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All Journal Jurnal Jendela Hukum Supremasi Hukum Jurnal Ilmiah Wahana Pendidikan Journal of Progressive Law and Legal Studies Pancasila International Journal of Applied Social Science
Abshoril Fithry
Dosen Fakultas Hukum Universitas Wiraraja
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Jendela Hukum

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PERTANGGUNGJAWABAN PELAKU USAHA ATAS KERUGIAN WISATAWAN MENURUT UNDANG-UNDANG NOMOR 10 TAHUN 2009 TENTANG KEPARIWISATAAN Ababil, Maulana Rouf; Sugiarti, Yayuk; Fithry, Abshoril
Jurnal Jendela Hukum Vol 10 No 2 (2023): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v10i2.2982

Abstract

According to the Law of the Republic of Indonesia Number 10 of 2009 concerning tourism, it is stated that tourism is a variety of tourist activities and is supported by various facilities and services provided by the community, businessmen, government and local governments. The formulation of the problem of this thesis is how is the form of legal protection for tourists and how is the form of responsibility of tourism business actors towards tourists. The purpose of writing this thesis is to find out and get a solution from the formulation of the problem. The research method in writing this thesis is normative by using a statutory approach with several sources of primary and secondary legal materials, as well as tracing legal materials through legislation and other literature. In the context of legal protection for tourists, what needs to be protected is the rights of tourists. Every tourist has the right to comfort, safety and to get fair treatment and the best possible service from the country where the person concerned visits the tourist spot. Countries where tourists visit must provide security and safety for tourists based on existing laws and regulations. Law Number 10 of 2009 concerning Tourism already regulates the rights and obligations of tourists and tourism entrepreneurs. Article 20 regulates the rights of tourists, including: accurate information about tourist attractions, tourism services in accordance with standards, legal protection and security, health services, protection of personal rights, and insurance protection for high-risk tourism activities.
PENGENDALIAN PENCEMARAN AIR UNTUK KESEHATAN LINGKUNGAN YANG LEBIH BAIK DI KABUPATEN SUMENEP Drajat, M. Raofikin; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3052

Abstract

The progress in the industrial sector has the potential to produce waste that can pollute and damage the environment. Wastewater is a major problem because it can have a negative impact on the environment and public health. Water pollution occurs because business owners does not manage wastewater at Wastewater Treatment Plant (IPAL). This research aims to analyze the implementation of water pollution control policy especially that caused by the shrimp pond industry in Sumenep Regency and solving the problems. This research is a normative juridical research, legal science approach and primary data as the main data is obtained from various legal materials related to research supported also by secondary and tertiary data as additional data. The results showed that the implementation of Sumenep Regency Regent Regulation No. 1 of 2016 concerning Water Quality Management and Water Pollution Control has not been implemented properly. It is necessary to create policies to control industrial wastewater pollution by the preparation of Regional Regulations, which contain criminal and/or administrative sanctions, and also contain the obligation for every shrimp pond owner must be equipped with IPAL so it’s more effective to protecting the environment and disciplining the society.
PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN FISIK YANG DILAKUKAN SECARA BERSAMA-BERSAMA MELALUI ASAS KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DI TINGKAT KEPOLISIAN RESORT SUMENEP Amir, Tolak; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3499

Abstract

Restorative Justice is a mechanism for resolving criminal acts by involving perpetrators, victims, families and other related parties. Procedures for resolving criminal acts through the principles of restorative justice at the police level are contained in Police Regulation (Perpol) no 8 of 2021 which has provided qualifications for several requirements and procedures for handling criminal acts based on restorative justice consisting of general and specific requirements with several more detailed requirements consisting of material and formal requirements. In the context of resolving the criminal act of beatings at the Sumenep resort police, where the beating was carried out by a suspected 6 (six) people against the victim Sukki, a resident of Lapa Laok Village, Pasongsongan District, Sumenep Regency, it was deemed formally and materially flawed because the crime of beating up accompanied by kidnapping of the victim This is quite a serious action because it really threatens the victim's life, therefore, the Sumenep Resort Police should continue the case of the criminal act of beating. This research method uses normative research. This writing explains that the formal and material requirements regulated in Article 5 in conjunction with Article 6 of Police Regulation No. 8 of 2021 experience legal ambiguity because minimum standards are not explicitly regulated regarding criminal threats and fines so that the case can be or not to be resolved through the principles of restorative justice and there is disharmony with Article 5 of Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice which explicitly emphasizes criminal acts that carry a penalty of no more than 5 (five) years and the loss suffered by the victim is no more from Rp. 2,500,000.00 (two million five hundred thousand rupiah). Then the case can be set aside or closed by law.
STATUS NAFKAH BAGI PASANGAN CHILDFREE BERDASARKAN KONSEP TAMKIN DALAM KOMPILASI HUKUM ISLAM Hajar, Ahmad; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4194

Abstract

The development of the feminist movement in Indonesia has been quite rapid. One e of the issues brought up by the feminist movement is childfree, namely the voluntary choice not to have children. Regardless of the various motives, this view is very contrary to the condition of social society in Indonesia, where the majority adhere to the Islamic religion, especially if this choice is brought into the realm of marriage. In the Compilation of Islamic Law, one of the mandatory conditions for alimony is tamkin, namely the wife's complete surrender of herself to her husband. Based on these rules, the husband is not obliged to provide alimony to his wife if the wife does not surrender herself completely to her husband. The aim of this research is to explain the alimony status of couples who choose not to have children based on the concept of tamkin in the Compilation of Islamic law. This research uses a normative method with a conceptual and statutory approach. The results obtained are that the alimony status for wives who choose childfree can fall if this choice comes unilaterally from the wife without the husband's approval because there is no perfect tamkin from the wife. If the choice of childfree comes from the husband's side or is agreed upon by the husband and wife, the wife still has the right to alimony.
ANOMALI PENGATURAN DIMENSI KENDARAAN BERMOTOR Ibadhillah, Dwi; Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4218

Abstract

Norm Conflict is a situation where a norm has been made but contradicts or is not in accordance with other legal norms. In the legal system, norm conflict is a situation where in one regulatory object there are two conflicting norms so that against the regulatory object, only one of the norms can be applied with the consequence that the other norm must be ruled out. The purpose of this research is to clearly know the legal consequences of the anomaly in the regulation of the dimensions of motorized vehicles and to clearly know the resolution of the anomaly in the regulation of the dimensions of motorized vehicles. The type of research used in this research is normative juridical research. As for the results of this study, anomalies in the regulation of the dimensions of motorized the provision of administrative sanctions and criminal sanctions, and the settlement of anomalies in the dimensions of motorized vehicles can be resolved using 3 principles, namely: The principle of lex superior derogat legi inferiori, the principle of lex posterior derogat legi priori, and the principle of lex specialis derogat legi generali, Of the three principles mentioned above, the most suitable for the problem is to solve it with the principle of lex superior derogate lex inferior because this principle means that higher rules override lower rules and are the authority of the Supreme Court.
PENGANGKUTAN BBM BERSUBSIDI DITINJAU DARI UNDANGAN UNDANGAN REPUBLIK INDONESIA NOMOR 22 TAHUN 2001 TENTANG MIGAS Erfandi, Erfandi; Fithry, Abshoril; Rusfandi, Rusfandi

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4662

Abstract

Transportation of subsidized fuel oil (BBM) is a crucial element in the distribution of national energy that aims to provide affordable energy for the community. However, the Law of the Republic of Indonesia No. 22 of 2001 concerning Oil and Gas (Uu Migas) only regulates the transportation of fuel from upstream to downstream through the pipeline, without including the distribution of the Public Fuel Filling Station (SPBU) to small businesses and end consumers. The vacancy of this norm raises a vulnerable legal gap of being misused, inhibiting the achievement of subsidized fuel distribution that is on target. This study aims to examine the legal regulation of subsidized fuel transportation from gas stations to final consumers according to the Oil and Gas Law and assess the implementation of law enforcement in the field. The method used is a normative juridical approach with qualitative analysis of legislation, legal doctrine, and secondary legal material. The results showed that the Oil and Gas Law has not provided a clear regulation on the last transportation stage of subsidized BBM, which has an impact on the weakness of supervision and the rise of distribution deviations. Also found involvement of unscrupulous officials in illegal practices that aggravate the situation. Thus, more comprehensive regulation updates are needed and consistent law enforcement so that subsidized fuel distribution can run fairly, transparently, and in accordance with national energy policy objectives.
PERLINDUNGAN HUKUM BAGI KORBAN ATAS KEBOCORAN PUSAT DATA NASIONAL SEMENTARA (PDNs) PERSPEKTIF PERLINDUNGAN DATA PRIBADI Chushairi, Slamet Mahfud; Fithry, Abshoril; Rusfandi, Rusfandi

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4664

Abstract

The advancement of information technology has accelerated the digitalization of data across various sectors, including government institutions. However, this digital transformation also increases the risk of violations against citizens' privacy rights, particularly through personal data breaches. The data breach incident involving the Temporary National Data Center (PDNs) in 2023 serves as a real example of the state's weak data governance, which directly impacts the legal protection of affected individuals. This research aims to analyze the urgency of legal regulation for victims of data breaches from the perspective of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to elaborate on the legal consequences of such violations. This study employs a normative juridical method with a statutory and case approach. The findings reveal that although the PDP Law regulates the rights of data subjects—including the right to information, breach notification, and compensation—the implementation in the PDNs case remains inadequate. The government, as a data controller, failed to transparently notify victims and has not provided sufficient legal remedies. Furthermore, the absence of the Personal Data Protection Authority (PDPA) has resulted in a lack of supervision and enforcement. The legal consequences for violations by state institutions are ineffective, despite the PDP Law providing for administrative, civil, and even criminal sanctions. Keywords: Personal Data Protection. PDNs. PDP Law.
Co-Authors ., Sjaufurrachman Ababil, Maulana Rouf Amin, Aidi Amir, Tolak Chushairi, Slamet Mahfud Drajat, M. Raofikin Elmanzah, Fajar Erfandi Erfandi, Erfandi Hajar, Ahmad Halimah, Syahnaz Ibadhillah, Dwi Imam Rofiqi Moh. Anwar Moh. Zeinudin Putra, Dery Irawan Aditya Putri, Safina Dwita Rudiyanto Rudiyanto, Rudiyanto Sembiring, Rinawati Sjaifurrachman Sjaifurrachman Wahedani, Ahmad Yayuk Sugiarti