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All Journal Yustisia Jurnal Pembangunan dan Alam Lestari Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Cakrawala Hukum Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Pembaharuan Hukum Sriwijaya Law Review Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Jurnal Hukum Lingkungan Indonesia Jurnal Bina Mulia Hukum Jurnal Sosiologi Agama Media Iuris Jurnal Cahaya Mandalika International Journal of Business, Law, and Education JHCLS Journal of Social and Policy Issues International Journal of Educational Review, Law And Social Sciences (IJERLAS) Administrative and Environmental Law Review Constitutionale Jurnal Konstitusi International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika International Journal of Multidisciplinary Approach Research and Science Warkat GRONDWET Journal of Constitutional Law and State Administrative Law
Indah Dwi Qurbani
Fakultas Hukum Universitas Brawijaya
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Regional Economic Development Strategy: Increasing Local Generated Domestic Revenue of the Regional-Owned Enterprises in the Oil and Gas Sector Qurbani, Indah Dwi; Sumarno, Theresia; Cassy, Retno W. N
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.05

Abstract

This paper illustrates how to develop a local development strategy in the establishment regulation of regional enterprises in the oil and gas sector in Bojonegoro District, Indonesia. This paper focuses on the locally generated domestic revenue in Bojonegoro, which have believed to be one of the most important strategies in their economic development. The oil and gas sector has contributed to almost 50% of the regional economic growth in Bojonegoro. However, the community in the region has not yet received an optimal benefit from the contribution as this sector only contributes 4.6% for its local employment in 2018 in comparison with the agrarian sector which contributes 36% for its local employees. The legal research conducted in this paper is juridical normative research by emphasising the establishment arrangement of the oil and gas regional enterprises to increase the locally generated domestic revenue from the sector. According to the Ministry Regulation of Ministry of Energy and Mineral Resources (MoEMR) Republica of Indonesia No. 1, 2008 on Guidelines for the Exploitation of Petroleum Mining in Mature Field stated that any Local (Village) Enterprise Unit ("KUD") or Regional Local Enterprises ("BUMD").
Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Febriani, Indah; Safa’at, Rachmad; Istislam, Istislam; Qurbani, Indah Dwi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4261.pp95-113

Abstract

This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.
Provision Of Burial Land Post-Unilateral Expropriation: Infrastructure And Utility Issues In Housing Development Paripurna, Mega Yustina; Syafa’at, Rachmad; Qurbani, Indah Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.563

Abstract

Abstrak Penelitian ini bertujuan untuk menganalisis penyebab tidak terpenuhinya kewajiban pengembang perumahan dalam penyediaan Prasarana, Sarana, dan Utilitas (PSU), serta implikasi hukum yang timbul akibat tidak terpenuhinya kewajiban tersebut. Fokus utama penelitian ini adalah pada pengambil-alihan secara sepihak PSU oleh Pemerintah Daerah di Perumahan Makarya Binangun, Kabupaten Sidoarjo. Penelitian ini menggunakan metode yuridis-empiris dengan pendekatan yuridis-sosiologis dan yuridis-antropologis. Teknik pengumpulan data dilakukan melalui wawancara dengan berbagai pihak terkait, seperti Dinas Perumahan, Pemerintah Desa, dan warga perumahan, serta analisis dokumen hukum. Hasil penelitian menunjukkan bahwa pengembang perumahan tidak memenuhi kewajibannya, sehingga Pemerintah Daerah melakukan pengambil-alihan PSU secara sepihak. Proses pengambil-alihan ini terhambat oleh ketidaktahuan keberadaan dokumen penting dan ketidakteraturan status hukum lahan PSU. Penelitian ini menyarankan kebijakan baru yang lebih efektif untuk mempercepat proses pengambil-alihan PSU, termasuk penerbitan sertifikat pengganti dan verifikasi lapangan yang lebih transparan. Kata Kunci: Pengambil-Alihan PSU, Perumahan, Kewajiban Pengembang, Pemerintah Daerah, Legalitas. Abstract This study aims to analyze the causes of developers’ failure to fulfill their obligations in providing Infrastructure, Facilities, and Utilities (PSU) and the legal implications arising from this non-compliance. The primary focus of this research is the unilateral takeover of PSU by the local government in Makarya Binangun Housing, Sidoarjo. This research employs a juridical-empirical method with juridical-sociological and juridical-anthropological approaches. Data collection techniques include interviews with various relevant parties, such as the Housing Department, Village Government, and residents, as well as the analysis of legal documents. The findings indicate that the housing developer failed to meet its obligations, prompting the local government to take unilateral action to acquire the PSU. However, this process was hindered by the lack of essential documentation and irregular legal status of the PSU land. This study suggests the implementation of more effective policies to expedite the PSU takeover process, including the issuance of replacement certificates and a more transparent field verification process. Keywords: PSU Takeover, Housing, Developer Obligations, Local Government, Legality.
Regulating Ecocide in Indonesia Based on the Precautionary Principle Ferdiantoro, Seto; Chanifah, Nur; Qurbani, Indah Dwi
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1169

Abstract

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.
THE IDEAL CONCEPT OF ENERGY CONTROL IN INDONESIA FROM THE ECONOMIC CONSTITUTION PERSPECTIVE Qurbani, Indah Dwi; Rafiqi, Ilham Dwi; Yofita, Emilda; Rahma, Nabila Aulia
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.17429

Abstract

Indonesia's energy transition trends are faced with many challenges and require support in several life sectors. Thus, the pledge of legal certainty and justice through the policies and legal arrangements has become a crucial factor. The present research employed normative legal research with a statutory, historical, and conceptual approach. The purpose of the research was to examine the regulation about energy control in Indonesia all this time and the prospects to regulate energy development from the economic constitution perspective. This study uses a normative juridical method with statutory, historical and conceptual approaches. The results had indicated that such a perspective became an ideal concept to be a basis, reference, and control to the energy regulation in the future. The economic constitution also implied that the economy was built as a shared effort referred to the principle of kinship. Consequently, each of the energy development elements, i.e., policy, management, regulation, and supervision had to be carefully measured for the sake of human’s prosperity. The development and use of renewable energy as the core energy source were strongly consistent with the actualization of economic welfare and safety among the people, which remarked the key to indicating the existence of the economic constitution.
Ecological Justice and Energy Transition Policy in Indonesia Qurbani, Indah Dwi; Rafiqi, Ilham Dwi
Jurnal Pembangunan dan Alam Lestari Vol. 16 No. 2 (2025): Jurnal Pembangunan dan Alam Lestari
Publisher : Postgraduate School of Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.jpal.2025.016.02.03

Abstract

The energy transition has been perceived as an urgent agenda, as the phenomena of climate change and environmental damage are increasing. Various arrangements and endeavors have been undertaken by many countries, including Indonesia, to overcome this challenge. One of these efforts is the formulation of a national energy transition policy. This paper aimed to examine policy directions and analyze gaps in the energy transition policy issues in Indonesia, as well as their relationship to ecological justice. The research method employed was a combination of normative legal research, statutory analysis, conceptual analysis, and historical analysis. The findings showed that (1) the direction of the national energy transition policy aimed at overcoming the impacts of climate change and environmental damage through the use and utilization of new and renewable energy (NRE). Various types of policies have been established, ranging from those related to bills to government regulations and those of the Minister of Energy and Mineral Resources. However, such policies had a dual orientation, which contained substance problems and overlapping arrangements. (2) The problems of the national energy transition policy would affect the fulfillment of access to justice, especially ecological justice. The transition from fossil energy to renewable energy could have a positive impact if the policy and implementation of exploring, exploiting, using, and utilizing renewable energy were truly oriented towards protecting and preserving the environment and social welfare. One indicator of the success of the national energy transition was the fulfillment of access to ecological justice as mandated by the Indonesian constitution.Keywords: Policy, Ecological Justice, Energy Transition in Indonesia, Introduction
CLARITY OF REGULATORY OBJECTIVES REGARDING PRESIDENTIAL APPROVAL IN THE FORMATION OF MINISTERIAL / HEAD OF INSTITUTION REGULATIONS Marianus; Widiarto, Aan Eko; Qurbani, Indah Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 2 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i2.212

Abstract

As the holder of power in the administration of government based on the constitution, the president has set a new policy, namely regarding the mechanism for granting presidential approval to draft regulations of ministers or heads of institutions. With the birth of this arrangement, every policy of ministers or heads of institutions with certain criteria must obtain presidential approval before being determined. The mechanism carried out after harmonization has indirectly obscured the stage of forming laws and regulations that are prevalent today. With juridical normative research methods that use statutory, conceptual, and historical approaches, it was found that the arrangement for granting presidential approval actually brought back classic problems. The arrangement is harmonized with other regulations. There is vagueness in sentence formulation, use of words, terms, or phrases, which causes multiple interpretations. The arrangement also comes out of the national policy framework related to simplifying regulations promoted by the president himself. In its formation, there is also the possibility of the influence of bureaucratic political practices or competition among state administrative work units in finding alternative solutions to problems that arise in society.
OPTIMALISASI PEMANFAATAN LAHAN GAMBUT MELALUI USAHA PERTANIAN PRODUKTIF UNTUK MENCIPTAKAN EKONOMI DESA YANG BERKELANJUTAN Utomo, Medea Rahmadhani; Qurbani, Indah Dwi; Hakim, Muhammad Lukman; Kamal, Muhammad Arif; Margaretha, Fransiska; Syaharini, Dessyta Miranda
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 1 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i1.1303

Abstract

Limited human resources and technology trigger the risk of non-optimal use of peatlands. Excessive use of peatlands also encourages land destruction, which is characterized by a decrease in the production function of agricultural products. Excessive economic orientation makes farmers sometimes unable to control sustainable peatland management. However, not all farmers understand that environmental sustainability leads to local economic productivity. From this case, through this study, several objectives emerged, namely knowing the natural potential and characteristics of peatlands in Jambi province. Identifying types of agricultural commodities that can be optimized for peatland use. Also find ways to manage agricultural waste that can be used as an added value for local communities. Some of this information can be obtained through a qualitative research approach with qualitative descriptive analysis. The term optimization has not been understood as environmental balance so it is still translated as land intensification that tends to damage peatlands. The most important productive agricultural business is liberica coffee commodities. Likasih coffee is a characteristic of Jambi's agricultural symbol. Other potential crops include coconut, watermelon, cucumber, and rice. Some of these agricultural businesses indirectly encourage farmers to manage sustainable agricultural businesses. At the same time, it reduces the motivation of palm oil businesses that tend to be exploitative. In addition, agricultural waste, which has not been utilized so far, is well managed by farmers. The processed waste is an added value for the people of Jambi Province
IMPLICATIONS OF THE REGULATION OF SHARE TRANSFER IN STATE-OWNED ENTERPRISES AS STATE CAPITAL PARTICIPATION Aristy, Tiara Putri; Sukarmi; Qurbani, Indah Dwi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1205

Abstract

State-owned enterprises (SOEs) are crucial to a country's economy. One of the ways SOEs obtain capital is through the transfer of shares. SOE share transfer arrangements are important in overseeing state capital in SOE companies. This study analyses the urgency of changing the share transfer arrangements in SOEs as state capital participation. This research uses normative research methods. The techniques used by researchers to obtain legal materials are document studies and literature studies. All legal materials successfully found and selected by researchers were inventoried, classified, and analyzed using systematic, grammatical and historical interpretation techniques. The results show that the ratio legis of the transfer of state-owned shares in BUMN as state equity participation in other BUMN in Government Regulation No. 72/2016 is to improve the performance of BUMN to be more efficient, effective, and profitable. The transfer of state-owned shares in SOEs as state equity participation in other SOEs aims to increase the efficiency of SOEs by optimizing existing resources, increase the effectiveness of SOEs by improving the quality of services to the public and increase the profitability of SOEs by increasing revenue and reducing costs.
Co-Authors Aan Eko Widiarto Abdul Wahid Achadiah Rachmawati Agnes Harvelian Agnes Harvelian, Agnes Alamanda, Zazin F. Aristy, Tiara Putri Cassy, Retno W. N Dewi Cahyandari, Dewi Dorra Prisilia Fadli, Moh. Ferdiantoro, Seto Fredy Alpin Gunawan Herlindah Herlindah Hulwanullah, Hikam I Komang Kawi Arta Ilham Dwi Rafiqi Indah Febriani, Indah Intan Meitasari Irfan H. Djunaidi Istislam Istislam, Istislam Jundiani Jundiani Kamal, Muhammad Arif Kurniaty, Rika Kurniawan Sekar Angkoso Margaretha, Fransiska Marianus Marjono Marjono Muchamad Ali Safaat Muhammad Lukman Hakim Muhammad Lukman Hakim Muhammad Lukman Hakim Muhammad Lukman Hakim, Muhammad Lukman Muhammad Rafid Zuhdi Nur Chanifah Nurul Aprianti Paripurna, Mega Yustina Rachmad Safa'at Rafiqi, Ilham Dwi Rahma, Nabila Aulia Rahmatika, Nur Auliya Respati, Riskha Indah Risadde, Fahmi Rosya Safa'at, Rachmad Safa'at, Rachmad Safa’at, Muchamad Ali Safa’at, Rachmad Shinta Hadiyantina Sisca Fajriani Siti Azizah Suhariningsih Suhariningsih Sukarmi Sumarno, Theresia Syafa’at, Rachmad Syafi’i, R. Imam Rahmat Syaharini, Dessyta Miranda Tunggul Ansari Setia Negara Utomo, Medea Rahmadhani Wanto, Alfi Haris Yofita, Emilda