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Kajian Hukum Pencemaran Lingkungan Udara Berkaitan Dengan Usaha Mikro Kecil Dan Menengah Di Kabupaten Cirebon Silviyah A’delina; Endang Sutrisno; Alip Rahman; Sudarminto Sudarminto
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 1 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i1.4391

The existence of human life is very dependent on environmental conditions. Thus the environment has an important role in the survival of the community. However, humans need an effort as an effort to maintain life. The existence of micro, small and medium enterprises (Usaha Mikro, Kecil, dan Menengah/UMKM) is the largest part of the national economy. In Cirebon Regency itself there are still economic activities that cause air pollution. How is the implementation of the policy of the Cirebon Regional Government in an effort to overcome air pollution based on the scale of micro, small and medium enterprises based on Law Number 32 of 2009 and what is the implementation of sanctions by the Regional Government of Cirebon in overcoming air pollution. The purpose of this study is to determine the policies and implementation of sanctions carried out by the Cirebon Regency Government in overcoming air pollution. This research method is a normative juridical research, through a law approach and then described in an analytical descriptive manner. Regional Government of Cirebon carries out an environmental pollution program to tackle air pollution through two major sub-districts, namely first measuring air quality to find sources of pollution, second controlling pollution and environmental damage. The application of sanctions by the Environmental Service to perpetrators of air pollution has not yet resulted in criminal sanctions because they do not yet have an Environmental Supervisory Officer. Sanctions carried out by the Office are administrative sanctions or commonly called reprimands. Regional government of Cirebon requires business owners to have UKL-UPL permits which are used as the basis for environmental permits. The government is also obliged to protect the environment in the regional of Cirebon.

KAJIAN LINGKUNGAN HIDUP STRATEGIS (KLHS) DI KAWASAN PESISIR KOTA CIREBON Yogi Genovan; Endang Sutrisno; Ratu Mawar Kartina; Alip Rahman
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 6, No 1 (2022): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i1.6811

Kawasan Pesisir Kota Cirebon harus mampu dicegah untuk terjadinya kerusakan lingkungan, dan melalui kebijakan Kajian Lingkungan Hidup Strategis diharapkan dapat menjadi pendorong dalam upaya-upaya membangun lingkungan menjadi lebih baik dengan kebijakan, rencana dan program yang dapat menjadi solusi untuk pencegahan kerusakan lingkungan, permasalahan yang timbul yaitu implementasi kebijakan Kajian Lingkungan Hidup Strategis serta peran Pemerintah Daerah untuk mewujudkan taraf perbaikan lingkungan hidup yang baik, dengan metode penelitian yuridis empiris menganalisis ketentuan aturan hukum dalam produk peraturan tertulis dan penerapannya di masyarakat. Kajian Lingkungan Hidup Strategis di kawasan pesisir Kota Cirebon tercantum dalam berbagai aturan di tingkat lokalitas, hanya tidak membahas secara detail tentang penerapan lingkungan hidup di Kawasan Pesisir Kota Cirebon serta kesadaran hukum masyarakat menjadi persoalan tersendiri untuk merumuskan dan membangun lingkungan hidup yang baik, hal ini sangat dibutuhkan mengingat peran Pemerintah Daerah melalui kebijakan, perencanaan serta program-program berbasis go green untuk Kawasan Pesisir Kota Cirebon, tetap harus mengikutsertakan keterlibatan masyarakat secara genuine sebagai faktor penting dalam membangun lingkungan hidup. Titik berat kebijakan Kajian Lingkungan Hidup Strategis diharapkan dapat membantu memperbaiki kondisi kawasan pantai Kota Cirebon sehingga tercipta lingkungan yang hijau untuk mewujudkan kesejahteraan masyarakat.

RESTORATIVE JUSTICE IN RESOLVING EMBEDDING AT CIREBON CITY POLRES Monica Octavia; Sanusi; Alip Rahman
Journal Indonesia Law and Policy Review Vol 3 No 1 (2021): Journal Indonesia Law and Policy Review (JILPR), October 2021
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

The settlement of the crime of embezzlement by using restorative justice provides the best solution in resolving private crime cases between people (natuurlijkepersonen) or legal entities (recht personen). The implementation of restorative justice in the settlement of criminal acts of embezzlement at the Cirebon City Police has been carried out, but there are obstacles. The research uses an empirical juridical approach, by means of field research, namely examining legal regulations which are then linked to data and behavior that lives in the midst of society in the form of primary data. Research shows that restorative justice is the process of resolving criminal cases by involving victims of crime, criminals and representatives in society to be able to meet together to find common ground that will benefit both parties. The concept of applying restorative justice in cases of criminal acts of embezzlement is better than the criminal system and the conventional judicial process which takes a long time and costs a lot from both the victim and the government itself in terms of facilitating the examination process, up to the execution process of the embezzlement case. alone. Restorative justice is a fast, simple and low-cost means of settlement which allows it to be used in the settlement of criminal cases of embezzlement as an offense with a private dimension between the victim and the perpetrator of the crime. The obstacle is that people don't know much about restorative justice, especially the model so that many people don't want to be solved with restorative justice. The application of restorative justice should be applied to every criminal case if the perpetrator and the victim want it, not just a case of embezzlement.

Juridical Study of Customary Law In The Indonesian National Legal System Irgi Setiawan; Ariq Muzaffar Wahyu; Alip Rahman; Anom Sutrisno
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.

Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto Riswanto; Muhammad Akbar Rachmatullah; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.

Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.

Legal Protection For E-Commerce Businesses Against Consumer Reviews Julia Choeirunnissa; Martin Situmorang; Muhamad Zidan; Endang Sutrisno; Alip Rahman
Journal Of Social Science (JoSS) Vol 3 No 5 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i5.309

In e-commerce, customer reviews play an important role in influencing the decisions made by customers. Before making a purchase, many people read positive customer reviews because they can offer useful information to potential buyers and increase their overall level of trust in the product. Positive customer reviews also help a store look more credible However, what happens to business actors is not as expected, so consumers act in bad faith by making bad judgments in marketplace product reviews. The purpose of this study is to analyze the good faith of business actors and how it impacts the law established by the Consumer Protection Law. This study uses a normative legal research study whose findings show that consumers are not liable for criticism that harms business entities, in accordance with the Consumer Protection Law (UUPK). In particular, Article 5a requires consumers to pay special attention to product descriptions listed in stores.

Juridical Study of Customary Law In The Indonesian National Legal System Irgi Setiawan; Ariq Muzaffar Wahyu; Alip Rahman; Anom Sutrisno
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.

Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto Riswanto; Muhammad Akbar Rachmatullah; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.

Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.

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