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REFORMULASI KEBIJAKAN PERTAMBANGAN ATAS KEWENANGAN DAERAH Yuwono Prianto; Rasji Rasji; Benny Djaja; Narumi Bungas Gazali
JURNAL LITIGASI (e-Journal) Vol 21 No 1 (2020)
Publisher : Fakultas Hukum Universitas Pasundan

This study of natural resource management under the Article 33 of the 1945 Constitution is more motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increase the prosperity and welfare of the people. Environmental aspects become the last criteria in promulgating economic policies and production processes at macro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulate prosperity while the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPR mentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e) of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included in concurrent Administration affairs. Central Government, in passing its policy should consider local wisdom while paying attention to national interests. Keyword : Mining, People, Policy.

GUGATAN PEMBATALAN IZIN MENDIRIKAN BANGUNAN HOTEL SALAK TOWER Geraldy Mista Putera; Yuwono Prianto
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Development is mostly carried out in aspects of human life to develop the economy and improve people's welfare. This construction is build upon permit in the form of a building permit issued by the government. The permit can also be canceled if it is deemed not in accordance with the applicable requirements. The goal of this investigation is to determine the resolution of the case and to find out whether the legal considerations given by the judge are correct or not. This investigation utilize normative legal research methods. The origin of legal material used in the research are primary legal library materials, secondary legal library materials, and tertiary legal library materials. This investigation used qualitative analysis. Based on an analysis of the sources of legal material that has been carried out, the authors conclude that the lawsuit against the cancellation of the building permit was registered past the deadline for the issuance date of the permit or has passed since the permit was announced at the time of the first construction, then the perceived loss the plaintiff is considered not a material loss and only concerned with the interests of one of the plaintiffs. As well as the legal considerations that have been conveyed, it is considered appropriate and when looking at the spatial plan of the Bogor Regency area, the location where the hotel is built is included in the area that allows for hotel buildings.

PENGARUH EMOSI KEAGAMAAN TERHADAP KEDUDUKAN ANAK ANGKAT PADA MASYARAKAT BADUY MIGRAN (KASUS DESA CISIMEUT LEBAK BANTEN) Ade Lilis Suryani; Yuwono Prianto
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are one of the gifts of the Almighty God as a mandate and must be protected, loved and guaranteed for all their needs. The child referred to here is a legitimate child, an extramarital child and adopted child. The position of adopted children in Indonesia is governed by positive law, Islamic law, and customary law. In customary law each indigenous community in various regions has its own character and mechanism. As in Kasud in the village of Cisimeut Lebak, Banten, that is in the indigenous Baduy community. In the results of the study, it was pointed out that local customary law was still more enforced than religious norms. This is evidenced by the discovery of the Baduy migrants from the Baduy tribe due to conversion. While the majority of the beliefs of the Baduy people are Sundanese wiwitan. With the development of the times, technology and community interaction became one of the factors supporting the influence of the religious emotions of the Baduy community.

KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA Yusi Permatasi; Yuwono Prianto
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

KESADARAN HUKUM MASYARAKAT ATAS PENETAPAN BATAS PENGUASAAN TANAH/RUANG DI WILAYAH PESISIR DAN PANTAI Yona Yonanda Soly; Yuwono Prianto
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.669

Indonesia is an archipelagic country, consisting 17,508 big and small islands. People need for land is increasing in big cities, and also those in small islands. The one and only way for people in small islands meet the need for land is by exploiting coastal areas and beaches to be a place of residence and place of business. Coastal and costal areas should be protected by spatial planning systems and managed wisely by local governments. Any development activities and utilization of coastal areas shall be subject to the provisions of the written positive law. Communities should also understand that development and community activities can impact on the availability of fish and the presence of coral reefs, mangrove forests or seagrass beds whose existence can affect the livelihoods of local communities. The research method used is empirical. It is necessary to prevent the utilization of coastal border space for purposes other than public purposes. The beach is owned by everyone, therefore it must be prevented exclusive use for personal interest by making a fence or building directly on the beach.Keyword: beach, coastal, small islands

PERLINDUNGAN HUKUM TERHADAP LANJUT USIA YANG MENGALAMI KEKERASAN PSIKOLOGIS DAN FINANSIAL Marcelia Oktavia Gosal; Yuwono Prianto
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1072

The growth of the elderly population in Indonesia is greatly increasing. Maintain the survival of parents, and prevent the occurrence of danger, risks, and violations of human rights of parents is important. The issue discussed in this article is how the legal protection of the elderly who experienced psychological and financial violence. The research method used is socio-legal research. The results show that legal protection against the elderly has not been well implemented. Article 321 of the Civil Code provides for mutual obligations between parents and children. Article 9 of the Law on the Elimination of Domestic Violence regulates the scope of households and the prohibition of neglecting a person within the scope of the household. Article 8 of Law Number 13 Year 1998 on Elderly Welfare affirms that government, community and family are responsible for the improvement of elderly welfare. Implementation of Article 46 regarding the responsibility of the child to the elderly parent has not been effective. This can be seen of how many people who do not know the existence and content of the relevant provisions, many people neglecting their obligation ignoring their elderly parents. Legal protection of the elderly, which covers the recognition of the rights of the elderly, the protection of their interests and intentions, is not written in detail because the various provisions of how the Law are summarized. Sociologically, these provisions often escape the attention of the public, although the rules of non-law provide a special affirmation that supports the rule of law. Keywords: Legal protection, elderly parents, psychology, finance violances.

IMPLEMENTASI ASAS NEMO PLUS YURIS SEBAGAI PERLINDUNGAN HUKUM BAGI PEMEGANG HAK ATAS TANAH (STUDI KASUS PEMBATALAN SERTIFIKAT NOMOR 2690/KEBON KELAPA) Naomi Elvienne Yanto; Yuwono Prianto
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2376

Since act number 5 of 1960 concerning basic regulations on agrarian principles on 24th of September 1960, it was a historic day for Indonesia. Because, that was the unification day of the land law, by revoked the land legal dualism in Indonesia for the sake to create a legal protection and also giving the legal certainty to the holders of the land rights. Likewise the act number 19 of the basic regulations on agrarian principles have instruct to held a land registration then published a land rights certificate as a proof of land ownership. It is a vigorous but not the absolute proof of land ownership, because of the impact of publication system that held in land registration in Indonesia, the land rights certificate can be canceled by a person who feels that he has rights of the land concerned. That makes the purpose of the basic agrarian principles, may not be effective due to the process of law in Indonesia concerning that basic regulations on agrarian principles concerning that it has been 58 years since the day it published.

Implementation of Policy Regulation on Dengue Fever Treatment Through Gene Drive of Wolbachia Bacteria Benny Djaja; Yuwono Prianto; Fully Handayani Ridwan; I Made Hery Karyadika; Kurniawan
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.855

Dengue fever is an infectious disease transmitted through the bite of the Aedes aegypti mosquito. Efforts to control this disease often face insecticide resistance and environmental factors. One innovation that is expected to reduce the spread of DHF is the application of gene drive by utilizing Wolbachia bacteria. This technology works by infecting mosquito populations to reduce their ability to transmit dengue virus. This article discusses the implementation of the policy on dengue treatment through gene drive based on Wolbachia bacteria in Indonesia, focusing on regulatory aspects, field tests, and community acceptance of the technology. This study used a qualitative approach with secondary data analysis from policy documents, field trial results, and interviews with stakeholders. The results showed that although field trials showed promising results in reducing the spread of DHF, the challenges faced were immature regulations and public concerns regarding environmental and health impacts. Therefore, a more integrated policy approach is needed, as well as better communication to increase public understanding and support for this innovation.

Implementation of Actio Pauliana in the Construction Services Contract for the Construction of the National Strategic Project Sgar Mempawah Cindy; Yuwono Prianto
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.861

The purpose of this study is to determine the implementation of actio pauliana by the parties in the event of default on the contract and what legal protection can be given to the contractor when actio pauliana executed /performed. This study is a normative-Empirical Legal Research, which combines aspects of normative jurisprudence with empirical jurisprudence. Normative aspects include the study of legislation and legal literature related to actio pauliana and construction services law. The results of the study show that the application of actio pauliana must also take into account the legal protection of third parties, especially contractors in good faith. The law recognizes that a buyer in good faith remains entitled to legal protection in order to obtain his rights to the goods he legally purchased. If the buyer is unable to obtain the goods he has purchased as a result of the cancellation of the legal act through actio pauliana, they are entitled to claim damages. It is also important to note that not all legal acts can be annulled through the actio pauliana. Legal acts committed in the interests of the company, not in personal interests, may be excluded from cancellation. This suggests that the law also takes into account the context and purpose of the legal act committed.

The Responsibility of Local Government Towards UMKM Actors, A Case Study of the Curbing of Traders in the Peak Tourist Area Della Kristina; Yuwono Prianto
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.892

The Puncak tourist area in Bogor is one of the top destinations that attracts thousands of tourists every year. However, this increased tourism activity presents challenges related to public order and spatial management, particularly regarding street vendors who are often perceived as disruptive. The local government enforces vendor regulation to maintain the area's aesthetics and reduce congestion, but this policy often neglects the welfare of MSMEs that depend on trading in the area. This study aims to explore the responsibility of local governments in providing legal protection and support to MSME vendors, especially in the context of vendor regulation policies in the Puncak tourist area. Based on Law No. 23 of 2014 on Regional Government and Law No. 20 of 2008 on MSMEs, the government is obligated to create a conducive business environment and involve the community in policy-making. Findings show that enforcement without alternative solutions harms vendors socially and economically. Local governments need to adopt inclusive and participatory approaches to balance maintaining public order and protecting the welfare of small vendors

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