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All Journal Reformasi Hukum Yuris: Journal of Court and Justice
Qoilun, Nur
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Law, Crime, Criminology & Criminal Justice

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COMPARATIVE STUDY OF THE GOOD FAITH CONCEPT BETWEEN INDONESIA AND THE NETHERLANDS IN CIVIL LAW Miarsa, Fajar Rachmad Dwi; Saifudin, Muhamad; Santoso, Hardi Anugrah; Qoilun, Nur; Japar, Sugiarto Raharjo
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.481

Abstract

Indonesian law is not only dominated by the customary system, but also by the European legal system. Indonesia still adhered to the old Dutch “Burgelijk Wetboek” for several years after its independence, even though the Dutch had completely reformed their Burgelijk Wetboek with a more modern version. One of the significant changes that the Dutch implemented is the paradigm change in the regulation of good faith. Therefore, this research is conducted to determine the effect of paradigm changes in good faith under Dutch civil law on the design of legal arrangements in Indonesian civil law. The research method used is normative juridical which focuses on the problem analysis by approaching the principles and legal norms in the applicable laws and regulations, through statutory, comparative, and historical approaches. Good faith concepts in Indonesia and the Netherlands are basically contained in one specific article. The distinction between Indonesia and the Netherlands is the concept of good faith, which is only contained in the article and after the amendment of the new Civil Code in the Netherlands, it is contained in the heading of that article which stipulates that good faith must be applied.
Legal Dilemma in Navigable River Water Pollution: Consequences of Garbage and Baby Diaper Disposal Qoilun, Nur; Wulandari, Deby Ayu
Reformasi Hukum Vol 28 No 3 (2024): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i3.1090

Abstract

The pollution of shipping river water due to the disposal of garbage and baby diapers in Tawangsari Village, Sidoarjo Regency, has created a legal dilemma regarding the implementation of existing regulations. Although there are various national and regional regulations regarding waste management, their implementation in the field is still very limited. The research method used is normative juridical law with an empirical approach supported by accidental sampling techniques on eleven residents of Tawangsari Village. The results showed that, many people still do not comply with their obligations and responsibilities in waste management. In addition, weak law enforcement and the lack of waste management facilities at the village level exacerbate the condition. Legal dilemmas arise due to the mismatch between the existence of regulations and the reality on the ground, as well as the inability to balance the provision of appropriate sanctions with community capacity building. This shows that the legal responsibility of both the government and the community has not been maximized. In conclusion, strengthening law enforcement, increasing public awareness, and developing better waste management infrastructure are needed to overcome this legal dilemma. The recommendations of this research are to tighten supervision, provide strict sanctions, and increase education about waste management to the community.
Co-Authors Miarsa, Fajar Rachmad Dwi Saifudin, Muhamad Santoso, Hardi Anugrah Sugiarto Raharjo Japar, Sugiarto Raharjo Wulandari, Deby Ayu