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All Journal Unram Law Review YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
Rachmad Safa’at
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Pancasila-Based Reconstruction Of Law And Human Rights In Local Governments’ Affairs And Agencies Rachmad Safa’at; Harahab, Nuddin; Arrsa, Ria Casmi
Unram Law Review Vol 7 No 2 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i2.323

Abstract

As stated in Article 8 of Law (UU) Number 8 Year 1999 regarding Human Rights, the state’s government is obliged to protect and demonstrate its citizens’ Human Rights. The state shall be committed to establishing protection and implementation of Human Rights as a discourse of necessity between the State, Constitution, and Citizens. The correlation between these three is foregrounded in Article 28I Section 4 in the 1945 Constitution of the Republic of Indonesia. The law regarding the State’s obligation was later implemented by establishing the Ministry of Law and Human Rights and regional-level regulations by the Minister of Law and Human Rights Regulation Number 34 Year 2016 regarding the indicator standards of Human Rights in the Regency/Municipal levels. However, the regulation is presumably still inadequate at representing the Central Government and Local Government’s commitment to designing regulations integrating Human Rights in civil, political, socio-economic, cultural, and developmental rights. This study uses legal constructivism as its approach and aims to develop a legal system that implements principles of law and human rights in social institutions, legal institutions, social regulators, social integration, and social engineering. The results highlight the reconstruction of Law Number 23 Year 2014 regarding Local Government, which allows local government to administer Government affairs with the Minister's or Governor's joint approval. Furthermore, the Law a quo currently urges revisions in Article 12 regarding the concurrent government’s affairs on law and human rights. To achieve this, a nomenclature of provincial and regency/municipal Law and Human Rights Office (Diskumham) is on demand to handle affairs concerning law and human rights at regional levels, in accordance with Government Regulation Number 18 Year 2016 regarding Regional Agencies.
Implementing Spatial Planning Based on Environmental Sustainability in the Mining Area Luthfi Marfungah; Rachmad Safa’at; Istislam, Istislam; Indah Dwi Qurbani
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 4 (2024): IJHESS FEBRUARY 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i4.935

Abstract

The problem of finite mineral and coal natural resources has been reopened by the growing demand for development and mining resources, which impacts the global arena. Environmental issues are just one of the issues caused by mining activities, which are another. In mining sites, there has to be an ongoing planning process based on the environment. This study addresses the existing mining regulatory framework and the problem of harmonization between spatial plans for mining regions based on environmental sustainability, with a particular emphasis on spatial planning for mining sites in Indonesia. Under the provisions of spatial planning, this article outlines the fundamental concepts of strategic environmental sustainability as a roadmap for sustainable growth in the mining industry. This study concludes that the idea of creating a mining business permit area is predicted to function as a tool for prevention against the emergence of significant environmental pollution and damage due to mining activities with the existence of an integrated concept of environmental licensing and spatial planning. Because this authority can be determined based on the size of "geographical-ecological", "economical", or "administrative" conditions, recommendations made with the existence of legal criteria relating to the determination of mining areas to become the authority of the Minister of Environment and Spatial Planning, Governors, and Regents/Mayors will result in the principle of environmental sustainability.
Legal Politics of Sea Sand Mining Governance From The Perspective of Blue Economy Pritasari, Amalia Zulfa; Rachmad Safa’at; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.291

Abstract

The governance of marine sand mining in Indonesia has been controversial since the issuance of Government Regulation No. 26 of 2023 concerning the Management of Sedimentation in the Sea. The discourse on the blue economy in coastal development has been used as the basis for the government to implement governance regulations for coastal and marine areas. The type of research used is legal-normative research employing two approaches: the legal approach and the conceptual approach. The results of this study indicate that the legal policy on the management of marine sand mining does not reflect rules that align with democratic principles. This is evidenced by the fact that the process of making the regulation was not conducted transparently and involved minimal public participation. Based on this, there are two alternative recommendations that can be chosen to address the issue: revising the parts that do not reflect a commitment to the greatest prosperity of the people or implementing a moratorium on policies related to the management of marine sand mining, so that marine sand mining is not reintroduced as it was in 2002. Furthermore, moving forward, the government needs to be more prudent in determining political considerations that are consistently aligned with the principles of the blue economy.
COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW) Budimansyah; Prija Djatmika; Rachmad Safa’at; Setiawan Noerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 4 (2023): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i4.946

Abstract

This study falls under the category of normative legal research or doctrinal legal research. Primary legal resources, secondary legal materials, and tertiary legal materials are all used library research techniques for gathering legal materials (library research). In contrast, the descriptive analysis approach is used for data processing. According to the conclusions of this study, various civil law system nations, like the Netherlands, Greece, and Portugal, use the principle of judicial forgiveness (rechterlijk pardon). However, long before these nations implemented the principle of forgiveness (rechterlijk pardon) in their criminal law, Islamic criminal law used principle of forgiveness first in jarimah qadzaf (accusing adultery), jarimah qishas-diyat, and jarimah Ta'zir. Compared to the principle of forgiveness (rechterlijk pardon) in the civil law system, the principle of forgiveness (rechterlijk pardon) in Islamic criminal law offers benefits. The formulation of the principle of judicial forgiveness (rechterlijk pardon) in Indonesian criminal law in the future is to prescribe the principle of judicial forgiveness in Islamic criminal law since it is seen to have advantages. Furthermore, incorporating the notion of judicial forgiveness (rechterlijk pardon) from Islamic criminal law into Indonesian criminal law is sociologically consistent with the legal knowledge of the Indonesian people, the majority of whom are Muslims.
Co-Authors Budimansyah Indah Dwi Qurbani Istislam Istislam, Istislam Luthfi Marfungah Nuddin Harahab Prija Djatmika Pritasari, Amalia Zulfa Ria Casmi Arrsa Setiawan Noerdajasakti