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Reconstruction Of Provincial Authority In The Field Of Marine Affairs And Fisheries To Regency/City Governments In Realizing The Welfare Of Small-Scale Fishermen In Indonesia Ahmad Duroni Nasution; Ramlan Ramlan; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4968

Abstract

Horizontal conflicts occurred after the UUPD came into effect because there were regulations regarding changes in marine zoning for small fishing communities. Meanwhile, the authority of the district/city government over coastal areas and small islands has been regulated in the UUPWP3K that the authority of the regional government to manage coastal and small island resources. This study aims to analyze the provisions of laws and regulations on regional government and coastal area management as regulated in the regulations on coastal areas and small islands, and how to reconstruct the authority of the provincial government to the district/city government as before. The research method used is normative legal research. Normative legal research is research that is carried out or directed at legislation, namely the relationship between one regulation and another and its relation to implementation in practice. The results of the study show that since the UUPD came into effect, the authority to manage the marine and fisheries sector as well as coastal areas and small islands by the district/city government has been reduced. The zoning area of 0-4 miles which was originally managed by the district/city government is now managed by the provincial government, thus making the provincial authority zoning 0-12 miles
LEGAL ASPECTS OF BANKRUPTCY PEACE THROUGH RESTRUCTURING CORPORATE DEBT IN THE DIGITAL ECONOMY ERA Ida Nadirah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i1.2369

Abstract

This type of research is analytical descriptive, which aims to describe legal phenomena related to bankruptcy peace and debt restructuring in the digital economy era, then analyze them based on legal theory and practice in the field. Bankruptcy is regulated in Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In this framework, peace is one solution to avoid total liquidation of company assets, with a focus on debt restructuring and paying off obligations to creditors. Based on a literature review, peace is considered more effective than liquidation because it gives the company the opportunity to recover and continue operating. The legal aspects of bankruptcy peace through debt restructuring are very relevant in the digital economy era. However, to answer the new challenges faced by companies and creditors, Indonesia needs a legal framework that is more adaptive, dynamic and responsive to technological developments. A collaborative approach between regulators, business players and other stakeholders is the key to creating a legal ecosystem that supports the sustainability of the digital economy.
LEGAL PROBLEMS REGARDING DISPUTES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN CORRECTIONS INSTITUTIONS Revanda Bangun; Muhammad Arifin; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5491

Abstract

Procurement goods and services government is part important in operate wheel state administration , including in the environment institution correctional . However , in In practice , this process often face various problems law that triggers dispute . Research This discuss reason main dispute procurement goods and services in the institution correctional , such as mismatch procedure with applicable regulations , misuse​ authority , conflict interests , and minimal transparency . In addition , the obstacles in implementation the rules that are set in Presidential Decree No. 16 of 2018 concerning Government Procurement of Goods/Services participate to worsen situation . The dispute that arose often leading to a long legal process and impacting efficiency organization task socialization . Research This recommend existence improvement supervision , transparency , and implementation sanctions firm For minimize dispute in procurement goods and services in the institution correctional
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Surya Wahyu Danil Juni Harsya Dalimunthe; Triono Eddy; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Ida Nadirah; Onny Medaline; Alpi Sahari; Ismail Koto
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
LEGAL ASPECTS OF BANKRUPTCY PEACE THROUGH RESTRUCTURING CORPORATE DEBT IN THE DIGITAL ECONOMY ERA Ida Nadirah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2274

Abstract

The digital economy era has brought significant transformations in the business world, including in the aspect of corporate debt management. In the context of bankruptcy, the traditional approach that tends to focus on the liquidation of corporate assets has begun to be replaced by the peace model through debt restructuring. This approach aims to provide an opportunity for companies experiencing financial difficulties to recover and contribute to the economy. This study aims to analyze the legal aspects of bankruptcy peace through corporate debt restructuring, especially in the digital economy era. The main focus is to identify the applicable legal framework, challenges faced, and opportunities offered by digital technology in the debt restructuring process. The research method used is normative juridical with a conceptual approach and analysis of relevant regulations, including the Bankruptcy and Suspension of Debt Payment Obligations Law (PKPU) in Indonesia. The results of the study indicate that the peace mechanism through debt restructuring has great potential to increase the efficiency and effectiveness of bankruptcy dispute resolution. In the digital era, technologies such as blockchain and digital platforms can be used to increase transparency, accountability, and speed of the restructuring process. However, the implementation of this technology faces challenges, including a lack of specific regulations, data security risks, and resistance from traditional stakeholders.