Joni, Mis
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PENGUSAHAAN HUTAN SECARA BERDAYA GUNA, BERHASIL GUNA, DAN BERDAYA SAING Joni, Mis; Yunita, Anastasia; Renaldi, Rey; Aritonang, Zelot
Yuriska: Jurnal Ilmiah Hukum Vol. 16 No. 1 (2024): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v16i1.2752

Abstract

In carrying out forestry business activities, they should be carried out effectively, efficiently and under control, taking into account the principles of sustainable forest management and increasing their usability, results and competitiveness. One of the key aspects in achieving this is through implementing sustainable and sustainable forest management practices, by paying attention to and maintaining the ecological function of forests, and managing forest resources wisely. The effectiveness of implementing and controlling forestry business activities is also closely related to the government's role as a stakeholder in formulating policies that support sustainable forestry management practices and ensuring compliance with existing regulations. This research was conducted using normative research methods. The research results show that to achieve efficient, effective and competitive forest management, namely; Stakeholders must consistently encourage companies operating in the forestry sector to obtain sustainable forest management certification, such as a Forest Stewardship Council (FSC) certificate or the Program for the Endorsement of Forest Certification (PEFC), which can improve the company's image and open access to the market wider global.Companies must be able to obtain FSC and PEFC certificates as a reference that these companies have fulfilled all the elements of their commitment.
ANALISIS YURIDIS PERMOHONAN PAILIT PT. DUNIA TRANSPORTASI LOGISTIK TERHADAP PT. CAHAYA TIMUR GARMINDO (STUDI PUTUSAN NOMOR 2/PDT.SUS-PAILIT/2024/PN NIAGA SMG) Joni, Mis; Paulina, Viola; Aliya Jovilina, Mazaya
Yuriska: Jurnal Ilmiah Hukum Vol. 16 No. 2 (2024): Agustus
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v16i2.3021

Abstract

Background: The purpose of this research is to determine the legal consequences of applying for a bankruptcy declaration according to Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) and to determine the judge's considerations in the case between PT. Logistics Transportation World (Creditors) to PT. Cahaya Timur Garmindo (Debtor) in Decision Number 2/Pdt.Sus-Pailit/2024/PN Niaga Smg. Research Metodes: In this research, the author uses a normative juridical approach. Findings: The research results show that the legal consequences of applying for a bankruptcy declaration according to Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) include freezing assets, strict supervision of asset management by the curator, and distribution of assets to creditors. Conclusion: The judge's considerations in Decision Number 2/Pdt.Sus-Pailit/2024/PN Niaga Smg are based on the provisions of Article 2 paragraph (1) jo. Article 8 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the conditions of which are (1) the Debtor has two or more creditors; (2) The debtor does not pay at least one debt that is due and collectible; (3) There are facts or circumstances that are simply proven.
PENEGAKAN HUKUM TERHADAP KEGIATAN PERTAMBANGAN BATUBARA TANPA IZIN DI KAWASAN TAMAN HUTAN RAYA BUKIT SOEHARTO Jovilina, Mazaya Aliya; Joni, Mis
Yuriska: Jurnal Ilmiah Hukum Vol. 17 No. 1 (2025): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v17i1.3308

Abstract

Background: Bukit Soeharto Grand Forest Park is a conservation area of ​​64,814.98 ha with rich and diverse natural resource potential so that it requires licensing for business activities that are considered to be able to damage and/or pollute the forest area, but in this area there are coal mining activities without a permit so that they damage and pollute the Bukit Soeharto Grand Forest Park area. This study aims to examine and analyze law enforcement efforts against coal mining activities without a permit in the Bukit Soeharto Grand Forest Park area and examine the inhibiting factors in law enforcement efforts against coal mining activities without a permit in the Bukit Soeharto Grand Forest Park area. Research Metodes: In this research, the author uses a socio-legal research.. Findings: Law enforcement efforts against illegal coal mining activities in the Bukit Soeharto Grand Forest Park area are carried out by the Balai Gakkum LHK Kalimantan as a Civil Servant Investigator and also the UPTD Tahura Bukit Soeharto as a Regional Technical Implementation Unit. The UPTD Tahura Bukit Soeharto in its law enforcement efforts (1) Receives reports from the public, (2) Manages and supervises the Tahura Bukit Soeharto area by conducting patrols in the Bukit Soeharto Grand Forest Park area, and (3) Follows up on public reports and findings of cases in the Bukit Soeharto Grand Forest Park area to the Balai Gakkum LHK Kalimantan. Inhibiting factors in law enforcement efforts include (1) Indications of manipulation in judges' decisions, (2) Legal Regulations in Article 39 letters a and b of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, (3) Protection from irresponsible individuals, and (4) Lack of legal awareness among the community around the Bukit Soeharto Grand Forest Park area.. Conclusion: The results of the study indicate that in law enforcement efforts against illegal coal mining activities in the Bukit Soeharto Grand Forest Park area, there are factors inhibiting law enforcement originating from the legal regulations themselves which are indications of manipulation in the judge's decision against investors, although they are the masterminds behind the illegal coal mining activities, these investors do not act directly in the field so that there can be indications of manipulation in the judge's decision. In addition, the legal regulations in Article 39 letters a and b of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction which regulate the investigation period also affect the case resolution process.