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Evaluating Policy Feasibility through Maslahah Mursalah: A Socio-Legal Analysis of Mining Concessions and Organizational Readiness in Indonesia Rizka; Ridwan; Ramli; Abdul Kadir Jaelani
International Journal of Law and Society Vol 5 No 1 (2026): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v5i1.206

Abstract

This study evaluates the feasibility of granting mining concessions to religious community organizations under Government Regulation No. 25 of 2024 in Indonesia. While the policy provides legal authorization, it does not necessarily ensure institutional readiness to meet the technical, environmental, and governance demands required in the mining sector. This research applies a socio-legal approach, combined with a conceptual analytical framework grounded in regulatory demand, organizational readiness, and gap analysis. Data are derived from legal documents, organizational reports, and secondary sources to construct readiness indicators across human resources, governance, and operational capacity. The findings reveal a significant misalignment between regulatory demands and organizational capacity, particularly in technical expertise, risk management systems, and environmental compliance mechanisms. This gap indicates limited institutional readiness to implement mining activities effectively. Using Maslahah Mursalah as an evaluative framework, this study finds that potential benefits are constrained by structural capacity limitations, raising concerns about policy feasibility. This study contributes to socio-legal scholarship by integrating policy evaluation with Islamic legal reasoning through a systematic readiness framework.
Juridical Review of Construction Service Providers' Responsibilities for Failure to Construction of Village Roads according to Law Number 2 of 2017 Concerning Construction Services (Study on CV. Mabrur) Muhammad Faizal Rifai; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Construction Services is a field that encourages increase in national development. But problems can arise in development failures. So from these problems the question arises, who is responsible for the consequences of the development failure, related to Law Number 2 of 2017 concerning Construction Services. The research conducted discussed the responsibility of construction service providers CV. Mabrur for the failure of the construction of the cast road belonging to Kebonsari Village as a user of construction services. This research method uses empirical juridical research methods, by conducting interviews with sources involved in this problem. So the results of what has been researched are proven to be errors or defaults that cause failure, namely the cracking of the cast road caused by a lack of solidity in the installation of the foundation on the cast road which ultimately causes losses to service users, therefore efforts are made to resolve it through negotiation channels to reach agreement or peace by both parties, CV. Mabrur as the construction service provider will be responsible for rebuilding the cracked part of the road.
Legal Protection for The Misuse of Indosiar Logo on Video Content of Mobile Service Parody on Instagram Application Dhea Titania Octavia Putri; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The utilization of internet technology has significantly impacted various aspects of human life, especially in the realm of social media. Instagram, as one of the main social media platforms, provides a space for individuals to share various types of multimedia content, including parody content. However, in this context, issues of intellectual property rights, particularly concerning the misuse of company logos, have become increasingly relevant. The objective of this article is to examine the legal safeguards concerning the improper utilization of the Indosiar logo within parody materials found on Instagram. Using a normative legal approach and case study methodology, this research identifies legal violations occurring under the Copyright Law and Trademark Law. Additionally, it highlights Instagram's policies as an electronic system provider in addressing logo misuse. The results of this study reveal that the inappropriate use of corporate logos in Instagram parody content raises a conflict between the freedom of expression and intellectual property rights. Although parody content aims to entertain, unauthorized logo usage constitutes a trademark infringement that can damage a company's reputation. Hence, ensuring legal safeguards for intellectual property rights in the digital era necessitates collaboration among regulators, corporations, and social media platforms to establish a balanced framework benefiting all stakeholders.
Review of Legal Protection of Acts of Violence against Children in Boarding Schools according to Positive Law and Islamic Law Dinda Kustarin Salekhah; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Children are a great trust that must be cared for and guarded from various forms of discrimination. The boarding school is the party that is responsible for providing this care shortly after the child's parents hand over their care, so that all forms of discrimination such as violence are very contrary to this noble task. Both positive law and Islamic law both view violence against children in boarding schools as a reprehensible act that violates the norm of nobility. This research aims to: 1) Know how the efforts of boarding school in preventing and handling cases of violence in pesantren; and 2) Know how the comparison of legal protection against cases of violence in boarding school according to positive law and Islamic law. Through normative juridical research with a statutory and comparative approach whose data is obtained through literature studies of primary, secondary, and tertiary legal materials, the author finds that legal protection of child victims of violence in Islamic boarding schools is urgent. Its implementation can be realized through penal and non-penal efforts. Islam also views such legal protection as mandatory because it is part of Islamic law. The conclusion that can be drawn is that the protection of child victims of violence in Islamic boarding schools is something that is upheld by positive law and Islamic law which requires active cooperation from various parties so that prosperous justice can be achieved by taking into account the best interests of the child.
Juridical Review of Digisexual Activities in Limited Cyberspace: Reviewed from Positive Law in Indonesia Novia Indah Prasetyowati; Danang Sugihardana; Muhammad Johansyah Maulana; Feri Budi Lestanto; Sekar Diah Ayu Almira; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The advancement of technology has resulted in various products to fulfill human sexual needs, ranging from sex toys, sex dolls, to vibrators. However, not only that, technology has also spurred the emergence of various dating applications catering to diverse sexual orientations through smartphones. This research also highlights the importance of public education, law enforcement, regulation, collaboration with the technology industry, further research, and support for victims. Practical implications and policy recommendations are presented to assist society in protecting themselves from the risks and negative impacts of digital sexual practices in the digital era. This study employs a legal approach focusing on norms and literature research methods to analyze the focal aspects of the research. The normative legal approach is utilized to analyze and comprehend all legal regulations related to the research topic. In Indonesia, the regulation of these activities from a positive legal perspective is still under development, largely due to the unique characteristics of digital media and its rapid evolution. The social impacts arising from digisexual activities entail fundamental changes in how individuals interact and experience sexuality. The absence of explicit regulations addressing digisexuality poses a significant challenge within the legal framework in Indonesia. The phenomenon of digisexuality, closely linked with the use of digital technology in the realm of sexuality, has yet to receive specific regulatory treatment at the national level.
Effectiveness of Tourist Area based Waste Management Legal in The Malioboro Yogyakarta Tourism Center Aditya Ananda; Nunik Nurhayati; R Rizka; Arief Budiono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This article aims to determine the effectiveness of the law regarding tourism-based waste management carried out by the Yogyakarta City Government, targeting the center of the Malioboro Tourism Area as one of the waste producers. This research uses empirical legal methods which are deductive and analyzed qualitatively. Research Location in the Malioboro Tourist Area, Yogyakarta City, Yogyakarta Special Region. This research uses library study data sources, interviews with Yogyakarta City DLH employees and questionnaire techniques for tourists. Then it is processed to get answers to problems related to waste management in the city of Yogyakarta. This research aims to find out 1) There is an overview of waste management in the Jalan Malioboro Tourist Area in terms of Regional Regulation Number 1 of 2022 concerning waste management which describes the technical waste management carried out by the Yogyakarta City Government starting from monitoring the implementation of tourist waste management and the flow of waste sorting. to Final Waste Processing. Then you can describe 2) The effectiveness of waste management in the Malioboro Tourism Area and explain the theory of effectiveness based on the five factors that support implementation in the sectors of legal rules, law enforcement, infrastructure, society and culture. With awareness of protecting the environment carried out by the community and firmness from the Yogyakarta City Government, and carrying out outreach regarding compliance with protecting the environment, especially waste, to tourists and the surrounding community.
Legal Protection Efforts for Wives and Children in Divorces Caused by Husband's Nusyuz Case Nabila Rahmawati Rama; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Divorce is the main cause of the dissolution of a marriage, as stated in Article 38 of UUP No.1 of 1974. Currently, one of the problems in society is the nusyuz case, which is defined as disobedience or non-compliance between husband and wife in prioritizing roles and obligations. contained in a marriage bond. The word nusyuz is found in Qs. An – Nisa verses 34 and 128, nusyuz cases are rife in religious courts. Therefore, the researcher used a normative juridical approach method by referring to Islamic law and positive civil law, statutory regulations and supported by secondary data in the form of interviews from several opinions and considerations of court judges' decisions. Comparisons with previous research can be found in interviews conducted by researchers with one of the chairmen of PA Surakarta, in terms of considering a decision in the form of livelihood, as well as developments in regulations issued by the Supreme Court. Often the children and wife are still the parties who suffer losses after a divorce, the basis for the judge's consideration in granting maintenance rights to the wife and children after the divorce. It is explained in Islamic law using 4 (four) methods: "Al - Qur'an, As - Sunnah, istidlal and ijma". Supported by Perma No. 3 of 2019, Law No. 16 of 2019 in regulating maintenance rights for wives and children. As an effort to protect the law, referring to the Decree of the Director General of the Supreme Court of Republic of Indonesia Religious Courts No. 1951 of 2021 concerning the Implementation of a Policy Brief Guaranteeing the Protection of the Rights of Women and Children Post-Divorce.
Unlawful Acts (Onrechtmatigedaad) regarding Land Ownership Disputes (Study of Marisa District Court Decision Number: 11/Pdt.G/2019/PN.Mar) Awalulkhairi Santosa Putra; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

In cases regarding land, they are often related to civil cases which fall into the field of unlawful acts (Onrechtmatigedaad), Article 1365 of the Civil Code (KUHPer). Looking at the decision regarding unlawful acts in the case of land disputes based on the Marisa Court Decision Number: 11/Pdt.G/2019/PN Mar, the Marisa District Court judge decided that the Defendant had committed an Unlawful Act against the land rights owned by the Plaintiff.This research uses a juridical normative approach whose main data source is secondary data, namelylegal norms contained in statutory regulations and court decisions as well as legal norms that exist in society. From this research, the results obtained are thatThe author describes the elements of each unlawful act in Article 1365 of the Civil Code from case number: 11/Pdt.G/2019/PN.Mar. So it is true that the Defendant has fulfilled all the elements in committing an unlawful act. That according to the Panel of Judges in its legal considerationsA private sale and purchase agreement regarding land rights is valid and has binding legal force as long as the agreement is carried out clearly and in cash and is witnessed and acknowledged by the Village. So that the ownership of the plaintiff's land rights legally belongs to him.
Juridical Review of Land Disputes Against Unlawful Actions (Case Study Decision No. 27/ Pdt.G/ 2021/ Pn.Spt) Nur Achmad Azi Ibrahim; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Humans and land cannot be separated because human life depends on land. Land has a very important value for humans because almost all human needs are related to land, from birth to death. Humans have an emotional and spiritual connection to land, which is not seen as a commodity with economic value, but also has cultural, customary, economic and spiritual elements that are valuable for the owner. Because of this, land disputes often occur, as in Decision no. 27/ Pdt.G/ 2021/ Pn.Spt. This research uses a normative juridical method by examining library materials related to the decision. The results show that the factors causing land disputes are the lack of regulations regarding land rights and unclear land ownership documents in the past. Therefore, the plaintiff's claim must be declared inadmissible, and the arguments of the claim must be explained specifically to determine what actions violate the law.
Juridical Review of Granting Licenses for Analysis of Environmental Impact in The Environmental Office of Boyolali District Safira El Ulya Wahid; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The environment plays a role in everyday life, so environmental protection and management is needed. This research contains a juridical review of granting AMDAL permits at the Boyolali Regency environmental service. This research aims to determine the granting of AMDAL permits in Boyolali Regency and to determine the implementation of granting AMDAL permits in Boyolali Regency. This research uses normative and empirical research. The data in this research uses literature study and direct interviews with the Environmental Service. The results of this research explain the preparation of AMDAL through several stages, including screening, scoping, preparation of KA-ANDAL, preparation of ANDAL, preparation of environmental management plans, preparation of environmental monitoring plans and reporting. The implementation of AMDAL permits in Boyolali Regency includes the construction of a mall, hotel and Grand Maharani business center, construction of the Asy Syifa Sambi general hospital, and development of the PKU 'Aisiyah Boyolali hospital.
Co-Authors Ab.Rahman, Rozanah Abdullah Al Mamun Abdullah Al Mamun Absori Achmad Januar Arifin Achmadi Achmadi Aditya Ananda Ahmad Ghufron Ahmad Imam Hambali Aidul Fitriciada Azhari Ainun Wulandari Almira, Sekar Diah Ayu Alsarandie, Fandi Aminuddin Mustaffa Anindia Fadhilah Anindya Salsabila Anugerah Guswiji Putranto Arbra Zicki Alvandiano Arief Budiono Aries Isnandar Arova Bakhtiar Arova Bakhtiar Asia, Siti Nur Awalulkhairi Santosa Putra Azhar Alam Azhari, Aidul Fitricia Baehaqi Bahtiar Hakim Bakhtiar, Arova Chatarina Umbul Wahyuni Crisanto A. Daing Danang Sugihardana Dewi Iriani Dhea Titania Octavia Putri Diana Setiawati Dimas Aji Pradana Dinda Kustarin Salekhah Diyah Murti Hastuti Eny Purwandari Eny Winaryati Esmara Sugeng Etrico Adyatama Febriani, Hanifah Feri Budi Lestanto Fitri Puji Rahmawati Friska Azharun Tyas Ardellia Galang Liwandika Ganadi, Yusse Putri Ghufron, Ahmad Gizha Syarifa Gunarto Nanang Prabowo Hafidz Nur Firdaus Hanifah Kusumastuti Harun Harun Heru Santoso Wahito Nugroho Idad Difaul Haq Iksan, Muchammad Ilham Rafii Imron Marsyadi, Muhammad Afi Imron Rosyadi Imron Rosyadi Imron Rosyadi Indah Gita Cahyani Iqbal Muhammad Ichsan Irawansah, Didik Isman Isman Isnaini Dina Azizah Istani, Istani Ita Fitriana Izziyana, Wafda Vivid Jaelani, Abdul Kadir Jan Alizea Sybelle Junaidi Junaidi Kasiman, Kasiman Keenan Kadhafi Winarto Kelik Wardiono Kiki Samudera Liwandika, Galang Luthfiyyah Amalina Husna Lyandova, Vanka Lyandovy, Vanka M Junaidi M Masithoh M. Iksan M. Junaidi M. Zaki Attirmidzi Marisa Kurnianingsih Marjanah, Iramadya Dyah Masfuroh Masfuroh Masfuroh Misfah Masithoh Masithoh Maulana Adjie Nugroho Mawaddah Nur Amini Michel Lee Tranh Moh. Indra Bangsawan Muchamad Iksan Muchammad Taufiq Affandi Muhamad Taufik Hidayat Muhammad Anas Muhammad Faizal Rifai Muhammad Johansyah Maulana Muhammad Junaidi Muhammad Muhsin Muhammad RM Fayasy Failaq Muhammad Sholahuddin Muthoifin Nabila Rahmawati Rama Nada Ferika Trihandayani Nanang Prabowo, Gunarto Nanda Kurnia Putra Ngestiningrum, Ayesha Hendriana Noor Rahmad Novia Indah Prasetyowati Nunik Nurhayati Nur Achmad Azi Ibrahim Nur ilmi putri febriyanti Nurhayati , Nunik Nurlina Afifah Litti Oktafiana , Nadita Oktafiana, Nadita Paiza Aprilia Saputri Peggy Dian Septi Nur Angraini Prakoso, Bima Yuda Pramesti, Nadila Putri Prasetyo, Achmad Dzaki Raisa Aribatul Hamidah Ramli Ridwan Ridwan Ridwan Ridwan, Ridwan Rifai, M. Ikhsan Rikko Aprianto Rusydi Hakim S Sahman Z Sa'diyah, Siti Safira El Ulya Wahid Salmande, Ali Sari, Septiana Novita Satrio Sulastomo Sekar Diah Ayu Almira Septarina Budiwati Shofiana Eka Aulia Sigit Sapto Nugroho Siska Diana Sari Siti Hasanah Siti Nur Asia Siti Soekiswati Sofyan Wimbo Agung Pradnyawan Sudaryono Sudaryono Suranto Suranto Taadi Taadi Tama, Onnie Wira Tranh, Michel Lee Trias Hernanda Warda said Wardah Yuspin Winarti Winarti WINARTI WINARTI Wirda Rohmah Wirda Rohmah Yogi Prasetyo Yuli Prasetyo Tri Pamungkas Yusril Aulia Patra yusse putri ganadi Zaini Fajar Sidiq