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All Journal Badamai Law Journal Unes Law Review Jurnal Kolaboratif Sains Collegium Studiosum Journal AHKAM : Jurnal Hukum Islam dan Humaniora Vyavahara Duta International Journal of Sociology and Law
Rahmida Erliyani
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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REGULASI TATA RUANG DAN HAK LINGKUNGAN: STUDI KEBIJAKAN PENGENDALIAN PERUBAHAN LAHAN DI BALI Ni Wayan Eka Sumartini; Rahmida Erliyani; Erlina
VYAVAHARA DUTA Vol 21 No 1 (2026): Vyavahara Duta
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v21i1.6039

Abstract

Land conversion in Bali has become increasingly intensive in line with the rapid development of the tourism sector and the increasing need for organizational space and supporting infrastructure. Land conversion, particularly from agricultural land and protected areas to built-up areas, has given rise to various environmental, socio-cultural, and spatial use conflicts at the local level. This situation has resulted in a decline in the environmental carrying capacity and carrying capacity, and has direct implications for the granting of the community's constitutional right to a healthy and good environment. This article aims to analyze Bali's spatial planning regulations for controlling land conversion to ensure environmental sustainability and examine the protection of the right to a healthy and good environment within these regulations. This research is a juridical-normative study through an examination of spatial planning laws and regulations. The results indicate that, normatively, the spatial planning regulatory framework in Bali accommodates the principles of sustainable development and recognizes local wisdom. Guarantees for a healthy and good environment are also enshrined in Bali's spatial planning regulations.
Implikasi Yuridis terhadap Hak Keperdataan Anak yang Dilahirkan melalui Surrogate Mother (Ibu Pengganti) Syifa Urradhiah; Rahmida Erliyani
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11016

Abstract

Although the practice of surrogate mother has received attention in various previous studies, research that specifically discusses the juridical implications for children’s civil rights and the limits of notarial authority in preparing deeds related to this practice remains limited. This study aims to analyze the construction of the legal relationship between children born through surrogate mother and the surrogate mother under the Indonesian legal system and to analyze the limits of notarial authority in preparing deeds related to the civil rights of children born through surrogate mother. This study used a qualitative approach with a doctrinal research design through primary and secondary legal materials collected through library research. Data were analyzed normatively and qualitatively using legal interpretation methods and analogical argumentation (argumentum per analogiam). The results showed that children born through surrogate mother have a legal relationship with the surrogate mother who gives birth to them based on an analogical construction of Article 43 paragraph (1) of the Marriage Law, reinforced by the principle of mater semper certa est and the theory of legal relationships. A surrogate mother agreement is declared null and void by law because it does not meet the objective requirements of Article 1320 of the Indonesian Civil Code, so all civil rights of the child are attached to the surrogate mother. The limits of notarial authority are determined by the existence or absence of a legal relationship recognized under Indonesian positive law. The conclusion of this study affirms the importance of legal certainty for children born through surrogate mother and the need for specific regulation of this practice. The implications of this study include theoretical contributions to the development of civil law and notarial law literature, as well as practical implications for notaries in applying the principle of prudence and refusing to prepare deeds intended to unlawfully transfer a child’s civil relationship.
Enhancing the Role of Public Prosecutors in Maintaining Legal Certainty Sajimin Sajimin; Anang Shophan Tornado; Rahmida Erliyani; Elman Azizov
International Journal of Sociology and Law Vol. 2 No. 4 (2025): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i4.844

Abstract

Legal certainty (rechtssicherheit) is a fundamental pillar of the Rule of Law, ensuring that legal provisions are clear, consistent, and predictable. In the Indonesian criminal justice system, the Public Prosecutor holds a central position as the Dominus Litis (the master of the suit), possessing the exclusive authority to determine which cases proceed to court. However, the current implementation of prosecutorial authority often leans towards rigid legal positivism, creating a paradox where procedural certainty is achieved at the expense of substantive justice. Disparities in prosecution demands for similar crimes often lead to public distrust and legal uncertainty for justice seekers. Furthermore, prosecutors often lack the cognitive flexibility to handle complex cases that require discretionary wisdom. This study aims to analyze the challenges in maintaining legal certainty and proposes a strategy to enhance the prosecutor's role through the integration of Restorative Justice and a reform in prosecutorial competency. The research employs a normative juridical method with statutory and conceptual approaches, analyzing Attorney General Regulation No. 15 of 2020. The study finds that enhancing legal certainty requires shifting the paradigm from "mechanical prosecution" to "discretionary prosecution" based on conscience. To achieve this, prosecutors must be equipped with high-level cognitive skills specifically "Creative Thinking" to interpret "certainty" not just as textual compliance, but as the consistent application of fairness.
Co-Authors Ali Imron ANANG SHOPHAN TORNADO Daru Trimustiko Sakti deni nofrizal Elman Azizov ERLINA Giovandre Diputra, Muhammad Dimas Irsa Setiawan Husaini Khairani Khairani M. Hasanul Arifin Mohamad Ali Syaifudin Muhammad Efendy Mulyani Zulaeha Ni Wayan Eka Sumartini Norhidayah Sajimin Sajimin Suhendar Suhendar, Suhendar Suprapto Suprapto Syifa Urradhiah