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All Journal Intellektika: Jurnal Ilmiah Mahasiswa Parlementer : Jurnal Studi Hukum Dan Administrasi Publik
Abdul Haris Nafis
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Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Social Sciences

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Implikasi Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Sektor Perkebunan terhadap Eksistensi Masyarakat Hukum Adat Rohmah Dwi Cahyanigsih; Raka Haikal Anfasya; Akhmad Kautsar Fattah; Abdul Haris Nafis; Handoyo Prasetyo; Atik Winanti
Intellektika : Jurnal Ilmiah Mahasiswa Vol. 3 No. 1 (2025): Intellektika : Jurnal Ilmiah Mahasiswa
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/intellektika.v3i1.2035

Abstract

This study analyzes the impact of Government Regulation in Lieu of Law (Perppu) No. 2 Year 2022 on Job Creation, particularly in the plantation sector, on the rights of Masyarakat Hukum Adat (MHA). The initial purpose of this Perppu was to increase investment through simplification of regulations and acceleration of licensing, but the formulation of existing norms and regulations can threaten the existence of MHA. This research is a normative research and uses a legislative approach by analyzing primary and secondary legal materials, and using John Rawls' Theory of Justice and Mochtar Kusumaatmadja's Theory of Development Law. The results show that there are significant changes in the application of Perppu No. 2 Year 2022 on Job Creation compared to Law No. 34 Year 2014 on Plantations, including changes in land area limitations, elimination of environmental permits, and elimination of criminal sanctions related to permits and the environment. The implications of the implementation of this Perppu are that it exacerbates the marginalization of Indigenous Peoples, ignores customary rights, and causes overlapping land tenure, as well as ecosystem and environmental damage. This research suggests several strategic steps: accelerating the inventory of customary land and the granting of customary rights certificates, requiring MHA to be involved in every stage of decision-making through FPIC mechanisms, and passing a special law for MHA. Investment policies should also focus on sustainable development with stricter environmental standards than at present.
Perbandingan Hukum mengenai Narkotika antara Indonesia dan Malaysia Abdul Haris Nafis; Handar Subhandi Bakhtiar
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 2 No. 2 (2025): Juni : Parlementer : Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v2i2.723

Abstract

The problem of drug abuse is a serious challenge in various countries, including Indonesia and Malaysia. Both countries have strict legal systems in dealing with drug crimes, with an approach that emphasizes the imposition of severe criminal sanctions on perpetrators. This study aims to compare drug law policies between Indonesia and Malaysia, especially in terms of regulation, law enforcement, and the types of criminal sanctions applied. The research method used is normative juridical with a comparative legal approach between countries. The results of the study show that although in general both countries adopt a repressive approach, there are important differences in their legal systems. Malaysia applies a mandatory death penalty for drug dealers in certain amounts, as regulated in the Dangerous Drugs Act 1952. Meanwhile, Indonesia gives judges the authority to determine the type of sanctions, including the death penalty, based on legal considerations and justice in Law No. 35 of 2009. This study is expected to be an evaluation material for policy makers in Indonesia in formulating a drug law system that is not only repressive, but also pays attention to aspects of justice, human rights, and legal effectiveness.
Co-Authors Akhmad Kautsar Fattah Atik Winanti Handar Subhandi Bakhtiar Handoyo Prasetyo Raka Haikal Anfasya Rohmah Dwi Cahyanigsih