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All Journal Justitia et Pax Jurnal Hukum Lex Generalis Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Archipelago
Fazal Akmal Musyarri
Fakultas Hukum Universitas Brawijaya
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Contoh Penerapan Penetapan Zona Ekonomi Eksklusif: (Studi Kasus Imajiner Amalea v. Ritania atas Malachi Gap) Misbachul Munir; Churun Ain Nabila Elsyam; Fazal Akmal Musyarri; Nenny Sihotang; Puput Brenda Afriyanti; Zipora Nadya A. Siregar
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

Abstract

The Law of the Sea divides a country's maritime territorial boundaries into sections, one of which is the Exclusive Economic Zone or EEZ. EEZ is a maximum distance zone of 200 miles that can be utilized by resources but cannot be controlled by a country because for purposes such as shipping and flight navigation that are required in general. But because of the nature of its free use can trigger conflict between countries because it is like a domino that has a correlation with each other. In this paper will be spelled out examples of the application of EEZ conflict resolution in imaginary cases of the State of Amalea and the State of Ritania as a simulation of the settlement of EEZ determination based on unclos sea law 1982. This simulation has a dynamic of interesting fictitious facts in terms of law with a conventional settlement that is the consensus of the parties. Referring to UNCLOS 1982, the utilization of marine aspects needs to be considered so as not to interfere with other countries.
Konsepsi Hak Cipta Ditinjau dari Distribusi Kekayaan Menurut Teori Hukum Ekonomi Syariah: Conception Of Copyright Is Reviewed From The Distribution Of Wealth According To The Theory Of Islamic Economic Law Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 3 No 2 (2022): Tema Hukum Islam
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i2.182

Abstract

Intellectual Property Rights (IPR) is a right that arises from the results of human brain thinking that produces a product or process that is useful for human life. The object of IPR arrangement is a work that arises or is born from human intellectual ability. IPR itself has many kinds such as copyright, brand rights, patents, industrial design, trade secrets, protection of plant varieties, to the design of integrated circuit layouts. IPR itself in the context of Islamic Law is included as a gift of Allah S.W.T.. In this paper, the author is interested in studying IPR in the view from the point of view of property ownership theory and its implications. This is considering the utilization of IPR that can bring commercial value to IPR holders as an exclusive right. Whether the conception is in accordance with Islamic sharia or there are other concepts that are more ideal to be applied.
Ganti Rugi Korban Terorisme Ditinjau dari Perspektif Sosio-Legal Fazal Akmal Musyarri
Jurnal Hukum Lex Generalis Vol 1 No 9 (2020): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v1i9.223

Abstract

Acts of terrorism is a form of real crime that has been in the spotlight for some time. In fact, at the end of 2020, found traces of kingpins that allegedly constituted terrorism training in west Java. This encourages not only the study of the crime of terrorism but also the need to think about the fate of people who are victims of terrorism crimes as an Extra Ordinary Crime. Terrorism is said to be very evil because of its organized nature and can cause casualties, physical injuries, to losses both materially and non-materially. This is what needs to be discussed also in a legal perspective. Not only in terms of normative because basically, the arrangement regarding compensation for victims of terrorism still raises question marks in the condition of the perpetrator who died or has not been found syndication responsible for acts of terrorism. Therefore, in this paper will be discussed about the compensation of victims of terrorism not only from a normative but also socio-legal view.
Urgensi Pembentukan Solusi Perlindungan Hukum bagi Penganut Agama dan Kepercayan Minoritas di Indonesia Fery Rochmad Ramadhan; Fazal Akmal Musyarri; Maya Maulidya Nasmi
Jurnal Hukum Lex Generalis Vol 1 No 9 (2020): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v1i9.224

Abstract

Indonesia is one of the countries that has a plurality of cultures in it, including religions embraced by the community. But the facts on the ground, only religion and belief of the majority are recognized by the community and the government. In the constitution, there is no law that requires every citizen to adhere to the six majority religions. That is, minority religions other than the six religions are allowed to develop in Indonesia as long as it is still within the limits of reasonableness. The Constitution which contains regulations that address religious freedom include Articles 28 and 29 of the Constitution of the Republic of Indonesia of 1945, Article 4 and Article 22 of Law No. 39 of 1999 on Human Rights and Law No. 1/PNPS/Year 1965 on Prevention of Abuse and/or Blasphemy. But if considered carefully, the Act contains statements that can cause misinterpretation. Such misinterpretation can be fatal especially for adherents of religious minorities outside the recognized religion in Indonesia. The most obvious consequence is discrimination against these minorities, both in terms of physical violence and in the field of administration. For example, the Ahmadiyya community is not calm in carrying out worship and the Sunda Wiwitan community which until now has been difficult to get official administrative papers because it is bumped with the problem of religious columns. During this time, religion and minority beliefs are less recognized and even tend to be considered heretical by society. In fact, they also have rights that include internal rights and external rights of religious freedom that should not be reduced by anyone. If traced back, it turns out that one of the causes is confusion in Law No. 1 / PNPS / Year 1965 on Prevention of Abuse and / or Blasphemy earlier.
Akselerasi Sistem Tol Laut Melalui Konsep Storage Island guna Pemberdayaan Wilayah Kecil Sebagai Pusat Logistik Berikat Fazal Akmal Musyarri; Andriani Larasati; Paradisa Eksata Gheosa
Jurnal Archipelago Vol 3 No 01 (2024): Jurnal Archipelago
Publisher : Badan Perencanaan, Penelitian dan Pengembangan Pemerintah Provinsi Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69853/ja.v3i02.122

Abstract

The national development orientation is starting to lean towards marine-based development, to reduce regional growth disparities, especially in the Eastern Region of Indonesia. The government has set the Maritime State Concept as a development priority, where one of the five pillars of the concept is the development of maritime infrastructure and connectivity. The main focus in this concept pillar includes the idea of sea highways and policies in the national logistics system. The solution being developed by the government is to build a Bonded Logistics Center (PLB) as a multifunctional logistics warehouse to stockpile imported or local goods. However, currently PLB development is still focused on sea ports, land ports and industrial areas in several regions in Indonesia. This limitative implementation reduces the efficiency of implementing PLB in Indonesia. So the author recommends the grand design of "Storage Island" using a normative juridical writing method, with a statutory approach and a conceptual approach. Integration with the development of sea highways has resulted in several ideas in Storage Island, including: First, the use of coastal areas or small islands with an area of 2,000 km between sea toll routes as PLB; Second, time management related to transporting goods using cargo with TEU capacity, both large and small ships; The third is the separation of the sea toll route from the commercial route (passenger transport journeys) to the sea toll road and/or to Storage Island. The realization of a Storage Island requires a legal umbrella regarding the management of areas that are special islands for storing logistics goods, which can be realized by revising the Law on Management of Coastal Areas and Small Islands. It is hoped that the Storage Island idea can cumulatively reduce the cost burden on the national logistics system and make goods distribution time more efficient. The implication is equal distribution of economic development throughout Indonesia and supporting the realization of Indonesia as a maritime country.
Co-Authors Andriani Larasati Churun Ain Nabila Elsyam Danang Wahyu Setyo Adi Dea Candori Dyah Alif Suryaningsih Eka Rahmawati Elsa Assari Fery Rochmad Ramadhan Guardino Ibrahim Fahmi Maya Maulidya Nasmi Melta Setya Rahayu Pujianti Misbachul Munir Moh. Rif'an Muhammad Akbar Nursasmita Nenny Sihotang Nurul Ula Ulya Paradisa Eksakta Gheosa Paradisa Eksata Gheosa Puput Brenda Afriyanti Puspita Putri Sunarso Rossa Wahyu Ningrum Syanindita Nirna Ingtias Yanels Garsione Damanik Zipora Nadya A. Siregar