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All Journal Sriwijaya Law Review Humanis : Jurnal Ilmu-Ilmu Sosial dan Humaniora Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Halu Oleo Law Review Madani Jurnal Politik dan Sosial Kemasyarakatan JHR (Jurnal Hukum Replik) Indonesian Journal of Law and Society Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Jurnal Pengabdian Masyarakat: BAKTI KITA Equalegum International Law Journal Golden Ratio of Law and Social Policy Review (GRLSPR) The Journal Of Socio Legal and Islam Law
Ahmad Munir
Universitas Islam Darul 'Ulum
Religion Arts Humanities Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ABUSE OF AUTHORITY BY THE REGIONAL GOVERNMENT FOR THE CONSTRUCTION OF NATIONAL ROADS Ahmad Munir; Luthfie Octavian; Sugiran Try Wibowo; Bagus Teguh Santoso
JHR (Jurnal Hukum Replik) Vol 11, No 1 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i1.8052

Abstract

Roads as one of the transportation infrastructure are important elements in building the life of the nation and state. The government has an important role in providing investment for road construction in accordance with its authority as regulated in Law Number 2 of 2022 on the Second Amendment to Law Number 38 of 2004 concerning Roads. However, there are district governments carrying out the construction of national roads which should be the authority of the central government. This writing uses a normative research method with a statutory approach and a conceptual approach related to regulations and regulatory concepts over the authority of local governments in the construction of national roads. Besides that, it uses a conceptual approach , namely the approach taken to the concept of regional government authority in road construction . The purpose of this study is to analyze the abuse of authority by the Regional Government for the construction of National Roads. The results of the study stated that the Regency/City Regional Government carried out the construction of national roads , The regency /city regional government fulfills the element of abusing authority or exceeding authority . For this reason, the central and regional governments can carry out road construction, but this must be in accordance with their respective authorities.
FORMS OF LEGAL PROTECTION DUE TO THE CONVERSION OF AGRICULTURAL LAND INTO RESIDENTIAL AND INDUSTRIAL LAND Saiful Munir; Siti Afiyah; Ahmad Munir
EQUALEGUM International Law Journal Volume 1, Issue 1, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (198.974 KB)

Abstract

Background. Indonesia is a developing country that cannot be separated from modernization. Thus, if Indonesia turns into a modern country, it must change itself from an agrarian country to an industrial country. Local government and related agency officials in an effort to realize the protection of sustainable food land are still limited to carrying out their main duties and functions as outlined in the local regulation, there are no other sociological efforts aimed at realizing the protection of sustainable agricultural land. The purpose of this research was 1) to find out the government's legal products in reducing the conversion of agricultural land into housing and industrial land, 2) to find out the form of legal protection due to the conversion of agricultural land into Housing and Industrial land. Research Method. This research used normative juridical that examine the regulations both legislation and other regulations under the law that have a relationship with research problems. In conducting research, the author uses several approaches, including a statutory approach, conceptual approach, historical approach and comparative approach. Findings. The conversion of agricultural land to non-agricultural uses in various regions in Indonesia is mostly carried out by the landowners themselves and is influenced by other factors both internal and external as well as policy factors from the government. Conclusion. The conversion of land that has been designated as sustainable food agricultural land for the public interest can only be carried out on the condition that a strategic feasibility study.
ANALISIS KONSEPSI PERALIHAN HAK ATAS TANAH HARTA BERSAMA (GONO GINI) MELALUI AKTA HIBAH TERHADAP PIHAK LAIN Sholihan, Sholihan; Munir, Ahmad; Kuncoro, Cipto; Wulan, Dewi Nawang; Nugroho, Akhmad Dwi Prasetyo
HUMANIS: Jurnal Ilmu-Ilmu Sosial dan Humaniora Vol 16 No 1 (2024): Januari
Publisher : LPPM UNISDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/humanis.v16i1.5941

Abstract

Law Number 1 of 1974 concerning Marriage actually does not provide a loophole for divorce because divorce has consequences not only related to the status of husband, wife, and children but also to property obtained in marriage. This study aims to examine the importance of joint property institutions regulated in positive law in Indonesia and whether the deed of land title grant from joint property made by a Notary and PPAT can be withdrawn by the grantor. This research is a normative legal research using a statutory approach and a concept approach. Based on the results of the discussion, it can be concluded that the importance of the institution of joint property is regulated in positive law in Indonesia because, in its development, the division of joint property after divorce decided by the court is not always divided in half, but also considers the contribution of the husband and wife in their domestic life. Land rights from joint property that belong to widowers or widows can be transferred to other parties by way of grants, and an authentic deed (Notarial Deed) is made. In principle, grants cannot be revoked or cancelled, but there are exceptions, for example, if the grantee does not meet the conditions of the grant.
Limitation Of Authority Between Central And Local Governments In The Oil And Gas Business Wulan, Dewi Nawang; Rusydi; Ahmad Munir; Ahmad Taufiq Rifaldi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1315

Abstract

The oil and gas revenue-sharing system for several regions has conflicting norms for regulating authority between the central government and regional governments in the oil and gas revenue-sharing system for several regional governments. In Article 14 Paragraph 3 of Law Number 23 of 2014 concerning Regional Government it is stated that only the central government can manage oil and gas business activities. -Law Number 22 of 2001 concerning Oil and Gas still regulates the authority/involvement of local governments in fulfilling the clauses of the cooperation contract as an instrument of oil and gas business activities. The method used in writing this article is normative law. In this study, the authors want to know and obtain clarity about what the central authority over the oil and gas business is, and how the revenue-sharing funds are divided for the two local governments. The literature used in this paper comes from scientific journals and is supported by scientific books from various scientists. From the results of the research that has been done, in fact there is still involvement of local governments both in management in the form of fulfilling the clauses of the cooperation contract, especially in determining the work area and its return as well as environmental management.
Toll Road Tariff Increase Policy Against Public Interest Munir, Ahmad; Alif, M. Najib; Ulum, Mohammad Ihyaul
Madani Jurnal Politik dan Sosial Kemasyarakatan Vol 15 No 01 (2023): Februari 2023
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/madani.v15i01.4052

Abstract

A significant increase in toll road fares will be implemented on the Surabaya-Gresik Toll Road in 2022. The policy of increasing the tariff for the Surabaya-Gresik toll road is carried out when inflation is high and there is the COVID-19 pandemic. This study uses a normative research method with a statutory approach and a conceptual approach related to toll roads and the concept of public interest in the imposition of toll road tariffs. No research has been conducted from the point of view of the public's interest regarding the policy of increasing toll road fares. This study aims to analyze the policy of increasing toll road fares against the public's interest. The results of this study show that the imposition of toll road tariffs is a source of state revenue that does not come from taxes. In addition, the construction of toll roads is in the public's interest. However, the increase in toll road fares when inflation is high and there is a COVID-19 pandemic cannot be justified because the burden on society will increase. The toll road tariff adjustment should be waived or reduced if investment feasibility has been obtained and the minimum service standards are not fulfilled and/or reduced for economic development.
Enforcement of Reduced Punishment for Perpetrators of Terrorism Crimes against Death Penalty Punishment Serbabagus, Shalahudin; Andreianto, Frifqi Dewangga; Munir, Ahmad; Hudi, Moh.
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10361

Abstract

Terrorism is one of the crimes that fall under the death penalty category. The threat of the death penalty for perpetrators of criminal acts of terrorism as a tool to enforce the law. However, there are conflicting rules between the death penalty and human rights. So, can the death penalty be changed to life imprisonment? This research aimed to analyse whether reducing punishment for those convicted of terrorism could be enforced. This research uses a normative research method with a statutory, conceptual, and case approach through judge decisions relating to terrorism cases. The implementation of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism considers acts of terrorism to be a threat to ideology and national security. The death penalty is imposed as a last resort to protect society and can be carried out after a prisoner's request for pardon is rejected by the President. Legal efforts that can be taken to reduce terrorism punishment range from filing an appeal, cassation, and judicial review to the final application to ask for forgiveness from the President, who is the convict's only hope of reducing the sentence to obtain human rights protection and legal relief.
Limitation Of Authority For The Government To Access Information For Tax Purposes In The Perspective Of Law And Human Rights Munir, Ahmad; Djatmiati, Tatiek Sri; Aisyah, rr. Herini Siti
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.45296

Abstract

Regulation regarding access to financial information for tax purposes gives authority to the government delegated to the Directorate General of Taxes to obtain access to financial information from financial service institutions. This is considered contrary to the right to privacy and confidentiality, resulting in the need to limit government authority to protect taxpayers. This research answers taxpayers' doubts about government authority over access to financial information and gains taxpayers' confidence in the security and confidentiality of financial information. This research uses normative juridical methodology with a statutory and conceptual approach related to tax information disclosure. Legal protection for taxpayers must be implemented based on the rule of law by limiting the government's authority to access financial information for tax purposes. Changing permission to become a dispensation in regulations regarding access to financial information for tax purposes must provide justice for taxpayers so that there is no freedom from government authority. So, it would be unfair to treat compliant taxpayers like non-compliant taxpayers. Obedient taxpayers have carried out their obligations and are entitled to the right to privacy and confidentiality of their financial information. For this reason, it is necessary to limit the authority for the Directorate General of Taxes so as not to take arbitrary actions in accessing taxpayer financial information, as well as ensuring the confidentiality of financial information, so as to create fairness in the implementation of access to financial information for tax purposes.
Analysis of the Renvoi Procedure in Special Cases of Insolvency on Review (Case Study of the Decision of Mahkamah Agung Number 44 PK/Pdt.Sus-Bankruptcy/2021) Nawang Wulan, Dewi; Antonio, Andi; Munir, Ahmad
Socio Legal and Islamic Law Vol 3 No 1 (2024): Juni 2024
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i1.23905

Abstract

This article discusses the mechanism of renvoi procedures in civil cases specifically for bankruptcy in Indonesia, with a focus on the case study of Supreme Court Decision Number 44 PK/Pdt.Sus-Pailit/2021. The renvoi procedure allows creditors or debtors to dispute the amount of debt that has been acknowledged by the curator in the debt/receivables verification meeting. Through analysis of this decision, this article examines how disputes regarding the amount of debt can proceed to the judicial review stage and highlights the important role of the Supreme Court in providing legal certainty. The results of the analysis show that the renvoi procedure is an important instrument to ensure fairness and accuracy in the bankruptcy resolution process. Even though the amount of the debt has been acknowledged in the verification meeting, new evidence or recalculation can change the amount, and the dispute can be taken to court until a decision with permanent legal force is reached. This case highlights the complexity and importance of procedural review as well as the central role of the Supreme Court in ensuring that the bankruptcy resolution process is fair and in accordance with applicable legal provisions. Keywords: Renvoi Procedure, Bankruptcy, Judicial Review
Challenging Government Overreach Munir, Ahmad; Djatmiati, Tatiek Sri; Aisyah, rr.Herini Siti; Santoso, Bagus Teguh
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.53625

Abstract

This research examines the implications of Law No. 9 of 2017 on Access to Financial Information for Tax Purposes (IKKP), which grants the Indonesian government, through the Directorate General of Taxes, extensive access to financial information from financial service institutions regarding any taxpayer. Article 6 of this law further provides immunity to government officials, including those from the Ministry of Finance, the Financial Services Authority, and financial institutions, from criminal or civil prosecution under the pretext of “carrying out duties.” This broad authority and immunity raise concerns about potential violations of taxpayer privacy rights, especially for those who have diligently fulfilled their tax obligations. The research argues that such unrestricted government access contradicts the right to privacy for all taxpayers, necessitating legal limitations to safeguard individual rights. The study emphasizes the importance of equitable treatment in ensuring that justice is maintained, particularly for compliant taxpayers. Utilizing a normative research methodology, which includes legislative, conceptual, and comparative approaches, this study highlights the potential conflict between the IKKP Law and other existing regulations, such as Law No. 7 of 2021 on Harmonization of Tax Regulations (HPP) and Law No. 27 of 2022 on Personal Data Protection (PDP). The research underscores the need for a balance between tax transparency and the protection of personal financial data. In conclusion, this study calls for legal action, such as judicial review, to prevent the IKKP Law from undermining human rights and the supremacy of law. Protecting taxpayer privacy within a democratic legal framework is essential to achieving justice and upholding the principles of a Rechtsstaat.
Legal Protection for Rural Communities in Achieving Sustainable Food Land (A Case Study of Lamongan District, East Java) Maulidah, Nur; Munir, Ahmad; Sholihan; Afiyah, Siti; Sundari, Ariefah
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1611

Abstract

The sustainability of food land is crucial not only for economic productivity but also for maintaining ecological balance, cultural identity, and rural livelihoods. This study examines the effectiveness of legal protections for rural communities in safeguarding sustainable agricultural land, with a focus on Lamongan District, East Java. Using a normative-empirical approach, the research combines statutory analysis of agrarian laws with field surveys and interviews involving 256 respondents, including farmers, village officials, and legal experts. The findings reveal a persistent gap between legal norms and actual practices. Although Law No. 41/2009 on the Protection of Sustainable Agricultural Land and Law No. 5/1960 on Basic Agrarian Principles provide a strong legal foundation, enforcement is hindered by weak institutional coordination, low legal literacy, and limited authority at the village level. These challenges often result in land conversion without transparent procedures or adequate community participation, threatening both agrarian justice and national food security. The study underscores the need for participatory legal reforms, stronger intergovernmental coordination, and capacity-building initiatives for village institutions. The implications extend beyond Lamongan, offering insights for policymakers and scholars interested in land governance, food sovereignty, and rural sustainability. Future research should explore longitudinal and comparative perspectives to strengthen the integration of law and social policy in agrarian contexts.
Co-Authors Abdul Halim Afiyah, Siti Ahmad Fatikhul Udin Ahmad Taufiq Rifaldi Ainul Masruroh Alif, M. Najib Andreianto, Frifqi Dewangga Antonio, Andi Bagus Teguh Santoso bagus teguh santoso, bagus teguh Dea Arifka Andini Heru Irianto hudi, moh Kuncoro, Cipto Luthfie Octavian M. Afif Hasbullah M. Alvin Nur Coiroly M. Hadi Shubhan Maulidah, Nur Muhamad Arif Fahmi Muhammad Arif Fahmi Muhammad Lutfi Hardiyanto Nawang Wulan, Dewi Nugroho, Akhmad Dwi Prasetyo Nur Basuki Minarno Raissa Virgy Rianda Rama Azalix Rianda Rr. Herini Siti Aisyah Rusydi Saiful Munir Serbabagus, Shalahudin Shalahudin Serba Bagus Sholihan Sholihan Sholihan Sholihan Sholihan Siswandi Hendarta Siswanto Siswanto Siti Afiyah Sudarsono Sudarsono Sugiran Try Wibowo Sundari, Ariefah Tatiek Sri Djatmiati Ulum, Mohammad Ihyaul Wulan, Dewi Nawang Zuli Kasmawanto