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All Journal Jurnal Multidisiplin Madani (MUDIMA) Formosa Journal of Sustainable Research (FJSR)
Mardiansah, Songgi
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Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Social Sciences

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Legal Protection of Coastal Community Rights in the Development of the Indah Kapuk 2 Beach Area: An Agrarian Law Perspective Haspada, Deny; Juli Asril; Ryan Faisal; Saputra, Ade Rizki; Herdiyanti, Siti Handayani; Gunati, Mira; Mardiansah, Songgi
Jurnal Multidisiplin Madani Vol. 5 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v5i1.13718

Abstract

Coastal development projects, such as Pantai Indah Kapuk 2 (PIK 2), have createdsignificant legal and social challenges for long-established coastal communities.This study aims to analyze the legal protection of coastal communities' rights in thedevelopment of PIK 2 from the perspective of agrarian law. Using a normativejuridical method and qualitative analysis, the study reveals a gap between existingregulations and the implementation of coastal community rights protection. Landconflicts emerge as a major issue due to unclear land ownership status and weakcompensation mechanisms implemented by developers. Furthermore, the lack ofcommunity participation in planning processes exacerbates the socio-economicimpacts they experience. Compensation mechanisms tend to focus solely oneconomic value without considering the social and cultural aspects inherent incoastal communities. This study highlights the need for policy reforms in protectingcoastal community rights, including strengthening regulations, ensuringtransparency in compensation mechanisms, and increasing community involvementin decision-making processes. More equitable and sustainable policyimplementations are expected to create a balance between development interests andthe protection of coastal community rights
Alleged Violation of Article 35 Paragraph (1) of Law Number 20 of 2008 Regarding the Implementation of the Partnership between PT Bulungan Citra Agro Persada (PT Bcap) and the Multi-Business Cooperative Mega Buana Decision: 21/KPPU-K/2019 Priyanto, Eka; Mardiansah, Songgi; Respati, Gilang; Irawan, Feri
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9114

Abstract

The partnership between PT BCAP and KSU Mega Buana is an example of collaboration between a large company and a cooperative that has the potential to provide benefits for both parties. This partnership is expected to increase the income and welfare of cooperative members, as well as expand the market reach of the company's products and services. However, there are several things that need to be considered in implementing this partnership to ensure that the partnership is carried out fairly and in accordance with applicable regulations. These things include fair distribution of profits, preventing abuse of dominant position, fulfilling obligations, and monitoring and evaluation. This research aims to analyze the mechanism for implementing the partnership between PT BCAP and KSU Mega Buana, including the division of work, resource allocation, and policies implemented. This research also aims to identify indications or concrete evidence that shows violations of Article 35 Paragraph (1) of Law Number 20 of 2008 in the implementation of this partnership
Legal Politics of Holding Simultaneous Regional Elections in 2024 (Portrait of Political Party Debate in Parliament) Priyanto, Eka; Haikal Mubarak; Mardiansah, Songgi; Bunyamin, Bubun; Permana, Diki
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9139

Abstract

The resolution of simultaneous regional elections through a political-legal process in parliament is the subject of complex and crucial debate in the context of local democracy in Indonesia. This article describes the dynamics of legal politics and a portrait of the debate between political parties in parliament regarding regulations for simultaneous regional elections. Through in-depth analysis, this article explains the factors that influence the position and strategy of political parties in influencing regulations, as well as their impact on the results of debates in parliament. Conclusions and suggestions are offered to increase the effectiveness of the simultaneous regional election resolution process and strengthen local democracy in Indonesia
Settlement of Investment Disputes Based on the Bilateral Investment Treaty through Arbitration of the International Centre for Settlement of Investment Disputes (Case Study of Rafat Ali Rizvi vs. the Republic of Indonesia) Saputra, Ade Rizki; Gunati, Mira; Faisal, Ryan; Mardiansah, Songgi; Wiradirja, Imas Rosidawati; Pranadita, Nugraha
Formosa Journal of Sustainable Research Vol. 3 No. 11 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i11.12226

Abstract

This study discusses foreign investment disputes involving Indonesia in international arbitration forums, particularly under the jurisdiction of ICSID (International Centre for Settlement of Investment Disputes). The main focus of this study is on the interpretation of the provisions of Article 2 paragraph (1) in the Indonesia-UK Bilateral Investment Treaty (BIT), which regulates the conditions for the entry of foreign investment in Indonesia. In the Rafat Ali Rizvi case, the arbitration panel decided that the process of entering investment that does not comply with the provisions of the Foreign Investment Law (UU PMA) cannot be included in the scope of the BIT. This study provides important recommendations for Indonesia in re-evaluating the provisions in each BIT involving Indonesia, as well as conducting further studies on ICSID arbitration decisions to understand the interpretation of BIT articles related to jurisdiction and the subject matter. Thus, this study aims to strengthen Indonesia's position in facing investment disputes at the international level
Co-Authors Asril, Juli Bunyamin, Bubun Faisal, Ryan Feri irawan Gunati, Mira Haikal Mubarak Haspada, Deny Herdiyanti, Siti Handayani Permana, Diki Pranadita, Nugraha Priyanto, Eka Respati, Gilang Rosidawati Wiradirja, Imas Ryan Faisal Saputra, Ade Rizki