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Application Of The Principles Of Insurance Law In Fire Insurance Agreements On Credit Guarantees Attached Object Security Rights Rois Harliyanto; Jawade Hafidz
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5034

Abstract

The purpose of this study were 1) to know application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights, 2) To know the weaknesses in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights.Approximation methodused is a normative juridical research that refers to the theories, doctrines, norms, principles, rules relating to matters pertaining to insurance law. The nature of this research was analytic descriptive depict or describe the facts with the implementation of analytical and systematic.Based on this study concluded that 1) Application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights are concerned principle consensual taken from one of the terms of agreement, namely the agreement of both parties. People can not be forced to give agreement. Agreed given by force is a contradiction interminis. Coercion indicates the absence of agreement that may be performed by other parties. The deal gives the option to the parties, to agree or disagree bound by a treaty with legal consequences. 2) A weakness in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object encumbrance is Risk Coverage and Exclusions goods insured.Keywords: Principles of Law; Insurance, Agreements; Fire; Collateral Loans; Mortgage.
Juridical Analysis Of Criminal Law Enforcement In The Crime Of Organ Trafficking Ichsanul Basyir; Obbi Robiansyah; Wildan Mahmudi; Agus Dimyati; Rois Harliyanto
Journal Of Social Science (JoSS) Vol 3 No 10 (2024): JOSS: Jurnal Of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i10.374

Abstract

This study aims to analyze criminal law enforcement related to organ trafficking cases. This research includes examining the conformity between existing legal regulations and practices in the field, identifying obstacles in law enforcement, and evaluating the effectiveness of measures that have been taken to deal with organ trafficking. The research method used is empirical. The results show that the main obstacles in handling this case include recovery and rehabilitation services for victims from health and social aspects that are appropriate to the needs of victims. This research concludes that legal regulations related to Organ Trafficking Crime are still incomplete. In addition, handling victims is not only the responsibility of the Police but also the Government and community institutions. It is suggested that the prevention and handling of Organ Trafficking should be optimized and integrated through synergistic cooperation between the community, Government, and community institutions in combating this crime.
Village Government Policy Model to Reduce Stunting Rates Harmono, Harmono; Harliyanto, Rois; Anggraini Daulay, Annisa; Justitia, Triana; Karina, Siska; Ika Putri, Dessy; Fasya Khoirunissa, Alisha; Dawam Mubarok, Uba
Jurnal Legisci Vol 2 No 3 (2024): Vol 2 No 3 December 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i3.566

Abstract

St stunting is a serious challenge to health development in Indonesia, especially in rural areas. This study uses an empirical juridical approach, which is a legal research method that connects written regulations with reality in the field through qualitative descriptive analysis, to analyze village government policies in reducing stunting rates in Astanalanggar Village and Tegalgubug Village, Cirebon Regency. With the aim of identifying challenges in its implementation, assessing the effectiveness of existing policies, and providing recommendations based on the needs of rural communities, research data was obtained through interviews and direct observation. The results of the study show that despite national and regional regulations such as Presidential Regulation Number 72 of 2021 and Cirebon Regent Regulation Number 25 of 2023, there are no special policies at the village level that regulate stunting control. Intervention programs implemented, such as supplemental nutrition, blood-boosting tablets, and nutrition education, face obstacles, including low public awareness, limited access to health facilities, and cultural barriers. Tegalgubug Village has succeeded in reducing stunting rates through collaborative approaches and innovative programs such as "BESTI ONCE," while Astanalanggar Village still faces various challenges in program implementation. This study recommends strengthening cross-sector coordination, increasing public education, and optimizing local resources to improve policy effectiveness. A data-based approach by paying attention to the local conditions of each village is the key to reducing stunting rates in a sustainable manner.
Law Enforcement of Symbolic Violence against Women in the Context of the Domestic Violence Eradication Law Maulida, Irma; Faturachman, Dadan Taufik; Noupel, Muhamad; Harliyanto, Rois; Sutrisno, Anom; Ika Putri, Dessy; Azizah, Nur Alma
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.651

Abstract

Background, The notion of domestic violence, frequently rationalized by the general populace, predominantly manifests as physical aggression. However, the inclination to prioritize physical and interpersonal dimensions of violence obscures the recognition of non-physical forms, leading to the conclusion that violence is inherently subjective. Several cases of symbolic violence often appear in society, one of which is about expressing a wife's feelings of sadness and disappointment for accepting her husband's betrayal in a marriage relationship that has been lived for years even though it does not physically hurt, but this violence can occur because of masculine dominance. This dominant position of men contributes to symbolic violence as a result of patriarchal culture. Aim, This research aims to identify the factors contributing to symbolic violence against women within households that persist in a patriarchal culture and to examine law enforcement related to symbolic violence against women in the context of the Law on the Elimination of Domestic Violence. Methods, This research employs a normative juridical approach, focusing on the implementation of laws against symbolic violence towards women as examined through the Law on the Elimination of Domestic Violence. Data gathering methods included in this study include literature analysis, interviews, and observations. Results, Numerous victims of domestic violence remain hesitant or afraid to report the abuse they have endured. This is affected by multiple factors, including the stigma associated with domestic violence, economic reliance on the abuser, and the inadequate response of law enforcement officials. Conclusions, By combining effective prevention and intervention approaches, this effort is believed to not only reduce cases of symbolic violence but also improve family relationships, create a more harmonious society, and support the comprehensive elimination of domestic violence. Implication, The findings of this study indicate that law enforcement on the Law on the Elimination of Domestic Violence in Cirebon necessitates more enhancement and oversight, particularly with symbolic violence against women inside the domestic context.
Juridical Study for the Management of the Conservation Area of Mount Ciremai National Park (Juridical Study in the Context of Water Resources Conservation) Parihah, Vera Siti; Nurhalizah , Maulidah; Erika , Eryu; Sutrisno , Endang; Harliyanto , Rois
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14404

Abstract

The management policy of the conservation area of Gunung Ciremai National Park (TNGC) is based on a balance between ecosystem conservation and sustainable use of water resources. Method, The prescriptive legal study uses normative and empirical legal research methods, analytical descriptive specifications, and qualitative approaches. TNGC has a strategic role as a water resource provider for the region through regional regulations regulating water resources conservation in the Kuningan Regency Regional Regulation Number 13 of 2007. Still, this area faces ecological pressure due to forest encroachment, land conversion, and uncontrolled water exploitation. Implementing regulations governing the conservation and management of the area still faces obstacles, such as weak law enforcement, overlapping authority, and a lack of community participation. Conservation efforts are needed to strengthen multi-stakeholder collaborative legal instruments and participatory approaches involving local communities. This study emphasizes the importance of synchronizing national and regional regulations and ecosystem-based management to ensure water resources' sustainability for the community's welfare and the environmental sustainability of TNGC.
The Implementation of Restorative Justice in Overcoming Prison Overcapacity is Reviewed from the Criminal Procedure Law (Cirebon Class I Prison Study) Aldi, Ahmad; Herdyanto , Jovano Kevin; Purwanto , Ilham; Harmono , Harmono; Harliyanto , Rois
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14559

Abstract

The high rate of overcapacity in correctional institutions in Indonesia is a structural problem that has multidimensional impacts, ranging from a decline in the quality of inmate coaching to human rights violations. One of the main reasons is the still-dominant imprisonment-based criminal paradigm, including for minor crimes. To find a more humane and efficient solution. The restorative justice approach, as regulated in the National Police Regulation of the Republic of Indonesia Number 8 of 2021, has begun to be implemented in the criminal justice system. This study aims to analyze the normative conformity between the Perpol and the Criminal Procedure Code (KUHAP) and evaluate the effectiveness of restorative justice in reducing the burden on prison inmates, especially in Cirebon Class I Prison. This study employs a mixed-method approach, combining normative juridical and empirical juridical methods. The study results show that although there is a potential disharmony between Perpol and the Criminal Procedure Code, applying restorative justice has provided room for resolving cases more adaptive to restorative justice, especially in minor cases. A study at the Cirebon Police shows that the settlement of five cases through restorative justice in 2025 directly contributes to the prevention of imprisonment and reduces the potential for overcapacity. In Cirebon Class I Prison, an overcapacity of 82.88% was recorded, with most inmates coming from general crimes that have the potential to be resolved through non-litigation mechanisms. Restorative justice is an essential instrument in reforming the penal system, which not only restores social relations but also enhances the efficiency of law enforcement. To achieve long-term effectiveness, it is essential to strengthen legislative regulations and promote synergy among law enforcement institutions.
Law Enforcement Against Illegal Parking Attendants Reviewed From Cirebon City Regulation No.11 Of 2019 Concerning the Implementation of Parking Farikah, Mia; Mubarok , Alfin; Ardiyansyah , Salwa; Rahman , Alip; Harliyanto , Rois
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14560

Abstract

In the modern era, the ownership of private vehicles is increasing because of their convenience and practicality. Therefore, parking lots are needed. The problem of illegal parking often occurs in small and large cities, including Cirebon City. This journal intends to analyze the effectiveness of law enforcement against illegal parking attendants, as reviewed from Regional Regulation No. 11 of 2019 concerning the Implementation of Parking. This writing's research method is empirical juridical. It examines the applicable regulations and collects data through observation and interviews to analyze the law's implementation in the field. The study results show that Regional Regulation No. 11 of 2019 concerning Parking has not run effectively, which is caused by several obstacles such as limited personnel, lack of infrastructure, and fewer firm witnesses, so that illegal parking attendants do not feel the deterrent effect. even though the Transportation Department has provided regular guidance and socialization to the parking attendants and the community. Crackdowns against illegal parking perpetrators are minimal and tend to be constructive rather than heavily sanctioned. As a result, illegal parking still occurs in many places in Cirebon City, causing traffic congestion and irregularities. To ensure effective regulation implementation, the government's future efforts need to be focused on the capacity of its personnel, stricter sanctions enforcement, and increasing legal awareness of the public and parking attendants.
Implementation of Government Regulation No. 28 of 2024 on Legal Abortion to Ensure Legal Certainty Setiawati, Faika Pra; Juliana, Nur Lita; Siroj, Mohamad; Nurhaqi, Ari; Harliyanto, Rois
Indonesian Journal of Advanced Research Vol. 4 No. 6 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i6.14719

Abstract

Abortion is a complex and sensitive issue that involves legal, moral, social and religious aspects. In Indonesia, abortion is generally criminalized, except under certain conditions under Government Health Law No. 17 of 2023 and Government Regulation No. 28 of 2024. These regulations allow for legal abortion in cases of medical emergency or as a result of sexual violence. This study analyzes the implementation of these Government Regulations in hospitals and the response of medical personnel to them. Using normative and empirical juridical qualitative methods, data was obtained through literature study and interviews with gynecologists in Cirebon. The results show that there are still many obstacles, such as limited facilities, complicated procedures, and lack of an integrated system. Socialization, training, and clear Standard Operating Procedures (SOPs) are needed for the protection of women.
JURIDICAL ANALYSIS OF REGULATION NO. 15 OF 2020 CONCERNING THE TERMINATION OF PROSECUTION IN CRIMINAL OFFENSES IN THE PERSPECTIVE OF THE CRIMINAL JUSTICE SYSTEM IN INDONESIA Aziz, Sultan Abdul; Sugilang, Sugilang; Prasetyo, Wahyu Wibowo; Asmara, Teddy; Harliyanto, Rois
Journal Of Social Science (JoSS) Vol 3 No 8 (2024): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i8.343

Abstract

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something.
The IMPLEMENTATION OF HALAL PRODUCT GUARANTEE POLICY IN INDONESIA Dwijaya, Ananda Gymnastiar; Harmono, Harmono; Harliyanto, Rois
Journal Socio Humanities Review Vol 4 No 2 (2024): SEPTEMBER
Publisher : Lembaga Penelitian Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/jshr.v4i2.9015

Abstract

The implementation of Halal Product Guarantee in Indonesia has been in effect since the new order period and currently the regulation of halal certification is regulated in Law Number 33 of 2014 concerning Halal Product Guarantee. This study aims to determine the legal aspects of community compliance with mandatory halal and to find out what are the challenges and obstacles in the implementation of halal product guarantees. The method used in this research is descriptive qualitative method (Normative Empirical). The results of this study indicate that the public has begun to be aware of the mandatory halal policy, but there are still several obstacles such as the lack of socialization related to understanding the mandatory halal itself, miscommunication between parties, obstacles to certification of slaughter animal products, therefore stakeholders (Government and related institutions) must be more vigorous in educating the public about the importance of halal certification, because indeed this halal certification aims to protect the public (consumers) from products that are not halal.