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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.
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 : Divisi Riset, 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).
Legal Aspects in Controlling Space Utilization of the Karangsambung Geological Nature Reserve Area, Kebumen Regency: Aspek Hukum dalam Pengendalian Pemanfaatan Ruang Kawasan Cagar Alam Geologi Karangsambung Kabupaten Kebumen Pujiono, Wasis; Niravita, Aprila
Annual Review of Legal Studies Vol. 1 No. 1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jc6p9445

Abstract

The Karangsambung Geological Nature Reserve Area is an area established by Regional Regulation Number 23 of 2012 concerning the Regional Spatial Plan of Kebumen Regency as a geological protected area that needs to maintain physical and rocky existence and the ecosystem above it for the purposes of education, tourism, and environmental conservation. The problems studied are (1) How is the protection of the Geological Protected Area in the Karangsambung Geological Nature Reserve Area? (2) How is the control of space utilization in the Geological Protected Area in the Karangsambung Geological Nature Reserve Area? This research uses qualitative research methods with an empirical juridical approach. Data sources are primary data and secondary data. Primary data were obtained from the Public Works and Spatial Planning Office of Kebumen Regency, Kebumen Regency Environmental Office, BRIN Karangsambung Geodiversity, and Karangsambung Geopark with interview techniques. Secondary data is obtained from library sources. The results and discussion of this research are (1) Protection of geological protected areas in the Karangsambung Geological Reserve Area through maintaining the integrity of existing geological sites with security from exploitation activities, as well as supporting efforts so that existing rock sites remain sustainable by maintaining drainage, making terracing, reforesting and also carried out disaster mitigation to reduce the impact of disasters. (2) In geological protected areas in the Karangsambung Geological Nature Reserve Area controlling spatial use through several efforts, namely zoning, licensing, incentives and disincentives, and sanctions. The utilization of existing space is going well in terms of education and tourism, but the carrying capacity of the environment for education, tourism, and environmental conservation is not going well because there are still activities that change the geological form in the form of mining in the Karangsambung Geological Nature Reserve Area.
Penerapan Asas Kontradiktur Delimitasi pada Program PTSL di Kota Semarang Rachmawati, Fairus Augustina; Niravita, Aprila; Aminah, Aminah
Notarius Vol 17, No 3 (2024): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v17i3.52232

Abstract

ABSTRACTIn this study will examine the application of the Delimitation Contradictory Principle in the PTSL program and the factors that influence the application of the the Delimitation Contradictory Principle in the PTSL program. The research methods used empirical juridical research with a qualitative research approach. This research is located in Sampangan and Bendan Duwur Villages. The research results in the implementation of the Delimitation Contradictory Principle in the PTSL program in Sampangan and Bendan Duwur Villages, Semarang City have not been fully implemented in accordance with PP No. 24 of 1997, there are several obstacles that occur in its implementation such as the owner does not maintain the land and the absence of the owner or the bordering party at the time of measurement.Keywords: Implementation; Contradictoire Delimitatie; Land Registration. ABSTRAKPenelitian ini meneliti terkait  penerapan Asas Kontradiktur Delimitasi pada program PTSL dan  faktor yang mempengaruhi penerapan Asas Kontradiktur Delimitasi pada program PTSL. Metode penelitian yang digunakan yakni menggunakan penelitian yuridis empiris dengan pendekatan penelitian kualitatif. Penelitian ini berlokasi di Kelurahan Sampangan dan Bendan Duwur dimana menjadi tempat pelaksanaan Program PTSL di Kota Semarang. Hasil penelitian yakni penerapan Asas Kontradiktur Delimitasi pada program PTSL di Kelurahan Sampangan dan Bendan Duwur Kota Semarang belum sepenuhnya terlaksana sesuai dengan PP Nomor 24 Tahun 1997. Masih terdapat beberapa kendala dan hambatan yang terjadi pada pelaksanaannya seperti tidak diketahuinya  pemilik tanah atau pihak yang berbatasan (no name) ketika akan diukur, pemilik yang tidak memelihara dan memperhatikan tanah kepemilikannya serta tidak hadirnya pemilik atau pihak yang berbatasan pada saat pengukuran.Kata Kunci: Penerapan; Kontradiktur Delimitasi; Pendaftaran Tanah
Co-Authors Adi Nugroho Adyaksa, Bryan Rois Putra Ali Masyhar Ali Masyhar Mursyid Alimuddin, Subhan Fikri Aminah Aminah Anak Agung Gede Sugianthara Andry Setiawan, Andry Anitasari, Rahayu Fery Ansori, Rio Taufik Aurelia, Sylvania Okta Azra, Vira Bayangsari Wedhatami Bin Hassan, Muhammad Sayuti binti Jamil @ Osman, Zuraini Busroh, Firman Freaddy Chairunnisa, Nursyifa Chhachhar, Varun Dewi Sulistianingsih Dian Latifiani Duhita, Elsa Ratna Eka Saputra, Dany Erisandi Arditama Febriani, Diyah Anggun Fikri, Muhammad Adymas Haikal Fikri, Muhammad Adymas Hikal Fiorentina, Prita Gunawan, Naufal Hanum, Holy Latifah Harry Nugroho, Harry Hasnah, Ainaya Trifadia Herawati, Sukma Hikal Fikri, Muhammad Adymas Indah Sri Utari Indriyani, Widia Indung Wijayanto Irawaty Khairo, Fatria Komariyah, Maulida Nurul Laskarwati, Batari Listyani, Alvi Septia Maharani, Ferra Tiara Mardiana - Masrukhi Masrukhi Maulana, Muhammad Reza Maulida, Tyas Ayu Meidianto, Muhammad Rizki Moh. Aris Munandar, Moh. Aris Muchammad Shidqon Prabowo Muhammad Azzam Muhammad Haidar Ghoni N, Edwindha Prafitra Nadhif, Faza Fatkhun Naelufar, Rizqan Nastiar, Rizaldi Gym Ningsih, Ayup Suran Ningsih, Dita Cahya Novita, Yustina Dhian Nunna, Bhanu Prakash Nuraini, Rina Waliya Nurul Fibrianti Pancawati, Ria Pratiwi Prastiyo, Devanda Prayogo, Bagus Edi 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 Rasdi Rasdi, Rasdi Ratih Damayanti Ratih Damayanti Ridwan Arifin Robbani, Muhammad Rizqi Rodiyah - Rofi Wahanisa Rofi Wahanisa Rokhmad, Firman Nur Saman, Mohamad Sang Ayu Putu Rahayu Sankrit, Swikar Saputri, Syaefwanda Agita Sari, Indah Zunita Shidqon Prabowo, Muchammad Sibuea, Putri Merlin Yoseva Sri Lestari Sugiyono, Tri Suhadi - Suhadi Suhadi Syariefudin, Iqbal Syukron Salam, Syukron Tampubolon, Timothy Usiando Tri Andari Dahlan Triandani, Salsabila Tursunov, Berdibek Ubaidillah Kamal Verma, Karishma Wahyu Putri Handayani Wardhani, Harumsari Puspa Waspiah - Wedhatami, Bayangsari Widianti, Resti Dwi Windiahsari, Windiahsari Youssef, Fatma