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Standardization Harmonization, Consolidation, and Refinement of Draft Laws in DPR and DPD M Jeffri Arlinandes Chandra; Rofi Wahanisa; Ade Kosasih; Vera Bararah Barid
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 2 (2023): Legal Education in Current Development: Problems and Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i1.36605

Abstract

The Purpose of this research is to find a formula for harmonizing, consolidating, and refining the concept of draft laws. Harmonization activities are based on policy formulation (regulation system) and material harmonization (substance), with the aim of adjusting the existing national legal system to the new legal system, creating a harmonious law as a positive law (harmony of law). The plural nature of the places where harmonization, consolidation, and refinement of the concept of draft laws occur are the Indonesian House of Representatives (DPR) - Committee on Legislation (Baleg), the Government - Ministry of Law and Human Rights (Depkumham), and the Regional Representative Council (DPD) - Committee on Legislation and PPUU. This makes the practice of harmonization have different interpretations from each institution, which highlights the need for agreement among these institutions in determining standardization in harmonization, consolidation, and refinement of the concept of draft laws. Furthermore, an analysis is needed to determine the appropriate time for harmonization, consolidation, and refinement of the concept of draft laws, whether it should be done before submitting the bill as is currently done, or after discussions are completed, or both before and after. Therefore, it is necessary to investigate the effectiveness of the implementation of the activities of harmonizing, consolidating, and refining the concept of draft laws to minimize the filing of judicial reviews at the Constitutional Court.
Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law Aprila Niravita; Rofi Wahanisa; Suhadi Suhadi; Rahayu Fery Anitasari; Bayangsari Wedhatami
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38690

Abstract

Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.
Legal Politics in Land Acquisition for the Waru-Buduran Frontage Road in Sidoarjo Regency, Indonesia Azizah, Putri; Suhadi, Suhadi; Wahanisa, Rofi
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 2 (2025)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/lg.v14i2.33038

Abstract

Land occupies a strategic position within Indonesia’s legal system, functioning not only as an economic asset but also as a social instrument intended to achieve the greatest prosperity of the people, as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. In the context of infrastructure development, the implementation of social functions of land frequently necessitates land acquisition for public purposes, particularly in transportation projects aimed at reducing traffic congestion and enhancing public welfare. This study aims to analyze land acquisition for the construction of the Waru–Buduran Frontage Road in Sidoarjo Regency, examining its legal basis, governing principles, and underlying legal-political orientation. The research employs a normative juridical method, utilizing statutory and conceptual approaches, supported by empirical data on the implementation of land acquisition at the research site. The findings reveal that the land acquisition process for the Waru–Buduran Frontage Road has been conducted in accordance with the applicable legal framework, particularly Law Number 2 of 2012 on Land Acquisition for Development in Public Interest and its implementing regulations, and is guided by principles of humanity, justice, utility, and legal certainty. Furthermore, policy reflects the local government’s legal politics aimed at accelerating infrastructure development and alleviating traffic congestion while ensuring protection of affected landowners’ rights through fair and adequate compensation. The implications of this study underscore the importance of enhancing public participation, enhancing transparency in compensation valuation, and ensuring the consistent application of land acquisition principles to achieve effective infrastructure development that remains aligned with the rule of law and social justice.
Foreign Investment in Agricultural Land and Legal Protection of Local Farmers (A Comparative Study between Indonesia and Thailand) Amiludin, Amiludin; Suhadi, Suhadi; Wahanisa, Rofi
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.29713

Abstract

This study examines the ownership and control of agricultural land by foreign investors in Indonesia and Thailand, an issue closely related to agrarian sovereignty and the protection of local farmers. The research is motivated by pressures from globalization and economic liberalization, which encourage foreign investment but risk the dominance of capital over agricultural land. The objectives are to analyze the legal framework, mechanisms for farmer protection, regulatory differences between the two countries, and implementation challenges. The research questions focus on how the law regulates foreign land ownership, the legal protection available for farmers, and the key differences between Indonesia and Thailand. This study uses a normative juridical approach with comparative legal analysis, relying on primary, secondary, and tertiary legal sources, and is analyzed qualitatively. Findings indicate that Indonesia restricts foreign ownership through limited rights and domestic legal entities, yet weak enforcement, fragmented oversight, and nominee arrangements allow de facto control by foreign investors. Thailand enforces stricter restrictions, effective corporate oversight, and limited-use rights for farmers, ensuring stronger legal protection. Policy recommendations include comprehensive agrarian law reform, establishment of cross-sector coordinating institutions, strengthened investment supervision, and mandatory application of Free, Prior, and Informed Consent (FPIC) to protect farmers. The study contributes academically to comparative agrarian law research and provides normative guidance for policymakers.
Reconstructing the Legal Politics of Nominee Agreements in Direct Investment in Indonesia: Toward Beneficial Ownership Transparency and a Fair Investment Climate Diwyacitta Nura Nugraha; Rofi Wahanisa; Suhadi Suhadi
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.18933

Abstract

The practice of nominee agreements in Foreign Direct Investment (PMA) in Indonesia is often used as a legal smuggling strategy by foreign investors to circumvent share ownership restrictions in the Negative Investment List (DNI). This phenomenon reflects the current investment legal policy (ius constitutum) which is ambivalent; on the one hand, it prohibits normatively, but on the other hand, it is weak in law enforcement, thus creating an unhealthy business competition climate (unfair competition) and potential losses to the country's economic sovereignty. This study aims to criticize the effectiveness of existing regulations and formulate an ideal legal political reconstruction to realize investment justice. This study is a normative legal research using a statutory approach (statute approach), a conceptual approach (conceptual approach), and a political-legal approach (political-legal approach). The results of the study indicate that the prohibition on nominee agreements in Article 33 of the Investment Law and Article 48 of the Limited Liability Company Law has not been effective due to the lack of an integrated oversight instrument for beneficial owners. Therefore, a reconstruction of legal politics (ius constituendum) is needed that shifts from a passive prohibition paradigm to an absolute transparency regime. The proposed reconstruction concept includes: (1) Formalization of the obligation to declare beneficial ownership explicitly in the law, accompanied by strict sanctions; (2) Implementation of the Nominee Amnesty mechanism as a restorative transitional solution; and (3) Harmonization of the cross-sectoral supervisory system that integrates data from the OSS, the Directorate General of AHU, and the PPATK
MODEL PENGELOLAAN HUTAN BERSAMA MASYARAKAT (PHBM) Wahanisa, Rofi
Yustisia Vol 4, No 2: August 2015
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v4i2.8660

Abstract

AbstractForest management must consider the cultural values of society, aspirations and perceptions, and involve local communities in forest management in the presence of community-based forest management (PHBM). One of the areas that have the potential wealth of natural / forest resources is Kendal. Formulation of the problem, 1) forest management in Kendal?, 2) The role and participation in PHBM in Kendal?, 3) Barriers in PHBM in Kendal ?. This research is a kind of juridical empirical research. Engineering analysis was performed by descriptive analysis. Based on the results of the study, 1) Implementation of forest management in Kendal done involving the community, with the PHBM models, 2) The role and participation of the community with the establishment of the Institute of Forest Village Community (LMDH) / Forest Village Community Association (PMDH), 3) Barriers, less fast accessing information with a range of obstacles. Advice that can be given, among others, 1) Model Forest Management (PHBM) is considered effective. 2) Increasing community participation in the management of forest resources. 3) In order to overcome the obstacles of rural communities to be pro-active with each other to obtain information for the development of forest resource management. AbstrakPengelolaan hutan harus memperhatikan nilai-nilai budaya masyarakat, aspirasi dan persepsi masyarakat, dan melibatkan masyarakat setempat dalam pengelolaan hutan dengan adanya pengelolaan hutan berbasis masyarakat (PHBM). Salah satu daerah yang memiliki potensi kekayaan alam / sumber daya hutan adalah Kabupaten Kendal. Perumusan masalah, 1) Pengelolaan hutan di Kabupaten Kendal ?, 2) Peran dan partisipasi masyarakat dalam PHBM di Kabupaten Kendal ?, 3) Hambatan dalam PHBM di Kabupaten Kendal?. Penelitian ini adalah jenis penelitian yuridis empiris. Tekhnik analisis dilakukan secara deskriptif analisis. Berdasarkan hasil penelitian, 1) Pelaksanaan pengelolaan hutan di Kabupaten Kendal dilakukan mengikutsertakan masyarakat, dengan model PHBM, 2) Peran dan partisipasi masyarakat dengan pembentukan Lembaga Masyarakat Desa Hutan (LMDH) / Perkumpulan Masyarakat Desa Hutan (PMDH), 3) Hambatan, kurang cepat mengakses informasi dengan berbagai kendala. Saran yang bisa diberikan antara lain, 1) Model pengelolaan hutan bersama masyarakat (PHBM) dianggap efektif.2) Meningkatkan peran serta masyarakat dalam pengelolaan sumber daya hutan. 3) Untuk mengatasi hambatan masyarakat desa bersikap saling pro aktif untuk memperoleh informasi untuk pengembangan pengelolaan sumber daya hutan. 
From Justice to Politics: The Constitutional Court’s Role in Structured and Systematic Election Violations Rofi Wahanisa; R. Benny Riyanto; Syahwal; Eko Mukminto; Uche Nnawulezi
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.21103

Abstract

This research analyzes the judicial implications of the Constitutional Court’s rulings on structured, systematic, and massive (TSM) violations in Indonesian elections, and their impact on democratic integrity. Using a socio-legal approach, it combines legal analysis with social science perspectives to examine how the Court interprets and applies TSM principles within a broader socio-political context. The study finds that while the Constitutional Court plays a pivotal role in upholding electoral integrity and safeguarding democratic values, significant challenges remain. Chief among these is the difficulty of proving TSM violations, which are often entangled with powerful political interests. These challenges can weaken public trust, hinder accountability, and contribute to a democratic deficit. The study concludes that more robust judicial mechanisms and clearer evidentiary standards are needed to ensure fair adjudication and strengthen Indonesia’s democratic institutions.
Moving Together to Make Lerep Village in Semarang Regency Safe from Sexual Violence Rofi Wahanisa; Rahmawati Prihastuty; Pradipta Christy Pratiwi; Dyah Ayu Rahmawati; Moh Iqbal Mabruri; Santi Rohmawati; Inge Widya Pangestika; Septhian Eka Adiyatma
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.6905

Abstract

Sexual violence against children in Central Java shows the highest percentage among other types of violence at 46.6%, while sexual violence against women is at 14.7%. This high incidence of violence is an important concern, especially in Semarang Regency, which is ranked third in Central Java. Sexual violence is vulnerable in public places, such as tourist attractions. Although cases of sexual violence that occur in Lerep Tourism Village have not yet surfaced, preventive efforts to prevent sexual violence against women and children need to be intensified. The solution offered through this community service proposal is the implementation of psychoeducation for youth organizations in Lerep Village related to sexual violence. This program is in line with the 8th mission of Lerep Village in efforts to provide services, protection, and social empowerment for vulnerable groups, the poor, the elderly, orphans / orphans, people with disabilities and pregnant women. Therefore, psychoeducation on sexual violence and types of sexual violence, knowledge about healthy relationships and handling sexual violence both legally and psychologically was prepared. This psychoeducation also aims to equip teenagers in Lerep Village who are engaged as agents of change in an effort to prevent sexual violence and handle it if it occurs in the Lerep tourist village.
Creating a Child-Friendly District: Strengthening Psychological First Aid Skills for Women’s Empowerment and Child Protection (PPPA) Cadre in Pemalang Regency Rofi Wahanisa; Pradipta Christy Pratiwi; Rahmawati Prihastuty; Dyah Ayu Rahmawati; Septhian Eka Adiyatma; Satrio Sakti Nugroho
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.32395

Abstract

Pemalang Regency continues to record a significant number of cases of violence against women and children, with 62 cases reported by the end of 2024. The main challenges include the limited skills of Women’s Empowerment and Child Protection (PPPA) cadres in handling cases of violence, the lack of ongoing training, and the need for effective violence prevention strategies. To support the initiative of making Pemalang a Child-Friendly District (KLA), it is essential to strengthen the capacity of PPPA cadres so they can respond more effectively to victims of violence. This community service program offers a solution through Psychological First Aid (PFA) psychoeducation for PPPA cadres, which covers: (1) strengthening basic understanding of PFA, (2) applying PFA principles (look, listen, link), (3) effective communication techniques with victims, and (4) handling violence from both legal and psychological perspectives. The implementation methods include knowledge transfer sessions, interactive discussions, field practice, and the provision of supporting booklets. This approach is designed to enhance the cadres’ skills in providing practical and human-centered support to victims. Based on qualitative evaluations, the program has improved the knowledge of PPPA cadres in Pemalang Regency regarding: (1) basic understanding of psychological first aid, (2) prioritizing and adopting a victim-centered perspective, and (3) strengthening victim assistance in both legal processes and psychological support needs. The service team has also developed a related module to enable cadres to continue improving their skills independently.
ADVANCING CHILD RIGHTS IN URBAN GOVERNANCE: AN ANALYSIS OF POLICY IMPLEMENTATION AND CHALLENGES IN THE CHILD-FRIENDLY CITY INITIATIVE IN INDONESIA Rofi Wahanisa; R. Benny Riyanto; Eko Mukminto; Syahwal Syahwal; Septhian Eka Adiyatma; Uche Nnawulezi
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.389-408

Abstract

The Child-Friendly City program in Indonesia aims to integrate children's rights into urban governance, promoting safe, inclusive environments for children’s development. Initiated by the Ministry of Women’s Empowerment and Child Protection, this program has expanded significantly since its inception in the 2010s. It has gained recognition for establishing child-friendly infrastructure and services such as playgrounds, libraries, and health centers. However, rapid urbanization and climate risks have posed new challenges, prompting the inclusion of children’s participation in urban decision-making. The program is guided by 24 indicators assessing health, education, protection, and participation, categorizing cities into four achievement levels. Despite successes, empirical data from Pemalang Regency reveals a gap between policy aspirations and outcomes, with rising child violence cases indicating ineffective child protection. The study explores the discrepancy between policy formulation and implementation, analyzing institutional barriers such as fragmented governance, inadequate coordination, and resource constraints. Additionally, socio-cultural factors, including the view of child protection as a familial responsibility, further hinder progress. This research employs a non-doctrinal approach, combining legal and field-based analysis to identify these challenges and offer recommendations. The findings emphasize the need for comprehensive data systems, enhanced child protection training, and stronger coordination among local actors. By incorporating children’s voices into policy creation and strengthening legal frameworks, the Child-Friendly City program in Pemalang can become a model for broader child-rights realization, ensuring children’s safety, participation, and well-being in urban governance.
Co-Authors -, Syahwal A.A. Ketut Agung Cahyawan W Abimanyu Aziz Ade Kosasih Ade Kosasih Adiyatma, Septhian Eka Adnan Ramadhan, Muhammad Rifki AHMAD HABIB AL FIKRY Al Fikry, Ahmad Habib Al Iyad, Ericko Arwinda Al Jazuli, Qasim Alleandria La Graha Amiludin, Amiludin An Naufal, Yazid Anak Agung Istri Sri Wiadnyani Anitasari, Rahayu Fery Aprila Niravita, Aprila Arif Hidayat Arif Hidayat Arinda, Raden Arlinandes Chandra, Jeffri Arya Permana Salaka Arya Salman Azizah, Putri Bararah Barid, Vera Barid, Vera Bararah Bayangsari Wedhatami Bayu Dwi Anggono Benny Riyanto Budi, Rizky Cahyani F, Ardia Pramesthi Regita Chandra, M Jeffri Arlinandes Damayanti, Ditta Dwi Didik Purnomo, Didik Diwyacitta Nura Nugraha Dwi Lestari Dyah Ayu Rahmawati Dyah Ayu Rahmawati Dzikirullah H. Noho, Muhammad Eko Mukminto Emy Hajar Abra Fenty Nur Hidayah Haris, Akmal Hikal Fikri, Muhammad Adymas Inge Widya Pangestika Luh Putu Ratna Sundari M Jeffri Arlinandes Chandra Mahendra, Rayhan Nizam Maulana, Hashfi Moh Iqbal Mabruri Muhammad Abdul Rouf Muhammad Adymas Muhammad Fikri Mukminto, Eko Naufal, Brilliant Nugraha, Nicholas Nurul Fibrianti Pradipta Christy Pratiwi Pradipta Christy Pratiwi Pradipta Christy Pratiwi Pratomo, Inge Widya Pangestika Purwaningdyah Murti Wahyuni Putri, Fadhilah Rizky Aftriani Qoiri, Mutmainah Nur R. Benny Riyanto Rachmawati, Fairus Augustina Rahayu Fery Anitasari Rahman, Malik Akbar Mulki Rahmawati Prihastuty Rahmawati Prihastuty Rahmawati Prihastuty, Rahmawati Rahmawati, Dyah Ayu Rini Fidiyani Rohmawati, Santi Santi Rohmawati Satrio Sakti Nugroho Septhian Eka Adiyatma Septhian Eka Adiyatma Siti Nuzulia, Siti Sri Wahyu Krida Sakti Suhadi Suhadi - Suhadi Suhadi Suhadi Suhadi Surya Wira Syahwal Syahwal Syahwal Syahwal, Syahwal Uche Nnawulezi Uche Nnawulezi Vera Bararah Barid Vera Bararah Barid Vivi Puspita Sari Wedhatami, Bayangsari Yasser Basuwendro