foreign investment due to the need for capital, technology, and skilled human resources. Foreign direct investment activities in Indonesia typically involved the establishment of subsidiaries by foreign and Indonesian companies, necessitating legal regulation governing the relationship between subsidiaries and their holding companies. This study aims to analyze the legal correlation between subsidiaries and holding companies in foreign direct investment, the authority and intervention of holding companies in subsidiaries, and the barriers faced by foreign investment in the upstream oil and gas sector in Aceh. Normative juridical analysis was employed throughout the study period, involving analysis of various books, journals, research papers, and relevant legislative regulations. Consistent with the findings, the legal relationship between subsidiaries and holding companies in direct foreign investment in the upstream oil and gas sector in Aceh is not extensively detailed in Law Number 40 of 2007 concerning Limited Liability Companies. Instead, it is determined by the articles of association and cooperation contracts. As majority shareholders, holding companies have the ability to influence decisions concerning the financial, strategic, business, and operational aspects of subsidiaries. However, foreign investments in this sector encounter challenges related to environmental concerns and the complexity of regulations and administration.
Achieving Net Zero Emissions Target: Development of Carbon Dioxide Handling Technologies, Its Challenges and Barriers Mahidin; Maulana, Farid; Mukramah; Adisalamun; Hisbullah; Hadi, Abdul; MH, Nurdin; Abnisa, Faisal
Eksergi Vol 22 No 2 (2025)
Publisher : Prodi Teknik Kimia, Fakultas Teknik Industri, UPN "Veteran" Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31315/eksergi.v22i2.14655

Abstract

Abatement of carbon emission to net zero level in 2050 is a serious work for Indonesia in all sectors. In this article, review on the current status of CC technologies was conducted including commercial scale and R&D works. The technologies performance was also inserted in order to provide the information that valuable and useful in technological selection. However, the challenges and barriers for Indonesia in their efforts to reduce carbon emissions are not only about technological aspects; the issues of policy, socio culture, law and human resources also play an important role. In order to ensure the project going well, regulations and policies are needed both at the national and provincial levels, besides the massive socialization efforts from various stakeholders.