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Hakiki, Imam
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Pengaturan Keterbukaan Pelaksanaan Persidangan Arbitrase (Studi Perbandingan Antara Indonesia Dan Singapura) Arifin, Yusuf; Titania, Titania; Hakiki, Imam
Journal Law and Government Vol 3, No 1 (2025): Februari
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v3i1.29909

Abstract

Arbitration proceedings are conducted in private and confidential, a principle that is universally accepted in arbitration practice around the world. The private nature of arbitration proceedings ensures the confidentiality of the parties' disputes, given that arbitration is a forum for resolving business disputes where the evidentiary process often requires parties to present evidence in the form of business contracts containing company secrets. There are a number of countries that regulate the conduct of arbitration proceedings in an absolute closed manner, such as Indonesia. However, some countries, such as Singapore, regulate the conduct of arbitration proceedings in a non-absolute closed manner. Singapore's regulations allow for arbitration proceedings to be open in certain circumstances. Arbitration proceedings may be open if the parties to the dispute agree to open them. The arbitral tribunal may order arbitration proceedings to be open in disputes involving the public interest. Conducting arbitration proceedings in the open can provide legal protection for the public and fulfill the right to social control over an arbitration dispute involving the public interest. The concept of regulating open arbitration proceedings can be applied in Indonesia to disputes involving the public interest, such as arbitration disputes involving the government, local governments, state-owned company, and regional-owned company (known as BUMN and BUMD).
Politik Hukum Pengelolaan Sampah Dan Penutupan Tempat Pemrosesan Akhir (TPA) Piyungan: Daerah Istimewa Yogyakarta Hakiki, Imam; Kurnia, Resti
Journal Law and Government Vol 3, No 2 (2025): Agustus
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v3i2.34135

Abstract

This research provides an analysis of how the closure of the Piyungan landfill in the Special Region of Yogyakarta on March 5, 2024 marks a crisis in waste management due to the capacity that has exceeded its limits since 2012. Waste management policies that are still oriented towards an end-of-pipe approach have proven unsustainable and require transformation based on the political principles of environmental law. Regulations such as Law No. 18 of 2008 concerning Waste Management and Regional Regulation No. 3 of 2013 have provided a legal basis, but implementation still faces various challenges, including inter-regional coordination, lack of processing infrastructure, and community resistance to the construction of new landfills. This research uses a descriptive qualitative method with a political law approach to analyze the effectiveness of environmental policies in waste management in Yogyakarta. The results show that existing policies have not been able to overcome structural problems in waste management, especially related to the weak synergy between local governments, communities, and the private sector. This study recommends a paradigm shift from a conventional disposal system to a circular approach based on reduce, reuse, recycle (3R) supported by stricter regulations, strengthening economic incentives, and increasing public legal awareness of ecological responsibility 
Konfigurasi Politik Atas Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Hakiki, Imam; Kurnia, Resti
Journal Law and Government Vol 2, No 2 (2024): Agustus
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v2i2.26474

Abstract

This research focuses on examining the character of legal products in the Joko Widodo regime, one of which is Law Number 1 of 2023 concerning the Criminal Code. The problem in this study is that the political situation in a country greatly influences the formation of a law. The research method used in this research is normative legal research that examines legal issues and examines norms, as for what is studied in this study is the character of legal products of Law Number 1 of 2023. This research aims to answer (1) How is the political configuration of the presence of Law Number 1 of 2023 concerning the Criminal Code in law enforcement in Indonesia? (2) What is the character of legal products of Law Number 1 of Year 2023? This research concludes that the political situation can affect the formation of a law. A democratic political configuration will give birth to responsive legal products while an authoritarian configuration will give birth to legal products that are conservative or elitist. In this study, the author assesses Law Number 1 Year 2023 as a responsive legal product, the reform of the Criminal Code is a form of legal development aimed at answering the needs of society.
Co-Authors Kurnia, Resti Titania, Titania Yusuf Arifin