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All Journal Jurnal Hukum IUS QUIA IUSTUM Pena Justisia: Media Komunikasi dan Kajian Hukum YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Indah Dwi Qurbani
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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.
Urgensi Pembentukan Lembaga Pemerintahan Khusus di Bidang Pengelolaan Peraturan Perundang-Undangan Herlin Wijayati; Indah Dwi Qurbani; Endrianto Bayu Setiawan; Ricardo Simatupang
Jurnal Hukum IUS QUIA IUSTUM Vol. 31 No. 3: SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol31.iss3.art8

Abstract

Legislation is a sub-system of national law that functions to actualise the implementation of national and state administration according to the ideals established by the national legal system. However, currently the policy of legislation is facing systemic problems, which are related to the institutional governance of the formation of legislation. In response to this problem, this study presents the following formulation of the problem, namely how to design the reconstruction of the institution that forms the legislation in order to create legal order in Indonesia. This legal research is normative in nature that uses conceptual and statutory approaches. The analysis technique used is descriptive-analytical by conducting a qualitative analysis of legal norms. There are two conclusions drawn. First, the problem of institutional governance occurs because of the large number of government institutions involved in the formation of legislation coupled by the absence of consistency of government institutions in the field of the formation of legislation. The regulation of the authority attribution in the formation of legislation according to Article 8 of Law No. 12 of 2011 has resulted in a large number of legislation, especially regulations of ministers/chiefs of institutions. As the result, the practical problems arising are disharmony and regulatory bulge. Second, as a solution to resolve the issue, the mandate of Article 99A of Law No. 15 of 2019 must be implemented immediately, namely by establishing a non-ministerial government institution that carries out government affairs in the field of forming laws and regulations. Failure to establish such a government institution will have implications for the number of uncontrolled laws and regulations and will further worsen the quality of laws and regulations, both in terms of the formation process and their substance.Keywords: Government Institutions, Institutional Arrangement, Laws AbstrakPeraturan perundang-undangan merupakan subsistem hukum nasional yang difungsikan untuk mewujudkan penyelenggaraan kehidupan berbangsa dan bernegara sesuai cita hukum nasional. Akan tetapi, saat ini kebijakan peraturan perundang-undangan sedang dihadapkan pada permasalahan sistemik, yang terkait dengan tata kelola kelembagaan pembentukan peraturan perundang-undangan. Terhadap permasalahan tersebut, penelitian ini menetapkan rumusan masalah yakni bagaimana desain rekonstruksi kelembagaan pembentuk peraturan perundang-undangan untuk menciptakan tertib hukum di Indonesia. Penelitian hukum ini bertipe normatif dengan menggunakan pendekatan konseptual dan peraturan perundang-undangan. Teknik analisis bertipe deskriptif-analitis dengan cara melakukan analisa norma hukum secara kualitatif. Ada dua kesimpulan yang diperoleh. Pertama, masalah tata kelola kelembagaan terjadi karena banyaknya lembaga pemerintahan yang dilibatkan dalam pembentukan peraturan perundang-undangan serta belum adanya keajekan lembaga pemerintahan di bidang pembentukan peraturan perundang-undangan. Diaturnya kewenangan atribusi dalam pembentukan peraturan perundang-undangan menurut Pasal 8 UU No. 12 Tahun 2011 telah mengakibatkan banyaknya jumlah peraturan perundang-undangan, khususnya peraturan menteri/kepala lembaga. Akibatnya, masalah praktis yang timbul adalah disharmoni dan obesitas regulasi. Kedua, sebagai langkah solutif untuk menyelesaikan persoalan tersebut, maka amanat Pasal 99A UU No. 15 Tahun 2019 harus segera dijalankan, yaitu dengan cara membentuk lembaga pemerintahan non kementerian yang menjalankan urusan pemerintahan di bidang pembentukan peraturan perundang-undangan. Dengan tidak dibentuknya lembaga pemerintahan tersebut akan berimplikasi pada jumlah peraturan perundang-undangan yang tidak terkontrol serta semakin memperburuk kualitas peraturan perundang-undangan, baik dari segi proses pembentukan maupun substansinya.Kata Kunci: Lembaga Pemerintah, Penataan Kelembagaan, Peraturan Perundang-Undangan
Juridical Review of the Term of Land Rights in Ibu Kota Nusantara in The Perspective of Agrarian Law Maranatha, Yohana; Indah Dwi Qurbani; Trie Sulistiowarni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5851

Abstract

This study examines the juridical aspects of the term of land rights granted to business actors in the Ibu Kota Nusantara as stipulated in Article 9 paragraph (2) of Presidential Regulation No. 75 of 2024 concerning the Acceleration of the Development of the Ibu Kota Nusantara which grants the term of Land Rights of Cultivation Rights up to 190 years, as well as Building Rights and Use Rights up to 160 years. This provision contradicts Law No. 5/1960 on Basic Agrarian Principles and raises concerns about the potential monopolisation of land by private investors. This research aims to analyse the implications of the application of the land rights Cycle Agreement stipulated in Perpres 75/2024 in terms of the hierarchy of laws and regulations and analyse the granting of the land rights period in Ibu Kota Nusantara with the principle of land tenure by the State.
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.
Reformulating Conservation Policies For Indigenous Peoples In Indonesia Muhammad Arsyad; Imam Koeswahyono; Indah Dwi Qurbani
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.489

Abstract

The conservation of biological natural resources and ecosystems in Indonesia is still characterized by a centralized and state-dominated approach, as regulated by Law No. 5 of 1990 and Law No. 32 of 2024. This centralized system marginalizes Indigenous Peoples (Masyarakat Hukum Adat, or MHA), disregarding their local wisdom, such as sasi in Maluku and customary forest management by Dayak communities. While the new legislation mentions the involvement of MHA, their role remains symbolic, lacking meaningful participation or authority. This research aims to identify the gaps in conservation regulations concerning MHA and to formulate a progressive policy reform based on the principle of greatest happiness, derived from Bentham's utilitarianism and Satjipto Rahardjo's progressive legal theory. Using a normative juridical method and qualitative analysis, the study finds that legal inconsistencies, overlapping regulations, and tokenism contribute to ecological and social injustice. The study proposes a policy reform framework based on four pillars: recognition of customary law, full decentralization of conservation governance to MHA, mandatory application of Free, Prior, and Informed Consent (FPIC), and fair benefit-sharing mechanisms. The proposed model, integrating Indigenous Self-Governance and Full Community-Based Conservation, strengthens legal certainty and justice, reflecting a human-centered and sustainable legal approach. Successful indigenous conservation practices, such as in Sungai Utik and Wehea Forest, illustrate the viability of this model.
Legal Protection of Land Ownership Rights In Conflicts With The Kendari Forest Area Muhammad Takeshi Yusran; Imam Koeswahyono; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.301

Abstract

This study examines the agrarian conflict in Tanea Village, South Konawe Regency, Southeast Sulawesi, which originated from an overlap between community ownership certificates and claims to protected forest areas based on the Decree of the Minister of Agriculture No. 639/Kpts/Um/9/1982 (TGHK). The designation of forest areas without community involvement has created legal uncertainty, restricted access, and the potential for criminalization of farmers. This study uses a socio-legal method with a sociological juridical approach through a normative review of regulations (UUPA, Forestry Law, PP 23/2021, PP 43/2021, Permen LHK 7/2021, MK Decision No. 34/PUU-IX/2011) as well as an empirical study of rights holders, BPN officials, BPKH, and agrarian-forestry experts. The results show that the conflict was triggered by regulatory disharmony, data asymmetry between agencies, dualism of authority, weak evidence of ownership, and the absence of community participation in determining area boundaries. Legal protection efforts can be pursued preventively through negotiation, mediation, and regulatory boundary change mechanisms, or repressively through lawsuits to the State Administrative Court (PTUN). This research emphasizes the importance of community participation in forest boundary inventory, optimizing the One Map Policy, and synchronizing digital data between agencies to achieve fair and balanced legal certainty for both the community and the state.
Reassessing Sovereignty and Sustainability in Nickel Downstreaming: An Economic Analysis of Indonesia’s Legal Framework Setiawan, Endrianto Bayu; Imam Koeswahyono; Indah Dwi Qurbani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6431

Abstract

Indonesia possesses the world’s largest nickel reserves, positioning the commodity as a key strategic natural resource—often classified as a critical mineral. Based on Article 33 of the 1945 Constitution, the governance of natural resources, including nickel, must be carried out fairly and sustainably to benefit the people's welfare. The policy of nickel downstreaming, particularly through the development of smelter industries, represents one expression of state sovereignty over natural wealth. Nonetheless, the execution of this policy presents several challenges, including environmental degradation, unequal distribution of economic gains, and reliance on non-renewable, polluting energy sources like coal. This study adopts an economic analysis of law framework to evaluate the efficiency and effectiveness of Indonesia’s nickel downstreaming regulations. Using a normative juridical method with statutory and conceptual approaches, the research finds that although current regulations formally demonstrate state sovereignty, they fall short in upholding the constitutional principles of sustainability and social justice. The policy has, in practice, led to environmental harm and socio-economic disparities among impacted communities. From an economic analysis of law perspective, the downstreaming strategy has yet to achieve optimal economic efficiency, fair benefit distribution, and proper handling of negative externalities. As such, regulatory reform is essential to ensure legal certainty, promote environmental preservation, and reinforce social welfare through mining downstream policies, including those related to nickel.
Formulation For Resolution of Partial Or Complete Overlapping of Mining Business Permit Areas Sihaloho, Meylin; Indah Dwi Qurbani; Venny Indria
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December In progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.316

Abstract

Mineral and coal mining plays a strategic role in national development because it contributes to economic growth, energy security, and increased state revenue. However, this sector still faces serious problems in the form of overlapping Mining Business Permit Areas (WIUP), which give rise to legal uncertainty, conflicts of interest, and inefficient natural resource governance. Overlapping permits arise from a weak licensing administration system, regulatory disharmony, and a lack of coordination between central and regional government agencies. This situation has implications for disrupting the investment climate, declining business confidence, and reducing state revenue from the mining sector. As a normative response, Law Number 2 of 2025, specifically Article 171B, regulates the authority of the Central Government to evaluate and revoke Mining Business Permits (IUP) that experience overlap in part or all of their areas. This policy is a strategic step to reorganize licensing and ensure legal certainty in accordance with the mandate of Article 33 of the 1945 Constitution. However, its implementation faces challenges in the form of limited integrated spatial data, a weak national mining information system, and the absence of a standard mechanism for resolving overlapping permit disputes. This study uses a normative juridical method with a statutory, conceptual, and case approach to analyze the urgency and formulation of regulations for resolving overlapping WIUPs. The results of the study indicate that derivative regulations are needed in the form of comprehensive, systematic, and applicable Government Regulations to regulate the evaluation, revocation, and dispute resolution mechanisms in a transparent manner. Thus, clear and integrated regulations are not only able to create legal certainty and justice, but also ensure the utilization of mineral and coal resources for the greatest prosperity of the people.
THE AUTHORITY OF LOCAL GOVERNMENTS REGARDING THE MANAGEMENT OF RENEWABLE ENERGY IN LAW NUMBER 23 OF 2014 ON REGIONAL GOVERNMENT Puja Kharisma Permata Ayu; Sudarsono; Indah Dwi Qurbani
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.v3i4.931

Abstract

Law Number 23 of 2014 concerning Regional Government (UU Pemda) is the basis for the implementation of regional autonomy in Indonesia. The regulation of local government authority in New Renewable Energy affairs regulated in the Local Government Law has caused problems in achieving the national energy mix target. This research is a normative juridical research with a statutory and conceptual approach. The results showed that the lack of involvement of the role of local governments, both provincial and district/city areas for the utilization and management of NRE was due to limited regulations regarding the authority of local governments in NRE affairs to only regulate geothermal affairs. In addition, changes or improvements are needed in the Local Government Law that accommodates the definition of RES and the addition of authority arrangements for other types of RES.
RATIO LEGIS REQUIREMENTS FOR SENIOR HIGH SCHOOL EDUCATION (SMA) OR THE EQUIVALENT FOR PRESIDENTIAL CANDIDATES AND VICE PRESIDENTIAL OF THE REPUBLIC OF INDONESIA Reza Guritna Hutama; Muchamad Ali Safa’at; Indah Dwi Qurbani
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1152

Abstract

The purpose of this research is to understand and analyze the ratio legis setting the minimum education requirements for senior high school or its equivalent for a presidential candidate from the study of treatises on discussing educational needs as well as to find out the conditions that can be used in determining the ability of a presidential candidate. The research method used by the author is a normative legal research method, by researching principles, synchronization, systematics, and legal comparisons. The author uses this type of normative legal research because, in formulating the problem, the author emphasizes the legal ratio to the educational requirements of a presidential candidate in Law No. 7 of 2017 concerning General Elections. This is influenced by the emergence of the author's curiosity about reasoning (ratio legis) from the minimum requirements for senior high school school or the equivalent for presidential candidates in Law No. 7 of 2017 concerning General Elections. The Indonesian House of Representatives is expected to be able to reformulate the development of regulations on educational requirements for presidential and vice-presidential candidates in Indonesia. The burden of duties carried out by a president certainly requires more ability to carry out the mandate that the people have entrusted to him in leading the running of the government. In this case, education is one of the components to assess a president's competence and ability.
Co-Authors Endrianto Bayu Setiawan Herlin Wijayati Imam Koeswahyono Istislam Istislam, Istislam Luthfi Marfungah Maranatha, Yohana Meylin Sihaloho, Meylin Muchamad Ali Safa’at Muhammad Arsyad Muhammad Takeshi Yusran Pritasari, Amalia Zulfa Puja Kharisma Permata Ayu Rachmad Safa’at Reza Guritna Hutama Ricardo Simatupang Setiawan, Endrianto Bayu Sudarsono Trie Sulistiowarni Venny Indria