hiawananta, ozha tiwa
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Perlindungan Hukum Wisatawan Atas Penguasaan Fasilitas Peristirahatan Oleh Pelaku Usaha di Kawasan Wisata Magetan hiawananta, ozha tiwa
Jurnal Hukum Lex Generalis Vol 5 No 3 (2024): Tema Hukum Adat dan Kebiasaan
Publisher : CV Rewang Rencang

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Abstract

The control exercised by business actors over supporting facilities in rest areas must be a serious concern, as it infringes upon tourists' rights. This research is analyzed using a normative legal method with an inconcrete approach and analytical descriptive elaboration, exploring the freedom rights of tourists in utilizing supporting facilities, the obligations of vendors as business actors to provide comfort to tourists, and the legal consequences of violations of tourists' rights. The findings indicate that, according to Law Number 1 of 2009 on Tourism, tourists' rights to comfort in using supporting facilities are regulated, along with the obligations of business actors to provide comfort to tourists. Additionally, legal consequences in the form of sanctions are found in Magetan Regency Regional Regulation Number 7 of 2013 on Tourism.
Reviewing The Efficiency Of Restorative Justice Implementation In The Dispute Between PT Indonesia Huabou Industrial Park And The Murowali Prayoga, Muhammad Rifki; Hiawananta, Ozha Tiwa; Septiawan, Syaifullah David
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7925

Abstract

Land plays a very important role in human life, especially in Indonesia, where it is considered a natural resource controlled by the state for the welfare of the people. However, agrarian conflicts often arise, such as the one between PT Indonesia Huabao Industrial Park (PT IHIP) and the Morowali community. This study aims to analyze the mediation mechanism based on the principle of restorative justice in resolving agrarian disputes. Data shows that in 2023, Indonesia experienced 241 agrarian conflicts that harmed many parties, including 608 land rights defenders. This conflict not only has social impacts, but also economic and environmental impacts, such as gas emissions and deforestation due to nickel factory operations. The research method used is descriptive qualitative with a normative legal approach, examining various regulations and legal doctrines. The results of the study show that mediation can be an initial solution in the settlement, but is often ineffective due to the absence of the parties involved and the great influence of one of the parties. Therefore, the application of the principle of restorative justice in mediation is expected to improve relations between the disputing parties and reduce the potential for future conflict. This approach emphasizes inclusive dialogue and reparation for the aggrieved parties, in line with the goal of progressive law to create social welfare.
Plus Ultra: Juridical Analysis of Space Resources Utilization Mechanisms for Indonesia’s Future Regulation Hiawananta, Ozha Tiwa; Masyithoh, Novita Dewi; Ardila, Arina Hukmu
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.46274

Abstract

The current development of outer space has reached a new beginning, marked by many space company leveraging the opportunities of the space economy. Outer space itself is governed by a set of international treaties known as the Corpus Juris Spatialis. However, with the rapid advancement of space commercialization, the provisions of the Corpus Juris Spatialis are deemed unable to accommodate all existing phenomena. Therefore, many regulatory frameworks are currently being established to fill the gaps in the Corpus Juris Spatialis, one of which is domestic law. Along with advancements in space technology in spacefaring nations such as the United States and Japan alongs with non space firing nations such as Luxembourg, and the United Arab Emirates, domestic regulations have been enacted to permit private ownership of extracted space resources. On the other hand, Indonesia, as a non-spacefaring nation, currently lacks a legal framework for space commercialization related to the utilization of outer space resources in space mining activities. The objectives of this research are, first, to examine the international legal framework, national laws, and those created by international organizations related to the utilization of outer space governance. Second, this research will attempt to provide a new perspective on a comprehensive and responsible national regulatory framework for commercialization. This study used a normative juridical method with a comparative and conceptual approach to evaluate regulatory mechanisms, particularly the application of the "systematic and organized" model. By analyzing international space conventions, as well as domestic instruments. The research findings indicate that there are several conceptual differences regarding space resources among countries with space licensing regulations, each regulating space resources slightly different. Ultimately, this research proposes the establishment of a comprehensive national legal framework in the future to regulate licensing, ownership rights, liability, sanctions, and taxation mechanisms for the utilization of outer space resources. This framework aims to ensure legal certainty and align Indonesia's interests with the norms of international space law.