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PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesiaâ€™s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.

STATE LIABILITY FOR VIOLATION OF CONSTITUTIONAL RIGHTS AGAINST INDIGENOUS PEOPLE IN FREEDOM OF RELIGION AND BELIEF Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

The government is perceived as the main perpetrator on violations of freedom of religion and belief in Indonesia. As the state organizer, the government frequently issues discriminatory regulations and policies and tend to cause intolerance to minority religions and beliefs, particularly to indigenous peoples. While freedom of religion or belief is a constitutional rights that cannot be reduced and is guaranteed universally in constitution and laws, the law provides limitation that causes ambiguity in the fulfillment of the rights of religion and belief. In addition, the government mindset still adheres to the term of "official religion" and "non-official religion" in any policy-making, causing adherents of minority religions and beliefs to be considered as cultural heritage to be preserved. This creates injustice, discrimination, intimidation and intolerance in rights fulfillment in state and society life. This paper discusses the existence of the guarantee of freedom of religion and belief for indigenous people and state liability for violations of freedom of religion and belief. This research used normative juridical method with statute approach and conceptual approach.

PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL Aditya, Zaka Firma
Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law

ANALISIS YURIDIS KEDUDUKAN HUKUM LEMBAGA PEMBERI FATWA HALAL DI BEBERAPA NEGARA Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Wacana Hukum Vol 25, No 1 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2019.25.1.3033

AbstractConsuming halal and safe food products is a constitutional right of citizens. This right is realized through guarantee of halal products, the institution authorized to issue fatwa halla on a product is LPPOM MUI. The results showed that LPPOM MUI issued a halal certificate for a product after previously going through a trial process at the MUI Fatwa Commission. Although judicially the position of MUI is not a state institution, the presence of the MUI, especially LPPOM MUI, can answer the needs of the community. Halal certificates from LPPOM MUI can at least provide legal certainty for the community. Abroad, halal certification institutions are government or private institutions that have their own statutory regulations and standards.AbstrakMengkonsumsi produk pangan halal dan aman merupakan hak konstitusional warga negara. Hak tersebut diwujudkan melalui jaminan produk halal, lembaga yang berwenang mengeluarkan fatwa halla atas suau produk adalah LPPOM MUI. Hasil penelitian menunjukkan bahwa LPPOM MUI mengeluarkan sertifikat halal atas suatu produk setelah sebelumnya melalui proses sidang di Komisi Fatwa MUI. Meskipun secara yuridis kedudukan MUI bukan merupakan lembaga negara, namun kehadiran MUI, terutama LPPOM MUI, bisa menjawab kebutuhan masyarakat. Sertifikat halal dari LPPOM MUI setidakya bisa memberikan kepastian hukum bagi masyarakat. Di luar negeri, lembaga sertifikasi halal merupakan lembaga pemerintah atau swasta yang memiliki perundang-undangan dan standar resmi tersendiri.

THE LEGAL PROTECTION AGAINST TERRORISM SUSPECTS IN INDONESIA (CASE STUDY OF THE ARREST PROCESS OF TERRORISM SUSPECTS BY DENSUS 88) Al-Fatih, Sholahuddin; Aditya, Zaka Firma
Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Terrorism is a form of extraordinary crime that not only leads to lives and material losses, but also creates a continuing fear in society. Backed by the many cases of terrorism with suicide bombing mode, especially in the case of Bali Bombing 1 and 2, then born special datachment 88 (Densus 88) which has the obligation to combat terrorism. Unfortunately, in cracking down on the perpetrators of terror, even those still suspected as terrorist suspects, Densus 88 often uses violence and even shoots off on the spot. The late Siyono was one of the victims of repressive measures carried out by Densus 88. In other cases, Densus 88 is also often proven to mis-arrest after the suspect has lost his life. This condition is certainly contrary to the spirit of democracy and efforts to guarantee human rights protection in Indonesia. This paper discusses: (1) the Standard Operational Procedure of terrorist suspected arrest process by Densus 88 and its comparison with anti terrorism agency in other country; and (2) Guarantees and legal protection in the fulfillment of the rights of suspected terrorists.

Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation Winata, Muhammad Reza; Aditya, Zaka Firma
Brawijaya Law Journal Vol 6, No 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.04

Hyper-regulation and disharmonization of regulations is a serious challenge in Indonesia. Ministry of Law and Human Right make a breakthrough stipulates regulation on Regulatory Dispute Resolution through Non-litigation. This mechanism is unique because commonly alternative dispute resolution (ADR) used in civil law however, this instrument exercised in constitutional law. There are two research questions: First, what are the typical characteristics of non-litigation regulatory dispute resolution on Indonesia norm harmonization system; Second, how is the legality of non-litigation regulatory dispute resolution, mainly based on constitutional perspective. Author use statute, conceptual, and historical approach as research methods. The research result found the typical characteristics of non-litigation regulatory dispute resolution that most distinguish from litigation resolution: the resolution institution is Ministry under the executive branch, the final results limited only give a recommendation, and the nature of recommendation not final and binding. Next, the legality of the authority found even though only regulated at the level of Ministerial of Law and Human Rights Regulation. However, in the analysis of constitutional interpretation methods shows clearly this authority is legally based (1) Textual interpretation; (2) Structural interpretation; (3) Prudential interpretation; and (4) Consensus interpretation. Although, by nature, this process limited to resolve the conflict between norms and overregulation because it is voluntary and the result only recommendation, but the important thing is it can open alternative resolution to stimulate the harmonization and streamlining of regulations.

KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENYELESAIKAN PERKARA CONSTITUTIONAL COMPLAINT BERDASARKAN UNDANG-UNDANG DASAR TAHUN 1945 aditya, zaka firma
Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 3 No 1 (2014): Unnes L.J. (April, 2014)
Publisher : Faculty of Law Universitas Negeri Semarang

Diadopsinya mekanisme constitutional complaint dalam sistem peradilan konstitusi adalah bagian dari perlindungan terhadap hak konstitusional warga negara. Tetapi, Mahkamah Konstitusi sebagai lembaga yudikatif yang bertugas mengawal tegaknya konstitusi belum diberikan kewenangan untuk mengadili perkara pengaduan konstitusional..Hasil dari penelitian skripsi ini adalah: secara legal formal, UUD Tahun 1945 tidak memberi peluang untuk MK RI dalam menyelesaikan perkara constitutional complaint tanpa melalui amandemen; MK memiliki prospek untuk menyelesaikan perkara constitutional complaint dimasa mendatang, karena banyak perkara pengujian undang-undang yang masuk ke MK secara substansi merupakan pengaduan konstitusional; Mekanisme constitutional complaint di Indonesia sama seperti mekanisme judicial review, yaitu dari pemohon, objek dan persyaratan. Kesimpulan dari penelitian ini yaitu, MK tidak memiliki peluang menyelesaikan perkara constitutional complaint berdasarkan UUD 1945; MK memiliki prospek mengadili perkara constitutional complaint dimasa mendatang, karena banyak kasus constitutional complaint yang terjadi dimasyarakat tidak dapat diselesaikan sehingga membuat kekosongan hukum; mekanisme constitutional complaint di Indonesia di masa mendatang dapat mengadopsi mekanisme constitutional complaint Federal Jerman, berkaitan dengan legal standing pemohon, objek permohonan dan syarat permohonan.Adoption of the constitutional complaint mechanism in the judicial system is part of the constitutional protection of the constitutional rights of citizens . However , the Constitutional Court as a judicial body in charge of guarding the enforcement of the constitution has not been given the authority to adjudicate constitutional complaints. The results of this research are : a formal legal basis , the Constitution of 1945 did not provide an opportunity to resolve the Constitutional Court in the case of constitutional complaint without amendment ; The Court has the prospect to complete the constitutional complaint case in the future , because many cases testing laws that go into the substance of the Court in a constitutional complaint ; The mechanism of the constitutional complaint in Indonesia the same as the mechanism of judicial review , that is, from the applicant , objects and requirements . The conclusions of this study are , the Court does not have the chance resolve the constitutional complaint case under the 1945 Constitution; The Court has heard the cases of constitutional complaint prospects in the future, because many cases occur in the community constitutional complaint can not be resolved so as to make void the law; the mechanism of the constitutional complaint in Indonesia in the future to adopt the German Federal constitutional complaint mechanism , related to the legal standing of the applicant, the object of the petition and the petition requirements .

Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38148

Judicial corruption practices in Indonesia have been going on for long time. Even, according to the Transparency International survey (2007), the judiciary in Indonesia ranks the highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is a juricial-normative research which is using the statute approach and conceptual approach. From this research, it can be seen that, typically, corrupt practices have been initiated since the registration of the case, the establishment of the judges panel, summoning witnesses and experts, negotiating decisions and costs of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employers in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through a whistleblowing system. In this way, the public can monitor in real-time the trial process starting from registration litigation fees, the process of litigation until post-verification, officials and employers in the judiciary and the judges themselves.

Legal Protection of Indigenous People's Rights Through Strengthening the Licensing Principles Based on Social Sensitivity Aditya, Zaka Firma; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.44671

The issue of human rights in Indonesia towards the 21st century has shifted from violations committed by the government during the new order to the issue of human rights violations by multinational companies (corporate crime), because of natural resources exploitation is directly proportional to the increase in human rights violations. Many cases of human rights violations by business actors that occur in the form of annexation and seizure of indigenous peoples land that occurs every year. One of the causes of the many cases of human rights violations against indigenous peoples is due to the loosening of permits given by the government to companies wishing to exploit natural resources. Strengthening the Permits principle can be used as a strategic step in reducing the number of violations of poverty that occur to indigenous peoples. Permits used as a means of controlling human behavior which results in rights and obligations born of licenses.

Legal Protection of Indigenous People's Rights Through Strengthening the Licensing Principles Based on Social Sensitivity Aditya, Zaka Firma; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.44671

The issue of human rights in Indonesia towards the 21st century has shifted from violations committed by the government during the new order to the issue of human rights violations by multinational companies (corporate crime), because of natural resources exploitation is directly proportional to the increase in human rights violations. Many cases of human rights violations by business actors that occur in the form of annexation and seizure of indigenous peoples land that occurs every year. One of the causes of the many cases of human rights violations against indigenous peoples is due to the loosening of permits given by the government to companies wishing to exploit natural resources. Strengthening the Permits principle can be used as a strategic step in reducing the number of violations of poverty that occur to indigenous peoples. Permits used as a means of controlling human behavior which results in rights and obligations born of licenses.

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