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DEMOCRATIZATION OF NATURAL OIL AND GAS NATURAL RESOURCES MANAGEMENT FOR PEOPLE'S WELFARE Rumadan, Ismail
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Oil and Gas is one of the natural resources (non-renewable) strategic nonrenewable controlled by the state and a vital commodity that dominate the lives of many people and has an important role in the national economy must be managed optimally provide prosperity and welfare for the people. However, the fact is that oil and gas management has not provided maximum benefit for the welfare of the community's life, due to the management of oil and gas resources which only emphasizes the dredging elementwithout accompanied by protection of community rights as well as countermeasures against the negative impacts of oil and gas activities for the surrounding community. The thing that must be done is to restore the people's sovereignty over oil and gas natural resources by rearranging the management of oil and natural gas by giving more portions to State-Owned Enterprises to manage oil and gas natural resources for the welfare of the people.

The Urgency of Using al-Milk an-Naqiṣ in Geographical Indications: An Ideal Preservation for Intellectual Property in Indonesia Saputro, Triyono Adi; Rumadan, Ismail; Suwadi, Pujiyono; Latifah, Emmy; Syaiful, Muhammad
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.12227

This study aimed at explaining the ideal preservation of intellectual property inventions so that geographical indications (GI) products can increase and be highly competitive in the global market. The existence of GI play a vital role in supporting business competition at the national and international trade levels. GI not only provide protection for intellectual property inventions, but also provide legal guarantees of official legality from the government. This study used a conceptual and comparative approach supported by primary legal materials consisting of GI laws combined with texts and fiqh. The research results shows that al-milk an-naqiṣ’s efforts with the al-ibahah type will be an ideal model for preserving GI for intellectual property inventions in Indonesia in the future. This is because al-milk an-naqiṣ, which is varied and implemented in the community, is able to strengthen GI inventions, can last longer, and without any contracts. In addition, there are advantages to be gained by using al-milk an-naqiṣ, such as having different ownership models, no time limit for transferring ownership, and the ability to increase the welfare of the community. For this reason, it is necessary to spread the importance of preserving the al-milk an-naqiṣ model in order to form a legal culture and provide legal protection for intellectual property inventions based on GI so that they will last longer in the market in the future. In addition, this is useful to support the increase of regional per capita income and help reduce unemployment through the implementation of al-milk an-naqiṣ GI products as an ideal solution for the long-term preservation of intellectual property inventions.

MEMBANGUN HUBUNGAN HARMONIS DALAM PELAKSANAAN FUNGSI PENGAWASAN HAKIM OLEH MAHKAMAH AGUNG DAN KOMISI YUDISIAL DALAM RANGKA MENEGAKKAN KEHORMATAN, KELUHURAN DAN MARTABAT HAKIM Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 5 No 2 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.2.2016.209-226

The existence of Judicial Commission, a state institution function as an external control for ethic code and judges code of conduct, often collide with an internal control function which carried out by Supreme Court. Both institutions were overlapping so that many energy been wasted for handling the problem raised. Both parties have to realize each position and area. They have to coordinate to do controlling function harmoniously in judicial technical context for honor, dignity and judges behavior.Keywords : Supreme Court, Judicial Commission, control function

PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System) Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 3 No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.243-252

Efforts to support the creation of an independent judiciary as a constitutional mandate in itsÂ development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement

PENAFSIRAN HAKIM TERHADAP KETENTUAN PIDANA MINIMUM KHUSUS DALAM UNDANG-UNDANG TINDAK PIDANA KORUPSI Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 2 No 3 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.379-404

The spirit of the rule of law against corruption which is considered as an extraordinary crime that resulted in the occurrence of social inequality , the economy , the loss of faith in government and a variety of other problems that led to the birth of Law No. 31 of 1999 in conjunction with the Law No. 20 Year 2001 About Follow Corruption. The interesting thing about the formation of the Anti- Corruption Act is a criminal provision in the formulation of minimum deliknya against perpetrators of corruption . It is certainly different from the general criminal provisions in the draft Criminal Law (Penal Code) which is more familiar maximum penal provision . The results showed that the minimum pinadana special provisions in the law of corruption can be breached so long as the judge has the legal resening or residenti proper ratio to a corruption case by looking at the size scale of the corruption case with consideration and interpretation of the patterns perspective, social - justice, moral justice and community justice decision was taken to drop the minimum punishment. Criminal punishment under the criminal provisions of the special minimum in some court decisions can be made by several criteria into consideration the provisions of the criminal judges deviate minimum, the criteria of the element of state assets or state economy as a result of the acts of corruption tiundak and criteria of the role and position of the defendant in acts of corruption. Keywords: Interpretation of judges , a special minimum criminal , corruption

PROBLEM LEMBAGA PEMASYARAKATAN DI INDONESIA DAN REORIENTASI TUJUAN PEMIDANAAN Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 2 No 2 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.2.2013.263-276

Many criminal problems that occurred in the prison showed that noble goal penitentiary establishment initiated by Sahardjo since its inception as a coaching institute, ethics and honor. That the person who lost had to give him stock diayomi live as good citizens and useful in society to be a difficult thing to achieve. This condition inspires us to re-review the (re-orientation) models that are used in a criminal prosecution of criminal law enforcement. Criminal law enforcement orientation semistinya not end at the prison in the form of criminal sanctions against the defendant, but the imposition of sanctions in the form of social sanction against the defendant with the crime scale reactive light need to be prioritized or preferably through a restorative justice approach. Keywords: Criminal Justice, the purpose of punishment, restorative justice.

PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 1 No 3 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.3.2012.435-462

The existence of the Administrative Court in the judicial system in Indonesia as a manifestation of the commitment of the state to provide legal protection of individual rights and the rights of the general public so as to achieve harmony, harmony, balance, and dynamic and harmonizing the relationship between citizens and the State. But the execution of the decision of the Administrative Court which have permanent legal force by the State Administration officials are not fully effective, although the mechanisms and the stages of execution has been carried out. Factors causing poor execution of the decision of the Administrative Court, among others; absence of rule of law that forced the officials to implement the State Administrative Court's decision: the commandment of the judge's decision that dare not include the forced payment of a sum of money when the state administration officials concerned did not implement the decision of the Court; factor and compliance officials in carrying out the State Administrative Court decision. Keywords: Execution, Judgment of the Court.

EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 1 No 1 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.1.2012.35-62

The existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice.

PERKELAHIAN ANTAR DESA DI KABUPATEN SERAM BAGIAN TIMUR (KAJIAN PSIKOLOGI HUKUM PIDANA) Rumadan, Ismail; Muher, Abdul; Rumadan, Salmiwati
TAHKIM Vol. 19 No. 1 (2023): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v19i1.5396

The fights that took place in East Seram District generally started with personal issues and then involved the village community, and the consolidation of power started with the younger generation. The factor that prompted the fight to occur came from a historical background with the motto of defending the identity of the country and self-identity. In addition there are other factors such as grudges, herd loyalty, group cohesiveness and others. The fights arose due to the strong psychological influence of the community, so that from a legal perspective, the fights were unlawful acts, from the psychological aspect of criminal law, fighting was a wrong act according to criminal law. Because fighting sacrifices people's property and abuses other people. and for the perpetrators of the fight must be legally processed.Keywords: fighting, between villages, legal psychology

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