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All Journal Journal of Law, Poliitic and Humanities Jurnal Multidisiplin Sahombu
Sami’an
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Arts Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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GAP Analysis Between The Problems And Policy On Licensing Of Batik Waste Management With Field Practices In The Batik Industry In Pekalongan Brian Tri Hutomo; Tiara Putri Setia; Mutasim Bilah; Sami’an
Jurnal Multidisiplin Sahombu Vol. 5 No. 01 (2025): Jurnal Multidisiplin Sahombu (2025)
Publisher : Sean Institute

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Abstract

Numerous batik producers have yet to effectively manage the trash generated from batik production. Batik waste is classified as toxic and hazardous waste, which is hazardous if not properly treated prior to being released into the river. Direct release of batik waste into the river might adversely affect the neighboring community and the aquatic biota. Article 11, paragraph (1) of Pekalongan City Regional Regulation Number 12 of 2014 stipulates that any individual or corporate organization generating garbage is obligated to manage the waste they produce. This study seeks to identify the disparity between governmental policy on biodegradable waste management and the actual practices observed in the field. The author use a qualitative research methodology, specifically a qualitative technique, to gain an in-depth understanding by gathering data through interviews, observations, and document analysis, while directly assessing the conditions in the field. The author interviewed batik producers and government officials to identify discrepancies in the management of batik waste between the two parties, and also directly observed that numerous rivers were contaminated by batik waste. The government has established a Wastewater Treatment Plant (IPAL) to process batik wastewater prior to its discharge into the river; however, not all regions with numerous batik manufacturers own IPALs due to financial constraints. The government is eager to assist producers in managing their batik waste. If there is no wastewater treatment facility (IPAL) in their production region, Pekalongan Environmental Agency is prepared to collect their batik trash and transport it to the nearest IPAL for processing.
The Implication of Review on Arbitral Awards in the Legal Certainty of Construction Dispute Settlement Kuswijanarko, Anjar; Sami’an; Hardjomuljadi, Sarwono
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1237

Abstract

Arbitration is a popular dispute resolution method in the construction industry in Indonesia because the process is fast, efficient, and the results are final and binding. However, attempts to retest or annul arbitral awards in courts often threaten the principle of finality. This study aims to analyze the legal basis for reviewing arbitral awards in Indonesia based on Articles 70-72 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, as well as its impact on legal certainty and efficiency in resolving construction disputes. Through a normative juridical approach and case studies, this study found that courts often annull arbitral awards on the grounds of forged documents, new evidence, or fraud (Hansen, 2019). Examples of cases such as PT. Hutama Karya vs PT. Krakatau Bandar Samudera show that annulment by the district court prolongs dispute resolution and adds to costs, which highlights the weakness of the arbitration system in Indonesia and can reduce trust in it. The study concluded that legal reform is necessary to limit the grounds for reviewing arbitral awards. Indonesia is also advised to establish a special arbitration court or a judge of construction dispute experts to increase legal certainty. Training and certification of arbitrators is necessary to reduce the potential for award errors, so that arbitration can be optimal as an effective and efficient method of dispute resolution.
Statistical Analysis of Time and Cost Efficiency of Construction Dispute Resolution Through Mediation Compared to Arbitration Lutfi Mustakim; Sami’an; Sarwono Hardjomuljadi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1290

Abstract

Non-litigation conflicts can be settled in a number of ways, including through arbitration and mediation. "A method for testing a particular theory by examining the relationship between variables" is the quantitative approach that is employed. The study's findings indicate that the time frames for arbitrating and mediating disputes differ; specifically, the arbitration ruling must be rendered no later than 30 days following the conclusion of the dispute examination. The cost of using the mediation room is not included in the price of using mediation to settle issues in court. This period may be extended, nevertheless, by the arbitration panel or the lone arbitrator. After the mediator is chosen, the mediation procedure can take up to 40 working days, and the arbitration ruling is final and binding on the parties. A maximum extension of 14 working days may be made to this time frame. In the event that mediation produces a written agreement, the parties are required to draft and sign it. The fees for arbitrating disputes differ based on the arbitration organization and the amount of the claim; they could include Registration cost: The registration cost for the arbitration request, Cost of administration: The arbitration administration charge is determined using a tariff scale. Arbitrator's fee: The cost of hiring arbitrators is determined using a tariff scale. along with The cost of hearing: The parties, respondent, or applicant bear the pro rata costs of the arbitration hearing.
Co-Authors Brian Tri Hutomo Kuswijanarko, Anjar Lutfi Mustakim Mutasim Bilah Sarwono Hardjomuljadi Tiara Putri Setia