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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Hukum Lex Generalis SENTRI: Jurnal Riset Ilmiah
Rudy Iskandar Ichlas
Universitas Muhammadiyah Kendari
Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Keabsahan Penerbitan Izin Usaha Pertambangan di Kabupaten Konawe Kepulauan Mirdan Mirdan; Rudy Iskandar Ichlas; Nur Nashriany Jufri; Wahyudi Umar
Jurnal Hukum Lex Generalis Vol 5 No 11 (2024): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

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Abstract

This study examines the legality of the IUP issuance process in Konawe Islands Regency, identifies potential administrative and legal violations, and provides recommendations to strengthen regulatory compliance. The research method used is normative juridical with a legal and case study approach. The results show that most IUPs in Konawe Islands Regency are issued without meeting administrative requirements, such as adequate environmental studies and consultations with affected communities. In addition, inconsistencies were found in the licensing process, such as procedural violations by the authorities that caused conflicts of interest and losses to the local community. This shows that there is a gap in the supervision and implementation of regulations.
Kepastian Hukum Sertipikat Hak Atas Tanah di Atas Laut Nita Anggraini; Rudy Iskandar Ichlas; Multi Sri Asnani
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 12 (2025): SENTRI : Jurnal Riset Ilmiah, Desember 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i12.5203

Abstract

This study examines the regulatory challenges arising from the utilization of marine space for the construction of permanent buildings and their implications for the exercise of state authority in Indonesia. The problem emerges from a normative dualism between agrarian law and maritime law. The Basic Agrarian Law confines the regime of land rights and state control to terrestrial areas, while maritime regulations merely regulate the administrative licensing of marine space utilization without recognizing permanent legal rights. This regulatory gap creates legal uncertainty and constrains government institutions from acting consistently with the principle of legality, particularly in determining the legal status of permanent structures built over water, such as the Al-Alam Mosque in Kendari. The research aims to analyze the impact of this normative vacuum on governmental authority in providing legal certainty and to assess the juridical consequences resulting from the absence of a clear legal basis governing permanent buildings in marine areas. A normative juridical method is employed, using statutory analysis and conceptual approaches to examine regulatory hierarchy, coherence between legal regimes, and the scope of administrative authority in managing marine space. The findings reveal that the absence of explicit norms regulating the legal status of marine space for permanent structures prevents government bodies from issuing legally sustainable decisions that ensure long-term protection. The study contributes to legal discourse by clarifying structural weaknesses within the existing regulatory framework and provides practical insights for policymakers by emphasizing the urgency of establishing integrated legal instruments to ensure legal certainty, and institutional coherence.
Analyzing the Presidential Power Constraints and the DPR Power Enhancement in the Indonesian 1945 Constitution: A Critical Approach Saepullah Saepullah; Rudy Iskandar Ichlas; Ahmad Rustan; Nur Nashriani Jufri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3596

Abstract

This study delves into an examination of how the 1945 Constitution establishes multiple constraints on the President's authority while bolstering the influence of the DPR (People's Consultative Assembly). The research aims to comprehensively analyze the scope of powers granted by the 1945 Constitution to both the President and the DPR. Employing a normative research methodology, this investigation reveals that the 1945 Constitution places specific limitations on the President while strengthening the authority of the DPR through various means. Notably, the Constitution imposes term limits solely on the President, not on the DPR. Although the President participates in the legislative process, certain restrictions apply, and certain powers are granted to the President as the head of state, but they necessitate the involvement of the DPR. In contrast, specific rights exclusively pertain to the DPR in support of its duties, without extending these same rights to the President. Such a scenario underscores the imperative of establishing a constitutional balance of power between the executive authority of the President and the legislative authority of the DPR.
Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri Jefri; Ahmad Rustan; Rudy Iskandar Ichlas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
Co-Authors Ahmad Rustan Jefri Jefri jufri, nur nashriany Mirdan Mirdan Multi Sri Asnani Nita Anggraini Nur Nashriany Jufri Saepullah Saepullah Wahyudi Umar