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Management of Natural Resources Based on Local Wisdom by Traditional Law Communities Triono Eddy
International Journal of Educational Research & Social Sciences Vol. 2 No. 6 (2021): December 2021
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v2i6.190

Abstract

Natural resources are gifts and mandates given by Allah SWT to the Indonesian people as priceless wealth. The availability of natural resources, both biological and non-biological, is very limited. Therefore, these natural resources must be managed wisely so that they can be used in an efficient, effective and sustainable manner for the greatest prosperity of the people and can even continue to be enjoyed and felt by the present generation and for generations to come. This research was conducted with a normative research method. Normative research is a scientific research procedure to find the truth based on scientific logic from the normative side. Recognition and respect for customary law communities and traditional communities can be realized in the form of protection and empowerment in accordance with their characteristics. This can be seen in the still scattered and scattered regulations regarding indigenous peoples in natural resource management which are sectoral in nature so that they have not accommodated the legal needs of indigenous peoples.
Constitutional and Jurisdictional Review of Natural Resource Eddy, Triono
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.251

Abstract

The constitution mandates that natural resources should be used as much as possible to improve the welfare and prosperity of the people, but in practice they are over-exploited and their utilization is controlled in part by national and foreign investors/investors for business purposes. This research was conducted to determine the constitutional basis and juridical basis of natural resource management. This research is a normative research. The type of normative legal research is a series of activities carried out with the aim of getting a reference to a problem taken by using legal materials as an indicator. The constitutional basis for managing the environment and natural resources of Indonesia is the Preamble to Paragraph IV of the 1945 Constitution of the Republic of Indonesia.
Improvement Of Clean Field With The Implementation Of Medan City Regional Regulation No. 3 Of 2014 Regarding A No-Smoke Area In Medan City Eddy, Triono
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.282

Abstract

Currently, cigarettes are one of the products with a relatively high level of consumption in the community. The problem of smoking is also still a national problem and efforts to overcome it are prioritized because it involves various aspects of problems in life, namely economic, social and political aspects and especially health aspects. Data on the tobacco epidemic in the world according to the World Health Organization (WHO) shows that 1 death due to tobacco worldwide occurs every 6 seconds. Deaths due to tobacco in 2005 were recorded at 5.4 million people and during the 20th century, there were 100 million deaths due to tobacco. If this is allowed, there will be 8 million deaths in 2030 and it is estimated that 1 billion people will die from tobacco during the 21st century. By 2030, It is projected that 80% of tobacco-related deaths occur in developing countries. Medan City Government stipulates Medan City Regional Regulation No. 3 of 2014 concerning Smoking-Free Areas to support the creation of a smoke-free environment so that the City of Medan can be protected from the negative impacts of smoking. Therefore, this research focuses on the process of implementing the Medan City Regulation No. 3 of 2014 concerning Non-Smoking Areas in Medan City in several places by Article 7 to Article 15 of Medan City Regulation No. 3 of 2015. The aim is to see to what extent the Medan City Regulation No. 3 of 2014 concerning Non-Smoking Areas is implemented by the community, government, and law enforcement. The locations that were targeted as well as research locations were 3 schools in Medan, Amplas Terminal, Medan Mayor's Office, and Medan City DPRD. The research method used is descriptive qualitative by collecting primary and secondary data through interviews, direct observation, and recording documents. The data that has been obtained is then analyzed descriptively qualitatively.
Strengthening The Right To Freedom Of Opinion On The Fundamental And Constitutional Rights Of Social Media Users Based On Collaboration Of The 1945 Constitution And The Uu Ite In Indonesia Eddy, Triono; Medaline, Onny
International Journal of Educational Research & Social Sciences Vol. 3 No. 5 (2022): October 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i5.502

Abstract

Freedom of thought and expression is regulated in the fourth amendment to the 1945 Constitution Article 28 E paragraph (3) Everyone has the right to freedom of association, assembly, and expression. Freedom of expression, including freedom of opinion, is one of the most basic rights in the life of the state. At this time there has been a new law known as cyber law as the equivalent of cyber law, namely a law relating to the use of information technology called Cyber Law and Mayantara Law which is summarized in a statutory regulation, namely Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The problem of this research is the extent to which the clarity of the regulation of opinion contained in the legislation and then how the legal protection is applied to social media users in terms of expressing their opinions. This research approach is a descriptive normative juridical law research. This study uses materials that are in accordance with the research conducted which is the result of library research, from library research secondary data is collected which includes primary legal materials, secondary legal materials, and tertiary legal materials. The analytical tool used is SWOT. This study aims to examine the right to freedom of expression for social media users in relation to the laws and regulations, namely the 1945 Constitution, the UU ITE, and several cases of violations of the laws and regulations that have occurred and are currently occurring in the community.
IMPLEMENTATION OF GOOD GOVERNANCE IN THE PROCUREMENT OF GOODS AND SERVICES TO ANTICIPATE STATE FINANCIAL LOSSES Pandi Harahap, Ahmad Ari; Triono Eddy; Ida Hanifah
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.v23i2.4261

Abstract

Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.
JURIDICAL ANALYSIS OF BORDER AREA LAND REGISTRATION AND CONSOLIDATION FROM AN ECOSYSTEM PERSPECTIVE THE ERA OF FIVE POINT ZERO DESTRUCTION Ginting, Lilawati; Eddy, Triono
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.v23i2.4665

Abstract

Land Registration and Consolidation is a policy in the agrarian and land sector which in a constitutionalist approach is an obligation of the Government in all dimensions of Government management and administration, public services, and all aspects and dimensions of the National life system. Therefore, the author is determined to present the central theme in this journal, namely with the title "Judicial Analysis of Border Area Land Registration and Consolidation in the Ecosystem Perspective of the Five Point Zero Disruption Era".  This type of journal writing focuses on the type of normative legal writing. The data used to analyze the problem in question relies on secondary data. The approach methodology is carried out using legal research, through library research, prioritizing qualitative analysis. The theory used to analyze the problem formulation framework in question is by applying Volkgeist theory as a grand theory, namely, the theory of the national soul based on the theory of Friedrich Carl Von Savigny. As a middle theory, it uses the legal theory of Talcott Parsons, famous for his structural functionalism theory, while the applied theory uses the theory of the law of happiness (utilitarianism) by Jeremy Bentham (applied theory). Referring to the analytical content in this journal, the results are specifically related to land registration and consolidation in border areas in the ecosystem perspective of the five-point zero disruption era, according to the mandate of constitutionalism which must be implemented by the Government in a sustainable manner (sustainability). The main aim is to strengthen the understanding of the sovereignty of the State and nation, understand the sovereignty of the people, understand Indonesia as a rule-of-law state, and at the same time strengthen the understanding of the national economy and social welfare.
MEDIATION AS A SETTLEMENT OF ELECTRONIC BOOK COPYRIGHT DISPUTES TO PROVIDE LEGAL CERTAINTY FROM A BENEFIT PERSPECTIVE Waruwu, Khamozaro; Eddy, Triono; Mansar, Adi
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.v23i3.5490

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The use of mediation as an effort to resolve electronic book copyright disputes has become a trend in the community to utilize dispute resolution based on several factors that place it with various advantages, including economic factors, legal culture factors, the wide scope of problems that can be discussed, coaching factors. good relations between the parties and process factors. Based on this, it has become a necessity that mediation is no longer an alternative dispute resolution but rather a dispute resolution effort that must be taken if there is a violation of electronic book copyright. This is in line with the great interest in mediation as an effort to resolve electronic book disputes in providing legal certainty and various perspectives on the benefits of mediation. The purpose of writing is to discuss mediation as an alternative resolution of electronic book copyright disputes. Intellectual Property Rights are referred to as material rights, and the results of this work can be in the form of immaterial objects "intangible objects" which originate from the work of the brain and the results of the work of reasoning ratios which give rise to intellectual property rights. The Copyright Law, especially in Article 40 Paragraph (1) letter n, implicitly recognizes that digital or electronic books (e-books) are one of the adapted works that receive protection. Even though the Copyright Law provides legal guarantees or protection to copyright, creators and copyright holders, in its implementation there are still irregularities in the field of copyright and perpetrators of copyright irregularities can be legally prosecuted. Mediation is a type of dispute resolution that can be chosen in resolving issues in the field of IPR, especially regarding e-book piracy disputes which are currently widespread. This research uses a normative juridical research method with two types of approaches, namely the statutory research approach and the case research approach. Mediation is the most effective alternative dispute resolution and is required for copyright disputes because it is regulated in the Copyright Law. Apart from this, the form of dispute resolution through mediation has other advantages in the form of being completed more quickly, being lighter, having lower costs and satisfying both parties
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Dalimunthe, Surya Wahyu Danil Juni Harsya; Eddy, Triono; Nadirah, Ida
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.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
Efforts to Optimize the Management of Regional Wealth in an Effort to Increase Regional Original Income Lubis, Ahmad Yasir; Eddy, Triono; Wajdi, Farid
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.v23i2.5877

Abstract

The condition of BUMN is one step ahead compared to the business activities carried out by BUMD. Another problem lies in the Human Resources (HR) and management of BUMD management. The relatively small share of the Regional Company's profit as one of the sources of regional PAD is that most of its businesses are relatively medium and small scale, in addition to many of which have not been organized based on the principles of the company's economy, but are relatively more based on considerations of public serviceIn a limited liability company, shares owned by an individual or legal entity provide rights in the form of dividends to him as regulated in Article 52 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In order to realize these conditions, ideally the construction of BUMD is directed to be in the form of a corporation. In order to manage BUMD in the form of a corporation, it can adopt the concept of managing state-owned companies under the auspices of the Ministry of BUMN which has implemented Good Corporate Governance in its management. In order to realize Good Corporate Governance in BUMD, a good governance structure is needed. Governance Structure or termed governance structure can be interpreted as a framework in an organization to apply various principles so that these principles can be shared, implemented and controlled. Specifically, the governance structure must be designed to support the running of organizational activities in a responsible and controlled manner
Reconstruction of Tax Case Investigations to Avoid Business Crimes Based on Legal Certainty Harahap, Siti Holija; Mansar, Adi; Eddy, Triono
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

Abstract

Based on the tax revenue report submitted by the Minister of Finance, it is necessary to improve professionalism in managing state finances, especially when related to taxation. In addition to professionalism, supervision also needs to be improved, both preventive and repressive, to prevent deviations or abuse of office in managing state finances, especially related to tax management. The criminal law policy in the field of taxation in the future should be in line with the principle of criminal taxation, "that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law, administrative sanctions are prioritized, while the application of criminal sanctions is carried out if the methods used are no longer effective in making Taxpayers comply with tax provisions. The form of handling criminal acts in the field of taxation by the Directorate General of Taxes in the future developments is intended to change criminal taxation as a general act that is included as an independent crime (independent crimes), it should be done carefully and thought out carefully, it may be able to increase state revenue from the tax sector effectively and efficiently, but it can disrupt the aspect of legal justice for taxpayers and at the same time the legal rights of Taxpayers (society) as a whole. This is because the use of funds sourced from Taxpayer funds is not effective and efficient in achieving the desired development goals
Co-Authors Abd. Rahim Adha, Mhd. Hendara Adi Mansar Afdal Junaidi Agustami Lubis Agustina Agustina Agustina Agustina Agustina Akalafikta Jaya Alfi Sahari Alief Risyawan Anna Loist Arifin Said Ritonga Ario Putranto Aris Wibowo Asrul Taufik Harahap Aulia Rosa Nasution Azaria, Elvina Azaria, Elvina Berlin Sinaga Cakra Tona Parhusip Dalimunthe, Surya Wahyu Danil Juni Harsya Dewata, Mukti Fajar Nur Dicki Irvandi Didik Miroharjo Dwi Putri, Dwi Edi Warman Ediwarman Ediwarman EKA N.A.M SIHOMBING Ena Kazić Çakar Erwin Asmadi Erwin Wijaya Siahaan Farid Wajdi Fathin Abdullah Fauzi, Ahmad Foni Mega Wahyuni Friandy, Bob Ghapa, Norhasliza binti Ghofur Hidayat Ginting, Lilawati Girsang, Cosman Oktaniel Harahap, Siti Holija Heni Pujiastuti Herikson P. Siahaan Hery Widijanto Hubertus Manao IBRAHIM, NURIJAH Ida Hanifah Johanes M. Aritonang Juli Moertino Karo Karo, Ralo Rejeki Kencana, Galuh Nawang Khairur Rahman Nasution Koto, Ismail Lilawati Ginting Limbong, Dayat LUBIS, AHMAD YASIR M. Arief Kurniawan M. Rizqi Darmawan Mahmud Mulyadi Manao, Hubertus Marbun, Gus Irwan Selamat Marlina, Dr Marlina, Marlina Moertiono, Juli Moertiono, Juli Muhammad Adli, Muhammad Mukhtar I Kadoli Mustafa Nasution Nadhirah, Ida Nadirah, Ida Nurijah Ibrahim Onny Medaline P. A. JUANDA PANJAITAN Pamilu Hamonangan Pandi Harahap, Ahmad Ari Panjaitan, Dian Affandi Parningotan, Richard Nayer Pronika Julianti Manihuruk Purnomo, Sagita Purwoko, Agus Putri Raudhatul Zannah Raja Lubis, Mhd Ramlan Ramlan Ramlan, H. Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rinda Adida Sihotang S, Abdu Fadli Ansor Dwiky Sagita Purnomo Sahari, Alpi Sariani Silalahi, Hotmaria Sastro, Heru Prabowo Adi Sianturi, Senior Sihotang, Tumpak Mangasi Silalahi, Andre Simanjuntak, Adelina Pratiwi simon simon Simon Simon Sinaga, Miduk Siregar, Salman Suhendri, Novel Surya Perdana Tengku Erwinsyahbana Tito Alhafezt Togi P. O Verdinan Verdinan Wahyu Sabrudin Sabrudin Waruwu, Khamozaro Yazir, Isti Risa Sunia Yemi Mandagi Yusuf Hondawantri Naibaho