Garuda - Garba Rujukan Digital

OMNIBUS LAW TENTANG PENGATURAN TEKNOLOGI INFORMASI DAN KOMUNIKASI GUNA REKONSTRUKSI KONVERGENSI HUKUM TEKNOLOGI Nurul Ula Ulya; Fazal Akmal Musyarri
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 9, No 1 (2020): April 2020
Publisher : Badan Pembinaan Hukum Nasional

Perkembangan teknologi merupakan suatu keniscayaan yang mewarnai kehidupan manusia modern saat ini. Untuk menghindari hal-hal yang dapat merugikan masyarakat, peranan hukum menjadi penting dalam mendampingi perkembangan teknologi. Namun hingga saat ini, masih terdapat celah hukum yang menimbulkan permasalahan seperti kasus Hoaks Ratna Sarumpaet, sengketa Nama Domain BMW.id, dan aduan tentang Financial Technology karena hukum yang belum akomodatif. Penelitian ini menggunakan metode Yuridis Normatif dengan pendekatan peraturan perundang-undangan serta pendekatan konseptual. Terdapat beberapa topik mayor yang diangkat dalam tulisan ini diantaranya Hoaks, Nama Domain Indonesia, Start-Up, Financial Technology, Keterbukaan Informasi Publik, Pelayanan Perizinan Perusahaan dan Konvergensi dengan Hukum Telematika. Permasalahan pada topik mayor tersebut tersebar dalam peraturan perundang-undangan di berbagai tingkatan, yang akan penulis bahas dalam tulisan ini. Peneliti juga memberikan saran revisi substansi atas topik mayor tersebut yang diwujudkan melalui momentum Omnibus Law tentang Teknologi Informasi dan Komunikasi guna Ius Constituendum hukum Indonesia.

EVALUASI YURIDIS SISTEM PENYELESAIAN SENGKETA PEMILIHAN UMUM DAN IUS CONSTITUENDUM PERADILAN KHUSUS PEMILIHAN UMUM Nurul Ula Ulya; Fazal Akmal Musyarri
Justitia et Pax Vol. 35 No. 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v35i2.2508

The General Election Judicial System in Indonesia currently runs partially in Indonesia because the institutional structure that plays a role in handling General Election cases consists of elusive anatomy. Some of these institutions include the Constitutional Court, the Election Supervisory Body, the Administrative Court and the District Court which have different portions of authority and lack synergy in their representation. This can lead to miscoordination and overlapping of authority. Therefore, the formation of a Special Election Judicial body is an alternative solution that can be done to maintain the implementation of a democratic General Election up to the stage of case resolution.

Odissey Concept; Reformulasi Penyelenggaraan Jaminan Sosial Tenaga Kerja sebagai Strategi Mewujudkan Kesejahteraan Tenaga Kerja ASEAN yang Terintegrasi Rossa Wahyu Ningrum; Dyah Alif Suryaningsih; Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 2 (2020): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

This paper explains the social security of ASEAN employees. Labor as a support for the improvement of development and economic growth in a country is entitled to social security. In Indonesia, the social security of the workforce itself is protected by Indonesian Employees Insurance which is incorporated in one insurance consortium. The basis is because the consortium is a social security private insurance instead of prioritizing Profit Oriented rather than guaranteeing the continuity of the fate of the workforce starting from before departure to guarantee the safety of migrant employees back to their home countries. There are some obstacles that are still an unresolved scourge of labor problems, ranging from difficulties in the management of insurance claims because employees have to return to their home countries to take care of insurance claims and insurance claims by consortiums that are not maximal. So the author made the idea of BPJS Go International which is a meltdown from insurance consortiums in Indonesia. In addition, the author also made an idea about the concept of the fulfillment of integrated and integrated social security for ASEAN employees based on Odissey Concept.

Dekonstruksi Kewenangan Polisi Kehutanan sebagai Upaya Meminimalisasi Tindak Pidana Pembakaran Hutan Secara Terselubung Syanindita Nirna Ingtias; Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 2 No 11 (2021): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v2i11.156

Deforestation conditions in Indonesia reached a level of concern. Forests are often burned to open land for the construction of factories or gardens so that there is a transfer of functions that reduce land productivity and reduce the number of forests continuously. These conditions if continuously occur will certainly threaten the sustainability of forests as the heart of nature and cause negative impacts such as floods and landslides. The law prohibits illegal forest burning activities but is ruled out to local communities such as indigenous peoples who burn forests for collective interests rather than profit. The exclusion of vulnerable norms is exploited by irresponsible individuals. Through the provision of the ability to burn forests by local communities, corporations abuse the provision to open land for business activities. On the other hand, the Forestry Police as the institution responsible for forest sustainability does not have the capability to crack down because there is no special authority for the Forestry Police to map and analyze whether a forest fire that occurs is a natural event, done purely by local communities, or is a deliberate burning by corporations by utilizing local communities. Juridical issues in essence become upstream problems related to the criminal act of burning the veiled forest. So in this paper, the author tries to analyze the position and authority of the Forestry Police in cracking down on forest burning criminal acts covertly and recommends the expansion of the main duties and functions of the Forestry Police as a forest rescue strategy for the sustainability of Indonesia's environment for the foreseeable future.

INTROSYM : Reformulasi Stolen Asset Recovery dalam Sistem Pemeriksaan Delik Korupsi Sektor Swasta Melta Setya Rahayu Pujianti; Fazal Akmal Musyarri; Paradisa Eksakta Gheosa
Jurnal Hukum Lex Generalis Vol 1 No 4 (2020): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

“Power tends to corrupt, and absolute power corrupts absolutely” is Lord Acton's adagium, in reflection of executive misconduct in the form of intervention in the independence of reported companies. In line with the thinking of Romli Atmasasmita who stated that the increasing number of corruption in the private sector was due to the unwillingness of witnesses in reporting the case. Supported by UGM's Economic Sciences Laboratory which said state losses due to private corruption reached 40.53%, the author initiated the idea of Integrated Proofing System (INTROSYM), which is a system of cracking down on integrated corruption cases involving companies that include the stages of reporting witnesses from insiders (whistleblowers). However, there are corrupt assets that are rushed abroad, especially to certain countries such as Switzerland. The country keeps assets secret so strictly that it is difficult to prove even though the party requesting the opening of the case and proof is the country where the asset owner. So that a special regulation is needed that can open transparency of proof of the assets of a company stored abroad. Stolen Asset Recovery (StAR) is a partnership between the World Bank and is a product of the United Nations of Drugs and Crime that implements UNCAC. StAR makes it easier for the state to open cases and prove the company's assets. So far, many countries have implemented STAR, but only applied to assets owned by individuals and state officials. So that StAR can be further optimized by applying it to assets owned by the company. It is expected that the enforcement of INTROSYM can reduce the crime of corruption in the private sector that is difficult to do and solve in the realm of Indonesian law.

Urgensi Penambahan Parameter Potensi Lokal dalam Pengalokasian Formulasi Dana Desa sebagai Upaya Pengembangan Pariwisata Lokal di Indonesia Puspita Putri Sunarso; Eka Rahmawati; Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 5 (2020): Tema Hukum Pemerintahan (HTN dan HAN)
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

The development of tourism in Indonesia today has increased significantly. Pariwasata is one of the country's sizable foreign exchange income contributors. Indonesia's Gross Domestic Product (GDP) from the tourism sector in 2010 amounted to 261.05 Trillion Rupiah. This figure skyrocketed to 461.36 trillion rupiah in 2015. This is inseparable from the role of large tourism potential in Indonesia. Indonesia is a unitary state consisting of islands that line from Sabang to Merauke that have quite diverse tourism potential. In this stretch of Indonesia, there is the smallest unit of society called a village. The village is regulated in Law No. 16 of 2014 concerning Villages. The village is the smallest part of a region that has certain potentials that can be developed not only based on its geographical circumstances. But it can also take advantage of the sociological and anthropological conditions of society. For example, villages located in coastal areas can develop tourism potential for aquaculture and aquatic resources. While villages located in mountainous areas can develop tourism potential in the form of ecotourism-based education. The village tourism sector can also be developed from the rich culture that lives among the people. But over time, problems arise in tourism management efforts. The problem is the lack of optimal role of the government in managing tourism potential, especially in the village. On the other hand, in order to optimize the authority of the village as the smallest government order authorized to take care of and regulate its own households, the government in the Village Law provides financial assistance in the form of Village Funds derived from a basic allocation fund of 90% which is the same amount for all villages then coupled with a Formulation Fund of 10% which becomes a nominal differentiator of village funds received. Formulation Funds are adjusted to the Number of Villagers (25%), The Number of Village Poor (35%), Village Area (10%) and geographical difficulty level (30%). Unfortunately, the division of parameters is consumptive and not productive, in the sense that there is no division of parameters for local potential villages that differ from one village to another. Therefore, the author initiated the idea in the form of the addition of village Local Potential parameters in the distribution of village fund formulation funds. The research methods used in this scientific work are normative juridical, using a statutory approach and a concept approach. The addition of Local Potential parameters in the distribution of Village Fund Formulation Fund includes the potential of the village tourism sector. With the implementation of this idea is expected to optimize tourism management efforts and increase the potential of the tourism sector in rural Indonesia.

Anotasi atas Peraturan Presiden Nomor 87 Tahun 2017 tentang Penguatan Pendidikan Karakter Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 7 (2020): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

The discourse regarding the mature arrangement of Character Education came to the fore in recent times. This is because academic education has not even though it affects intelligence but does not necessarily build the character of a human being. At this point, character education is needed that not only supports academic needs but also the nature and character so that the government through the Ministry of Education and Culture of the Republic of Indonesia begins to develop a character education system that is spelled out through the national education system and applied in Nusantara schools. Normatively, the regulation on Character Education is contained in Presidential Regulation No. 87 of 2017 on Strengthening Character Education. In this paper will be discussed the implementation of Character Education and its effectiveness adapted to the essential thinking of Ki Hadar Dewantara.

Law as General Rule or Law as Conglomeration of Legal Decision Moh. Rif'an; Muhammad Akbar Nursasmita; Fazal Akmal Musyarri; Danang Wahyu Setyo Adi; Elsa Assari
Jurnal Hukum Lex Generalis Vol 1 No 7 (2020): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

In the world, there are two legal systems that are widely used by countries, namely Civil Law or Continental Europe and Common Law or Anglo Saxon. The two legal systems have their own characteristics that result in advantages and disadvantages. Simply put, civil law requires legal certainty with the use of laws and regulations as the main reference. While Common Law demands the newness of the law in accordance with the conditions of the community by relying on the consideration of the judge's decision to the previous ruling. This, of course, provokes philosophical opposition and forces the mind to choose which system is most ideal to use. In this paper, the author attempts to comprehensively analyze the dilemma between the two legal systems.

Ketatanegaraan Klasik Hukum Adat Tengger Ditinjau dari Perspektif Politik Hukum sebagai Produk Budaya Yanels Garsione Damanik; Fazal Akmal Musyarri; Muhammad Akbar Nursasmita; Elsa Assari; Dea Candori
Jurnal Hukum Lex Generalis Vol 1 No 7 (2020): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research takes the object of customary law that grows, develops and is adhered to by the Tengger Indigenous Law Society. The viewpoint taken in understanding the evolving law in the Tengger Indigenous Law Society as law is not written in the legal context as a product of culture. Law is essentially a form of cultural expression of society that radiates from the results of the copyright, taste and work of the community. So that the law basically has characteristics that are social and localistic. Although no more strict than written law equipped with a definite sanctions mechanism, but customary law managed to make the community run by following the social order as expected by the legislator, which allows the author to explore the legal value of Tengger's local constitutional law.

Reformasi Pengadaan Lahan Pembangunan Infrastruktur Melalui SPAT sebagai Upaya Meminimalisir Kesenjangan Pembangunan Infrastruktur Antar Wilayah di Indonesia Guardino Ibrahim Fahmi; Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 6 (2020): Tema Hukum Agraria
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Land acquisition is a problem that affects infrastructure development in Indonesia. Various issues about land acquisition can hinder economic development and add to the development gap in Indonesia. Various efforts have been made by the Government to continue to support and succeed the land acquisition program. The problem that is often faced in the land procurement process is land disputes in addition to legal disputes. Various disputes that exist have the potential to hamper the construction of an infrastructure project, even not infrequently the infrastructure project becomes abandoned for many years. This is where the further enforcement of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest is expected to be a means of smooth land procurement process for development in the public interest, especially infrastructure. According to the law a quo, the procurement of land for infrastructure is determined by the Governor through a decree to designate a region as infrastructure development land. If there are objections, then there will be a lawsuit to PTUN. If there is the remaining land procurement that has not been released, it will return to the initial administrative cycle. This certainly makes the resolution of disputes longer and complicated so that it seems less effective. What's more, if an infrastructure to be built is a strategic government project. So that the author initiated a grand design in the form of an Integrated Agrarian Justice System that collaborates several legal realms, considering that agrarian law is difficult to categorize into the realm of civil, criminal, and admimistration law. The handling of agrarian law cannot be handled through the current event law, so it requires a more specialized and unified event law. The research method used is normative juridical, using a statutory approach and a concept approach. SPAT is a special integrated judicial system for adjudicating disputes in the field of agrarian law, which not only uses positive laws in laws and regulations, but also accommodates applicable customary laws. SPAT is implemented through the Agrarian Court by empowering special judges of agrarian law ecstasy. In agrarian disputes, especially the preparation of land procurement for land to be built infrastructure, the government applied for land determination. Then the court proved by conducting an empirical review of the land to be designated as infrastructure land. Because it applies to the community and indigenous peoples, so that the law used is not only a positive law but also the law that applies in the community of an area.

Title

Found 11 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 11 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 11 Documents
Search