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All Journal JURNAL CENDEKIA HUKUM Al Huquq : Journal of Indonesian Islamic Economic Law Vokatek : Jurnal Pengabdian Masyarakat LamLaj
Diyan Isnaeni
Universitas Islam Malang
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
LEGAL POLICY ON PREVENTING ENVIRONMENTAL DAMAGE TO PEATLANDS IN THE CONTEXT OF ACHIEVING SUSTAINABLE DEVELOPMENT Ambok Asse; Sunardi Sunardi; Diyan Isnaeni
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1294

Abstract

Peatland management has become a crucial issue, and it is necessary to examine the complexity of peatland issues through research that prioritizes environmental protection. The research method used in this study is normative research (doctrinal legal research). The data collection technique used is a literature study. The data obtained was analysed qualitatively and normatively. The findings indicate that there are numerous regulations governing peatlands, ranging from the most general to the most specific. However, the implementation of these regulations remains uneven, as evidenced by the continuing damage to the peatland environment. There is a need for firm legal action, both in terms of normative and administrative regulations. The political configuration of law in preventing environmental damage to peatlands can be realised through sustainable development. Nevertheless, a democratic political configuration of law is needed, imposing restrictions on government actions to protect individuals and groups, with the aim of safeguarding indigenous peoples or communities that already have systems and regulations in place for their environment. The direction of legal policy in efforts to prevent environmental damage to peat ecosystems can be through explicit regulations, providing certainty to indigenous peoples through the Indigenous Peoples Act, agrarian reform, and stopping the seizure of peatlands in the name of whatever it may be.
Reconstruction of Forest Area Land Tenure in the Perspective of Maqashid Sharia (Hifz Al-Mal) in Ngadirenggo Village, Wlingi District, Blitar Regency Rizky Rendyana Firmansyah; Diyan Isnaeni; Moh. Muhibbin
Al-Huquq: Journal of Indonesian Islamic Economic Law Vol. 7 No. 2 (2025): on Progress
Publisher : Fakultas Syariah IAIN madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/alhuquq.v7i2.24151

Abstract

Conflicts over forest land ownership in Indonesia continue to recur due to the lack of synchronization between the agrarian and forestry regimes. This overlapping authority creates legal uncertainty and impacts the protection of the economic rights of communities living in and around forest areas. This situation occurs in Ngadirenggo Village, Wlingi District, Blitar Regency, where tensions between the community and Perhutani regarding the control and utilization of forest crops continue. This study aims to analyze the legal regulations for forest land ownership based on applicable laws and regulations in Indonesia and reconstruct its ownership policy from the perspective of maqashid sharia, specifically hifz al-mal, to support sustainable development in Ngadirenggo Village. The study used an empirical juridical method with a qualitative descriptive approach to examine the process of law working in society. The results of the study indicate that regulations on land ownership in forest areas have not been harmoniously integrated, giving rise to policy dualism and prolonged conflict. Policy reconstruction is directed at strengthening the recognition of local community rights, harmonizing agrarian and forestry regulations, strengthening land ownership resolution mechanisms, and orienting policies towards sustainable development that balances economic, social, and environmental aspects. In the perspective hifz al-mal, the policy update emphasizes certainty and protection of the results of community efforts without ignoring the sustainability of the ecological function of forest areas. The academic contribution of this article lies in integrating the maqashid sharia approach, particularly hifz al-mal, into the discourse of forest land governance and sustainable development, offering a conceptual framework for harmonizing agrarian and forestry policies while strengthening legal protection for local communities in forest areas
Legal Implications of the Installation of Road Portals by the Community in Sungai Toman Village Nudi Haryadi; Moh. Muhibbin; Diyan Isnaeni
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.250

Abstract

Roads are key supporting facilities for land mobility, both for people and for land transportation vehicles transporting people and goods. Roads, as vital infrastructure, play a central role in supporting modern life. However, the function and sustainability of roads are often disrupted by various violations that harm the public interest. One form of violation of road utilization and management is the unauthorized installation of road portals.This research is a juridical-empirical legal study using a sociological juridical approach and a statutory regulatory approach (Stuttute Approach). The objectives of this research are to analyze and describe: (1) the government's role in regulating and supervising road portal installation, (2) the impact of road portal installation on public mobility, and (3) the legal implications of violations of road management and utilization. The data used are primary data from direct sources and secondary data from legal materials in the form of laws and regulations, scientific journals, and relevant documents. Data collection was conducted using interviews and literature review techniques. The research findings indicate that the installation of road portals in Sungai Toman Village constitutes a violation of the law regarding the implementation and utilization of road functions. In general, the government has the authority to regulate and supervise the installation of portals, the provisions of which are realized in Regional Regulation Number 29 of 2001 concerning Tonnage and Portals and Regional Regulation Number 9 of 2017 concerning the Implementation of Public Order. The installation of these portals has an impact on various aspects of community life, including impacts on public mobility, economic and commercial mobility, as well as impacts on social dynamics and horizontal conflict
The Effectiveness of SEMA Number 3 of 2018 in Strengthening the Legal Protection of Iddah and Mut'ah Alimony Claims for Divorced Widows (Study of Decision Number 238/Pdt.G/2024/PA. Mn) Agus Widyanto; Mohammad Muhibbin; Diyan Isnaeni
Vokatek: Jurnal Pengabdian Masyarakat Volume 4: Issue 2 (Agustus 2026)
Publisher : Sakura Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61255/vokatek.v4i2.1602

Abstract

This study examines the role of Supreme Court Circular Letter Number 3 of 2018 in protecting a wife’s rights to iddah and mut’ah maintenance in wife-initiated divorce, with particular reference to Decision Number 238/Pdt.G/2024/PA.Mn. This study employed doctrinal legal research using statutory and case approaches. The primary legal materials included Decision Number 238/Pdt.G/2024/PA.Mn, Law Number 1 of 1974 as amended by Law Number 16 of 2019, the Compilation of Islamic Law, Supreme Court Regulation Number 3 of 2017, and Supreme Court Circular Letter Number 3 of 2018. Secondary legal materials consisted of relevant books and scholarly articles. The legal materials were analysed through legal interpretation and content analysis, focusing on the recognition of post-divorce rights, the application of the Circular Letter in judicial reasoning, the proportionality of the awarded maintenance, and the enforceability of the judgment. The findings show that the court explicitly relied on Supreme Court Circular Letter Number 3 of 2018 after finding insufficient evidence that the plaintiff had committed nusyuz. The court awarded IDR 7,500,000 in iddah maintenance and IDR 16,000,000 in mut’ah. These findings demonstrate normative recognition and adjudicative protection of women’s post-divorce economic rights. However, enforcement-level effectiveness could not be established because no verified evidence of actual payment or execution was available. Therefore, the Circular Letter functions as an interpretive judicial guideline, although its broader effectiveness cannot be generalised from a single decision.
Co-Authors Agus Widyanto Ambok Asse Moh. Muhibbin Mohammad Muhibbin Nudi Haryadi Rizky Rendyana Firmansyah Sunardi Sunardi