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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Aprillia Wahyuningsih
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Law, Crime, Criminology & Criminal Justice

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Arah Kebijakan One Map Policy dalam Percepatan Reforma Agraria: Upaya Penyelesaian Konflik Agraria Aprillia Wahyuningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The state's agenda in fulfilling the needs of its people is one of them by carrying out various developments by utilizing natural resources. This is done by utilizing existing land in the territory of Indonesia. However, the number of state institutions in the implementation of development often results in conflicts. One of the causes of the conflict is overlapping land tenure by the community, government and private sector. Thus, in order to prevent and resolve agrarian conflicts, it is necessary to harmonize land use maps that are integrated on one map. This study intends to provide an introduction to the discussion regarding the importance of one map policy in accelerating agrarian reform as an effort to resolve agrarian conflicts. The research method used in this research is normative research and uses statutory and conceptual approaches. The results of this study show the following: One Map Policy is a government policy that can support the agrarian reform program and resolve overlapping land conflicts which are carried out with the aim of achieving legal certainty and protection as well as justice and prosperity for all Indonesian people.
Problematik Pengaturan Frasa Gangguan Lainnya Sebagai Syarat Pelaksanaan Pemilu Lanjutan Dan Pemilu Susulan (Studi Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum) Muhammad Erfa Redhani; Retno Widiastuti; Aprillia Wahyuningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The criteria for postponing general elections in Indonesia currently do not have legal certainty, this is because there are still multiple interpretations of the phrase "other interference" in Article 431 and Article 432 of Law Number 7 of 2017 concerning General Elections (Law No. 7 of 2017). The phrase "other interference" in the context of further elections and subsequent elections raises the potential for elections "to be postponed" not in accordance with the mandate of Article 22E paragraph (1) of the 1945 NRI Constitution which regulates elections to be held every five years. This research was raised to be discussed in a limited manner based on 2 (two) problem formulations, namely, 1) how problematic is the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017?; and 2) how is the idea of improving the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017? This research is a normative juridical research with a statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The results showed, first, the phrase "other disorders" contained in Law No. 7 of 2017 is an ambiguous or multiinterpretive sentence can lead to abuse of power to postpone elections. Second, it is necessary to limit the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017.  
Pencegahan Deforestasi Guna Pemenuhan Hak Atas Lingkungan yang Baik dan Sehat bagi Masyarakat Hukum Adat (Studi Pengesahan European Union Deforestation Regulation) Aprillia Wahyuningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The importance of involving indigenous peoples in preventing deforestation has to be realized. This is not only based on the existence of indigenous peoples, but the state must consider the ability of indigenous peoples to manage forests with their local wisdom. This is also supported by the ratification of the European Union Deforestation Regulation which contains the involvement of indigenous peoples. This paper analyzes the importance of involving indigenous peoples in forest management and its legal adjustment. This research is normative juridical legal research, which examines the legal norms of legislation about its problems in society. Secondary data collection is carried out by literature study through various laws and regulations and literature related to the prevention of deforestation associated with protecting the right to a good and healthy environment for indigenous peoples. This study found that the involvement and protection of indigenous peoples is the fulfilling of the Right to a Good and Healthy Environment. The concept of fulfilling Indonesia's policy adjustments is anchored by the application of the principle of Inalienability to customary land, and the ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Indonesian legislation.
Co-Authors Muhammad Erfa Redhani Retno Widiastuti Retno Widiastuti