Moh. Rif'an
Fakultas Hukum Universitas Brawijaya

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Certificate Institution Activity System sebagai Penunjang Positive Legal Soft-Skill dalam Job Acceptance Moh. Rif'an; Misael Avemnasal Sitepu; Hary Stiawan
Jurnal Hukum Lex Generalis Vol 1 No 2 (2020): Tema Hukum Perburuhan dan Ketenagakerjaan
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Abstract

The problem in the implementation of education is a serious problem, where errors that can be concluded in education problems will cause internal damage to the nation that can be monitored through HDI (Human Development Index). But the problem is the existence of an elderly society productive school but does not have a level of education or homelessness education. In this paper, the author initiated Legal Soft Skills Certification as a form of implementation of the Article 31 paragraph 2 and Article 28 C paragraph 1 of the Indonesia Constitution and its amendments. In order to emerge an alternative path for homeless people to regain their right to self-development through basic needs, get education and benefit from science and technology to improve their quality of life.
Dilema Kebijakan Pengelolaan Hutan di Indonesia Moh. Rif'an
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
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Abstract

The history of community-based land use is a real and factual reality that can be seen from the past and present. Basically, the study of forest policy will not be far from understanding the relationship between the ruler (regulator), forest and society, which can be seen in two aspects, namely juridical and sociological. In the study of juridical aspects, it has been arranged in the legal framework that people who have a related right to forest (to customary forests or forest rights) obtain their legal status and must be protected over it. Such conditions are adjusted in Law No. 41 of 1999 on Forestry. While in the perspective of sociological aspects, forests and communities cannot be separated on the basis of forests as one of the buffers of life and prosperity of communities whose existence must be maintained optimally. But unfortunately, the small number of state activities reflected from forest management practices to article by article of Ministerial Regulations to The Law in the Constitutional Court's Decision reflects a dilemma in forest management. Departing from the understanding that the state in the behavior of the government to the district / city level is able to take the potential of forest resources constitutionally without reducing the rights of the community that leads to triggering systemic conflicts.
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
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Abstract

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.