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TIPOLOGI SENGKETA TANAH DAN PILIHAN PENYELESAIANNYA (STUDI PADA KANTOR PERTANAHAN KABUPATEN SEMARANG) Aprila Niravita; Rofi Wahanisa
ADHAPER: Jurnal Hukum Acara Perdata Vol 1, No 2 (2015): Juli-Desember 2015
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v1i2.12

Abstract

Artikel ini berdasarkan inventarisasi kasus pertanahan di Kabupaten Semarang yang relatif cukup banyak. Berdasarkan data yang sudah di inventarisasi pada tahun 2012 terdapat 87 kasus, dan pada tahun 2013 terjadi peningkatan jumlah kasus yakni berjumlah 91 kasus. Upaya penyelesaian kasus pertanahan di Kabupaten Semarang pada umumnya diselesaikan melalui Kantor Pertanahan Kabupaten Semarang, sedangkan secara litigasi pada tingkat pertama di Pengadilan Negeri Ungaran, Pengadilan Agama Ambarawa dan Pengadilan Tata Usaha Negara Semarang; sedangkan pada tingkat banding di Pengadilan Tinggi Semarang. Pilihan penyelesaian lebih banyak dilakukan melalui mediasi. Sedangkan peran seksi sengketa konflik dan perkara pada Kantor Pertanahan Kabupaten Semarang lebih kepada proses penyelesaian kasus pertanahan berpedoman pada Peraturan Kepala Badan Pertanahan Nasional Nomor 3 Tahun 2011 tentang Pengelolaan Pengkajian dan Penanganan Kasus Pertanahan.Kata kunci: tipologi sengketa, penyelesaian sengketa, kasus pertanahan
COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST Rofi Wahanisa; Suhadi Suhadi; Aprila Niravita
Diponegoro Law Review Vol 7, No 1 (2022): Diponegoro Law Review April 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (730.604 KB) | DOI: 10.14710/dilrev.7.1.2022.70-87

Abstract

A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.
Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law Aprila Niravita; Rofi Wahanisa; Suhadi Suhadi; Rahayu Fery Anitasari; Bayangsari Wedhatami
Unnes Law Journal Vol 7 No 2 (2021): Unnes L.J. (October, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.45745

Abstract

Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.
Halal Certification Systems: A Comparison Between Indonesia and Turkey Nurul Fibrianti; Aprila Niravita; Sang Ayu Putu Rahayu; Ratih Damayanti; Ayup Suran Ningsih
Pandecta Research Law Journal Vol 18, No 2 (2023): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i2.48095

Abstract

Ensuring the halal status of a product involves utilizing the services of a halal certification body, offering legal protection and confidence in halal product assurance for Muslim consumers. Indonesia is currently in the process of transitioning the certification authority from the non-governmental organization MUI to the government agency BPJPH under the Ministry of Religious Affairs. The halal certification mechanism through BPJPH closely aligns with the established process carried out by MUI. Similarly, Turkey has established the Halal Accreditation Authority (HAK) to guarantee the legal certainty of halal products, providing accreditation services for halal conformity assessment agencies. This study uses a descriptive method with a comparative approach. Focuses on positive legal nor governing the implementation of halal product between Halal Prodyct Assurance  (JPH) and Halal Accreditation Authority (HAK).  The findings reveal that in order to implement the Halal Product Assurance (JPH) system, the Indonesian government established the Halal Product Assurance Organizing Agency (BPJPH). The establishment of a globally recognized halal certification system and the removal of trade barriers in halal goods and services require the effective execution of responsibilities, as demonstrated by Turkey through the activities of the Halal Accreditation Authority (HAK). Turkey's strategy for ensuring the genuineness of halal products involves the Halal Accreditation Authority, tasked with evaluating, accrediting, and supervising the competence of halal conformity assessment bodies. This procedural framework aligns with both national regulations and international standards, incorporating additional technical regulations specified in the accreditation body's implementation documents.
Development of Integrity Zone Towards Corruption-Free (WBK)/Clean Bureaucracy (WBBM) at Work Unit Law Faculty UNNES Aprila Niravita; Tri Andari Dahlan; Rahayu Fery Anitasari; Andry Setiawan; Ayup Suran Ningsih
Pandecta Research Law Journal Vol 18, No 2 (2023): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i2.48338

Abstract

Regulation of the Minister of State Apparatus Empowerment and Bureaucratic Reform Number 25 of 2020, which underlines the 2020-2024 Bureaucratic Reform Road Map, guides the government's efforts to realize world-class government. The goal of bureaucratic reform is to achieve three main conditions: a clean and accountable bureaucracy, a capable bureaucracy, and optimal public services. The Faculty of Law at Universitas Negeri Semarang(UNNES) is one of the units committed to achieving high standards of integrity. This requires structuring good governance, optimal public services, and high integrity for all human resources at the Faculty of Law. Therefore, this study aims to examine the readiness of the Faculty of Law in building Integrity Zones, especially in achieving Free from Corruption Areas (WBK) and Clean and Serving Bureaucratic Areas (WBBM). This research uses doctrinal or normative research methods with concept and case approaches. Legal materials are collected through the study of documents and presented systematically following legal issues and research problems. Then it is analyzed qualitatively juridically. The results of the study identify strategies used by the Faculty of Law to build Integrity Zones towards WBK and WBBM. In addition, this study also identifies the strengths and weaknesses of the Faculty of Law in achieving these goals. This in-depth understanding of the readiness of the Faculty of Law in bureaucratic reform is expected to guide improving bureaucratic performance and integrity at the faculty level.
Peningkatan Literasi Digital dan Kemanusiaan Melalui Powerpoint sebagai Media Pembelajaran bagi Santri Pondok Pesantren Asshodiqiyah Rasdi; Suran Ningsih, Ayup; Niravita, Aprila; Prabowo, Muchammad Shidqon; Wijayanto, Indung; Fiorentina, Prita; Komariyah, Maulida Nurul
AJAD : Jurnal Pengabdian kepada Masyarakat Vol. 3 No. 3 (2023): DECEMBER 2023
Publisher : Lembaga Mitra Solusi Teknologi Informasi (L-MSTI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59431/ajad.v3i3.214

Abstract

People's lack of understanding of digital media results in misuse which has consequences for personal and social life. Social media is present as part of internet development. Its presence offers easy and new ways of interacting, communicating, and socializing with the support of interesting features. The number of social media users in Indonesia is dominated by teenagers, so the impact is felt by teenagers. Good use can improve achievement, whereas bad use can have negative consequences for children and adolescents. We need to respond to technological developments that are bringing us to the Industrial Revolution 4.0 wisely. This is what makes Digital Literacy very necessary. Self-understanding of digital technology movements requires us to learn more deeply about material related to digital literacy. To be able to use the internet well, everyone, including students, must have good digital literacy. To be able to use the internet well, it is necessary to strengthen the literacy of students. Apart from that, there needs to be protection so that the internet is used only for good, and teachers must direct students to filter negative things from the internet. After learning about Digital Literacy and Humanity, Santri will be given training on how to prepare PowerPoint as a learning medium. Improving skills in preparing learning media based on digital literacy is an important thing for students to develop.
Urban agrarian reform: opportunities and challenges for land rights among low-income communities Suhadi, Suhadi; Niravita, Aprila
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.35842

Abstract

Agrarian reform has typically focused on the redistribution of land in rural areas, specifically targeting farmers and agricultural tracts of land. This study explores the potential for agrarian reform in urban settings and the challenges facing low-income individuals in acquiring land rights essential to adequate housing. Using statutory and theoretical perspectives demonstrates that ample opportunities still exist for urban agrarian reform to take hold via the expropriation of state-owned land and land whose rights have lapsed. Public land that has not been dedicated as a waqf or even recognized as government property and historic land rights where the building rights expired and without any application to extend those rights present empirical reform opportunities. Despite these opportunities, urban land rights remain a contested space. Many poor people live on untitled land because such a thing is considered disputed by public authorities. Conflicts arise from the physical duration of inhabitants' occupation, which is in severe contrast to claims found with entities holding either outdated or inadequate property documentation. The official bodies, particularly the Land Office, are hesitant to issue land certificates due to these conflicts. The uniqueness of this research lies in its focus on urban land reform and its implications for the poor, thus highlighting a gap in existing literature that focuses largely on rural settings. This important research study depends on the emerging need for appropriate and certain housing options in cities. The importance of this study to the discipline is that it fosters the application of national land law principles, namely equity, legal certainty, and practicality, to disputes over urban land, providing a framework for a fairer distribution of land rights.
Identification of Conflict Resolution in Civil Relations between Boarding House Owners and Boarding House Residents (Study at Semarang State University Campus Circle) Ansori, Rio Taufik; Puspitasari, Saniya; Azra, Vira; Putra, Tegar Islami; Niravita, Aprila
The Indonesian Journal of International Clinical Legal Education Vol 5 No 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted Exa
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i3.74127

Abstract

This study aims to investigate conflict resolution between residents and boarding house owners in civil relations near the Semarang State University campus. Utilizing a mixed-methods approach, combining normative juridical research with empirical field data, the research discovered that the majority of conflicts are resolved through non-litigious channels. The legal framework for out-of-court settlements aligns with Law No. 30 of 1999 on Alternative Dispute Resolution. Notably, the civil relationship dynamics around the UNNES campus involve a lease agreement between property owners and tenants, whether formalized in writing or conveyed orally. The study sheds light on the prevalence of non-litigation methods in resolving conflicts, emphasizing the significance of alternative dispute resolution mechanisms. This research contributes valuable insights into the legal aspects of the landlord-tenant relationship, providing a nuanced understanding of the complexities in civil relations within the context of university campus housing.
Halal Certification Imperatives for MSMEs: Navigating Sustainability, Consumer Confidence, and Policy Compliance (Case of Kenteng, Bandungan, Indonesia) Rahayu, Sang Ayu Putu; Niravita, Aprila; Anitasari, Rahayu Fery; Kamal, Ubaidillah
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.72426

Abstract

Micro, Small, and Medium Enterprises (MSMEs) serve as the economic backbone of communities, with their sustainability influenced by various factors, including adherence to business legality. Among the crucial legal aspects, obtaining halal certification stands out as a pivotal requirement. This certification plays a vital role for business entities, aiming to bolster consumer confidence in the products they offer. The research conducted adopts a mixed-methods approach, combining qualitative and quantitative data collection and analysis. Surveys and direct interviews with service partners reveal significant challenges faced by these partners. These challenges encompass a spectrum from comprehending the importance of halal food products and the processes involved in their production to understanding the intricacies of halal certification and the necessary steps to obtain it. In accordance with the Halal Product Assurance regulations, the implementation of halal certification in Indonesia is mandated to expedite. Notably, by no later than October 17, 2024, all products entering, circulating, and trading in Indonesia must be duly halal-certified. This stringent timeline underscores the urgency for businesses to prioritize obtaining halal certification, positioning it as a critical component of their legal obligations. The significance of halal certificates extends beyond mere compliance, serving as a testament to a business's commitment to meeting the ethical and religious considerations of its diverse consumer base. This study also advocates for the important role of halal certification in sustaining MSMEs as the economic backbone of communities. The findings underscore the need for robust policy-making, emphasizing the urgency of halal certification in accordance with Halal Product Assurance regulations in Indonesia. The research aligns with the advocacy for policies that prioritize the timely implementation of halal certification, recognizing it as a critical component for MSMEs to meet legal obligations and enhance consumer trust.
Protection Bilateral Investment Treaty as Treaty of International Discussion Resolution Supporting Indonesia Reform Ningsih, Ayup Suran; Niravita, Aprila; Masyhar, Ali; Suhadi, Suhadi; Bin Hassan, Muhammad Sayuti; Sulistianingsih, Dewi; Shidqon Prabowo, Muchammad; Ramli, Asmarani; Wedhatami, Bayangsari; Maharani, Ferra Tiara; Wardhani, Harumsari Puspa
Susbtantive Justice International Journal of Law Vol 7 No 1 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i1.274

Abstract

The implementation of the Bilateral Investment Treaty in Indonesia with foreign investors must still pay attention to the existence of Indonesian state sovereignty. State sovereignty must be maintained by the host state to maintain the existence of the country in the international world. BIT has the main function as an international legal instrument that is useful in foreign investment activities with reciprocal relations in obtaining benefits between the guarantee of legal protection of the home state of foreign investors and the economic growth of the host state. BIT signatories are theoretically balanced and reciprocal, but they are often detrimental to host states, most of which come from developing countries. This research aims to find out the extent of Indonesia's implementation of BIT and still protect the existence of state sovereignty. The method used in this research uses normative and comparative juridical and this research has an analytical descriptive nature. Normative legal research is obtained by studying the Churchill Mining case approach and collecting data from articles, web, books, and websites and then comparing the implementation of BITs in Indonesia as a developing country and the United States as a developed country and comparing the implementation of BITs in fellow developing countries between Indonesia and Brazil. The first victory achieved by Indonesia against Churchill Mining in the resolution of the international investment dispute at the ICSID forum proved the BIT reform in Indonesia that continues to develop. This study showed that: first, The Bilateral Investment Agreement provides legal protection guarantees for foreign investors and settlement of settlement disputes through ICSID, an international investment settlement arbitration agency between the two countries that signed the BIT so that the BIT is a protection guarantee for investors. Second, Indonesia's victory against Churchill Mining proves that it has reformed the BIT that applies to Indonesia in a balanced manner to provide legal protection (host state) and the existence of state sovereignty (home state).
Co-Authors Adyaksa, Bryan Rois Putra Ali Masyhar Aminah Aminah Anak Agung Gede Sugianthara Andry Setiawan, Andry Anitasari, Rahayu Fery Ansori, Rio Taufik Azra, Vira Bayangsari Wedhatami Bin Hassan, Muhammad Sayuti binti Jamil @ Osman, Zuraini Chairunnisa, Nursyifa Dewi Sulistianingsih Duhita, Elsa Ratna Eka Saputra, Dany Erisandi Arditama Fikri, Muhammad Adymas Haikal Fikri, Muhammad Adymas Hikal Fiorentina, Prita Indung Wijayanto Komariyah, Maulida Nurul Laskarwati, Batari Maharani, Ferra Tiara Mardiana - Masrukhi Masrukhi Maulana, Muhammad Reza Maulida, Tyas Ayu Meidianto, Muhammad Rizki Moh. Aris Munandar, Moh. Aris Muchammad Shidqon Prabowo N, Edwindha Prafitra Nadhif, Faza Fatkhun Naelufar, Rizqan Ningsih, Ayup Suran Ningsih, Dita Cahya Nurul Fibrianti Pancawati, Ria Pratiwi Prastiyo, Devanda PUJI LESTARI Pujiono, Wasis Puspitasari, Saniya Putra, Tegar Islami Putri, Nadiyah Meyliana Qadisah , Altares Ainun Rachmawati, Fairus Augustina Rahayu Fery Anitasari Rahayu, Sang Ayu Putu Ramadhani, Fauziah Ramli, Asmarani Rasdi Ratih Damayanti Ratih Damayanti Ridwan Arifin Robbani, Muhammad Rizqi Rodiyah - Rofi Wahanisa Rofi Wahanisa Rokhmad, Firman Nur Sang Ayu Putu Rahayu Sari, Indah Zunita Shidqon Prabowo, Muchammad Sibuea, Putri Merlin Yoseva Sri Lestari Suhadi - Suhadi Suhadi Syariefudin, Iqbal Syukron Salam, Syukron Tri Andari Dahlan Triandani, Salsabila Tursunov, Berdibek Ubaidillah Kamal Wahyu Putri Handayani Wardhani, Harumsari Puspa Waspiah - Wedhatami, Bayangsari Windiahsari, Windiahsari