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All Journal Perspektif Hukum The Indonesian Journal of International Clinical Legal Education "Indonesian Journal of Environmental Law and Sustainable Development "
Yuli Prasetyo Adhi
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Consequences of Transferring Children’s Assets in Trusteeship Without Involving The Heritage Treasure Hall As Trustee Sulistianingsih, Dewi; Sinaga, Dearni Meli Asih; Prasetyo Adhi, Yuli; Mohd Yusoff, Rahmawati
Perspektif Hukum VOLUME 23 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v23i2.233

Abstract

The purposes of this research is to analyze legal ptotection for children in guardianship, which there is a transfer of assets in guardianship without involving Heritage Treasure Hall as supervisory trustees. The article will use a doctrinal research method to analyze the legal aspects of children guardianship. Guardianship is oversight of minors who are not under the authority of their parents so their legal position needs to be represented by a guardian. In a trusteeship, the guardian has rights and obligations over the life of the child under his guardianship and is responsible for the property of the child. In carrying out its role, under Article 366 of the Civil Code, the guardian is supervised by a supervisory guardian, in this case, the Heritage Treasure Hall. However, the Heritage Treasure Hall is less involved in trusteeship activities, especially in the transfer of children’s assets in trust. Actions that do not involve the Heritage Treasure Hall will result in the termination of a guardian and all actions that have been taken may be cancelled.
Legal Strategies in Household Waste Management in Villages Martitah, Martitah; Sulistianingsih, Dewi; Sumarto, Slamet; Prasetyo Adhi, Yuli
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 2 (2024): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i2.6661

Abstract

This article aims to describe and analyze legal strategies in overcoming waste management problems in villages. Rapid population growth in Kebumen Regency, especially Tanuharjo Village, Alian District, Kebumen Regency. Followed by an increase in various economic and social activities of the community which then gave rise to problems in the community. This condition is exacerbated by limited resources from local governments to deal with these problems. In general, this condition is a challenge for the village government to create an environment that can support the lives of all its citizens. Another problem that arises because of the rapid increase in the number of city residents is the increasing volume of waste. The amount or volume of waste is directly proportional to the level of public consumption of goods or materials used daily. Likewise, the type of waste depends on the type of material that the community consumes. Therefore, waste management cannot be separated from the lifestyle of the community, for this reason it must be immediately handled for the alleviation of settlements and slums in Kebumen Regency, especially in Tanuharjo Village, Alian District. The right legal strategy to overcome the waste problem in the village is through making village regulations and supported by existing village facilities.
Illegal Logging and Endangered Animals: The urgency of Establishing Independent Institutions in Environmental Management and Protection Sulistianingsih, Dewi; Prasetyo Adhi, Yuli; Ilmiyah, Nofika; Martitah, Martitah; Mohd Yusoff, Rahmawati
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i1.23338

Abstract

This paper aims to analyse the urgency of establishing independent institutions in environmental management and protection in Indonesia, especially in dealing with illegal logging and the preservation of endangered animal habitats. Using normative juridical methods as well as conceptual and comparative approaches, this study highlights the weaknesses of the OSS-RBA-based licensing system as well as the weak law enforcement against the exploitation of natural resources. The results of the study show that gaps in the licensing system open opportunities for illegal logging practices that increasingly threaten the sustainability of the ecosystem and cause a decline in the population of endangered animals. Compared to other developed countries, Indonesia does not yet have an independent institution specifically supervising licensing and law enforcement in the environmental sector. This study confirms that policies in Brazil can provide a deterrent effect for illegal logging perpetrators by applying strict sanctions in the form of large fines, asset confiscation, and prison sentences of up to 10 years. The establishment of independent institutions in Indonesia is urgently needed to ensure strict supervision and the application of strict sanctions to protect ecosystems and prevent unsustainable exploitation.
Utilitarian Justice in the Decision of the Land Exchange Agreement: A Case Study of Decision Number 241/Pdt.G/2016/Pn.Smn Reviewed from the Post-Positivism Paradigm Muhammad Syahri Ramadhan; Yuli Prasetyo Adhi; Rahayu Fery Anitasari
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 3 (2025): September (Article in Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i3.38180

Abstract

The Sleman District Court Decision Number 241/Pdt.G/2016/PN.Smn, which recognizes the validity of non-formal land exchange agreements, constitutes a significant case for understanding the realization of substantive justice beyond a positivistic legal framework. This study analyzes the decision using Jeremy Bentham’s utilitarianism approach within the post-positivist paradigm developed by Guba and Lincoln. Employing a normative legal research method with a case-based analytical approach, this research demonstrates that the judges did not merely assess the formal legality of the agreement but also took into account social consequences, practical benefits, and empirical realities existing within the community. Utilitarianism is applied to evaluate the extent to which the decision maximizes overall happiness and minimizes suffering for the disputing parties as well as society at large. Furthermore, post-positivism provides an epistemological framework that conceptualizes law as a contextual, non-final, and socially constructed phenomenon open to reinterpretation. The findings suggest that this combined approach yields a more responsive, flexible, and socially meaningful form of justice, while also generating significant methodological implications for research on non-formal agreements, particularly through the use of qualitative methods, data triangulation, and hermeneutical interpretation.
Co-Authors Dewi Sulistianingsih Ilmiyah, Nofika Martitah Martitah Mohd Yusoff, Rahmawati Muhammad Syahri Ramadhan Rahayu Fery Anitasari Sinaga, Dearni Meli Asih Slamet Sumarto