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All Journal Jurnal Dinamika Hukum SALAM: Jurnal Sosial dan Budaya Syar-i Kosmik Hukum Authentica : Privat Law Journal AKM: Aksi Kepada Masyarakat Indonesia Law Review (ILREV) Jurnal Bisnis dan Manajemen (JURBISMAN) I-PHILANTHROPY: A Research Journal on Management of Zakat and Waqf Journal of Law, Environmental and Justice
Bha’iq Roza Rakhmatullah
Fakultas Hukum Universitas Pancasakti Tegal
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Filing a Lawsuit for Damages in Enforcing the Civil Aspects of Business Competition Sanusi Sanusi; Bha’iq Roza Rakhmatullah
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3428

Abstract

In the life of society, the law has a main objective, which is to regulate the life of society and the state in all its activities. Various community activities include social, political, and cultural activities. It is hoped that the activities carried out by the community, especially in trade, will not exceed the limits of the provisions implied in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this study is to analyze the business competition system in Indonesia against a business actor who is disadvantaged as a result of unfair business competition practices, whether he can file a claim for rights or a lawsuit in the form of payment of compensation through civil law enforcement procedures without first reporting in writing the occurrence of the practice to Commission for the Supervision of Business Competition (KPPU). This type of research uses library materials as secondary data and laws and regulations as a system of norms that must be obeyed and by usingan approach philosophical. Business actors who have been harmed based on Article 1365 of the Civil Code as the basis for the right to tort or Article 1239 of the Civil Code as the basis for the right to default can file a lawsuit directly to the District Court without first reporting in writing to the Business Competition Supervisory Commission (KPPU). KPPU as an institution responsible for implementing business competition law enforcement is a complementary state institution (state auxiliary organ) regardless of government influence. In practice, KPPU is an institutionas if judicial because the KPPU has the same authority as the judiciary, one of which is the authority to issue decisions and decisions.Keywords: Lawsuits, Compensation, Unfair Business Competition 
Legal Challenges and Policy Solutions in the Development of Village-Owned Enterprises Taufik, Moh; Rakhmatullah, Bha'iq Roza
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.17412

Abstract

Regulation of Tegal Regency No. 2/2018 on Village-Owned Enterprises serves as a regional policy aimed at optimizing village resource potential. This regulation is expected to provide a solution for village development, particularly in Tegal Regency, which possesses significant untapped potential. However, the development of Village-Owned Enterprises often faces challenges due to a lack of stakeholder involvement in policy implementation. Proper execution of this regulation could yield substantial benefits for the community, villages, and the region as a whole. This study employs a normative juridical approach to examine legal issues and policies related to Village-Owned Enterprises. The research aims to analyze the implementation of Tegal Regency Regulation No. 2/2018 and identify solutions to the challenges encountered in its application. Utilizing qualitative data analysis with a descriptive normative juridical method, this study explores the role of various stakeholders in policy implementation. The local government collaborates with the private sector, particularly entrepreneurs, to provide input and motivation for Village-Owned Enterprise development. The findings of this research highlight the importance of evaluating and refining regional policies to enhance their effectiveness. Future studies are encouraged to assess and improve the implementation of Village-Owned Enterprise policies in Tegal Regency, ensuring their optimal contribution to economic development at the community, village, and regional levels.
Empowering the Tri Hita Karana Paradigm for the Community: As an Effort to Prevent and Combat Environmental Crime Saefudin, Yusuf; Rakhmatullah, Bha'iq Roza; Mohd Hassan, Fareed; Ma'ruf, Ma'ruf; Kurnianingsih, I Desak Ketut Dewi Satiawati
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.166

Abstract

This article explores the integration of Tri Hita Karana, a Balinese philosophical framework emphasizing harmony among humans, nature, and the divine, as a paradigm of community empowerment in addressing environmental crimes. Environmental crimes, such as illegal logging, pollution, and land degradation, not only threaten ecological sustainability but also undermine social justice and cultural values. Conventional law enforcement often encounters limitations in ensuring compliance and fostering ecological justice, especially when community participation is weak. This study argues that Tri Hita Karana can function as a cultural-legal tool to strengthen collective awareness, enhance preventive measures, and support restorative approaches in environmental law enforcement. By adopting normative legal research and conceptual analysis, the article highlights how the principles of Tri Hita Karana can be integrated into legal frameworks and community-based practices, thereby reinforcing environmental governance. Ultimately, the integration of Tri Hita Karana promotes ecological justice by balancing punitive measures with values of harmony, sustainability, and community empowerment. The findings indicate that incorporating Tri Hita Karana values into environmental law enforcement enhances community participation, encourages environmentally responsible behavior, and provides a restorative dimension to legal practices. This integration not only contributes to more effective prevention and mitigation of environmental crimes but also reinforces the pursuit of ecological justice
Opportunities and Challenges of Land Sale and Purchase Agreement Transactions in the Digital Era in Indonesia Sanusi, Sanusi; Rakhmatullah, Bha’iq Roza; Pratama, Erwin Aditya; ARYANI, FAJAR DIAN; Wildan, Muhammad
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

In this digital era, technology has changed many aspects of life. Land purchase agreements in Indonesia, which were previously carried out conventionally, have begun to shift to digital platforms. Digitalization in land purchase agreements offers various opportunities, but this process also has a number of challenges that need to be overcome to ensure that land purchase transactions can be carried out efficiently and safely, providing legal protection to buyers. The formulation of the problem in this study is how the challenges and opportunities of land purchase agreement transactions in the digital era in Indonesia and how legal protection is provided for buyers in digital land purchase transactions in Indonesia. This type of research is library research. Library research is research conducted using references in the form of books, journals, newspapers, magazines or reports of previous research results. Data collection techniques use secondary data, either using primary materials, secondary materials or tertiary materials. Data analysis in this study uses interactive analysis. The results of the study show that the opportunities with the presence of digitalization in land purchase agreement transactions in Indonesia can provide acceleration in accessing information about land, such as location, price, and legal status by prospective sellers and buyers. Transactions can be carried out without having to meet in person. Another opportunity from digitalization in land sale and purchase agreement transactions is the ease of recording and archiving documents. This digitalization also opens up opportunities for the government to eradicate corruption and extortion practices that still often occur in conventional land sale and purchase processes. One of the main challenges faced by buyers is fraud. In digital transactions, fraud can occur through various modes of operation, such as the sale of land with unclear ownership, falsification of documents, or presentation of inaccurate information. Legal protection must be provided to buyers in digital land sale and purchase agreements. The application of digital technology in land sale and purchase agreements must use a blockchain system and e-signatures to verify land ownership. This is done to overcome the problems of duplication and forgery, as well as to increase security and transparency.
Co-Authors Achmad Irwan Hamzani Aryani, Fajar Dian Erwin Aditya Pratama Erwin Aditya Pratama I Desak Ketut Dewi Satiawati Indriasari, Evy Jourdani Bima Geofani Ma'ruf, Ma'ruf Moh Taufik Mohd Hassan, Fareed Muhamad Fahmi Muhammad Wildan Saefudin, Yusuf Sanusi Sanusi Sanusi Sanusi Selviany Selviany Soesi Idayanti Taufik, Moh Zamzam Muhammad Fuad