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All Journal JURNAL HUKUM Jurnal Hukum Lex Generalis
Farida Nurun Nazah
Universitas Esa Unggul
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Judges Legal Reasoning on Child Welfare’s Perspective in the Hadanah Cases at Banten Religious Courts Farida Nurun Nazah; Muslimin Muslimin
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.36621

Abstract

This research analyzes the interpretation of the children welfare values in the juridical, sociological and philosophical perspective towards the judges legal reasoning in the hadanah cases at Banten Religious Courts. This research is classified as juridical normative research align with the qualitative descriptive data analysis towards the law approach as well as the Religious Courts Decision approach concerning the divorce and custody that had the legal impact for hadanah. The research result indicates that the hadanah cases decided by Judges legal reasoning at Banten Religious Court still tend to utilize the legal positivitistic considerations. Meanwhile, at the sociological level, it refers to the Article 5 of Law No. 48 of 2009 concerning Judicial Power stipulates that judges must explore, follow, and understand the legal values and society living law as as justice senses. The interpretation of this article depends on the custodian of hadanah towards the personality (morality) aspect. These includes moral and health aspects as well as the education and nurturing children opportunities aspects. Meanwhile, from the philosophical level, it is demonstrated by the law exploration derived from the Qur'an, Hadith, and fiqh principles that prioritize the children interests based on Maqasid al-Shariah.
Analisis Yuridis Kelalaian dan Pertanggungjawaban Pidana Kebakaran Hutan di Gunung Bromo Akibat Flare Prewedding: Studi Putusan No. 305/Pid.B/Lh/2023/Pn Krs Farida Nurun Nazah; Karindra Alvian Nugraha; Syifa Ramadani Ramadani; Muhamad Noval Faris Pratama; Nayla Azzahra Khaerunnisa; Talitha Maheswari Ning Atmojo
Jurnal Hukum Lex Generalis Vol 7 No 11 (2026): Tema Hukum Lingkungan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i11.4111

Abstract

This study analyzes the element of negligence (culpa) and criminal liability in a forest fire case at Bromo Tengger Semeru National Park caused by a prewedding flare, based on Decision No. 305/Pid.B/LH/2023/PN Krs. Using normative legal methods with statutory and case approaches, the findings prove culpa through flare use in a dry savanna without risk mitigation, with a clear causal link. Criminal liability rests on fulfilled offense elements, culpa lata, culpability and no grounds for excuse. This decision affirms criminal sanctions for negligence causing ecological damage. It is recommended that judges explicitly distinguish negligence qualifications in their considerations to strengthen legal certainty.
Tinjauan Yuridis Tata Ruang dan Lingkungan pada Proyek Reklamasi PIK 2 Berdasarkan PP 21 dan Pp 22/2021 Farida Nurun Nazah; Naya Indah Sahqia; Alisya Putri Santoso; Nova Reana Wahida; Suryajaya Hakim; Asyifa Nayla Jingga
Jurnal Hukum Lex Generalis Vol 7 No 11 (2026): Tema Hukum Lingkungan
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i11.4080

Abstract

The coastal reclamation project in the Pantai Indah Kapuk 2 (PIK 2) area has attracted attention from an environmental law perspective due to its potential implications for the alignment of coastal development, spatial planning and environmental protection. This study aims to analyze the conformity of the PIK 2 reclamation project with environmental damage prevention and control instruments as regulated under Government Regulation Number 22 of 2021, as well as its relationship with the principle of spatial planning conformity stipulated in Government Regulation Number 21 of 2021. This research employs a normative juridical method using statutory, conceptual and analytical approaches through the examination of laws and regulations, legal literature and other relevant documents. The findings indicate the presence of potential inconsistencies in the implementation of the Environmental Impact Assessment (AMDAL) and the assessment of Environmental Carrying Capacity (DDLH), as well as possible misalignments between environmental protection objectives and the utilization of coastal areas. Furthermore, environmental monitoring and enforcement mechanisms continue to face various challenges that require further verification and assessment to determine their effectiveness in supporting environmental protection. The study highlights the importance of strengthening the integration of spatial planning and environmental management instruments, enhancing transparency in environmental governance and optimizing monitoring mechanisms to support sustainable and ecologically just coastal management.
Co-Authors Alisya Putri Santoso Asyifa Nayla Jingga Karindra Alvian Nugraha Muhamad Noval Faris Pratama Muslimin Muslimin Naya Indah Sahqia Nayla Azzahra Khaerunnisa Nova Reana Wahida Suryajaya Hakim Syifa Ramadani Ramadani Talitha Maheswari Ning Atmojo