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M. Yanto
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Position of the Village Regulations in the Legal System in Indonesia Isnaini, Enik; M. Yanto; Ramadlan, Muhammad Andika
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.366

Abstract

ABSTRACT One of the principles of the rule of law is that governance must be based on the provisions of laws and regulations, including governance in villages must be implemented based on Village Regulations. Village Regulations are legal products in the village that are stipulated by the Village Head with the approval of the Village Consultative Body (BPD). As a legal product of the village, Village Regulations are used as the basis for organizing village governance. The type of research conducted is normative juridical with a statutory approach and a conceptual approach. The position of village regulations based on the provisions of Article 8 paragraphs (1) and (2) of Law Number 12 of 2011, is one type of statutory regulation, and its existence is recognized. And has binding legal force as long as it is ordered by higher statutory regulations or formed based on authority. The implementation of village governance must be implemented based on Village Regulations and other statutory regulations. Village regulations are formed as the basis for organizing village governance, one of which concerns the Village Revenue and Expenditure Budget (APBDes) which must be stipulated by Village Regulations. Village regulations are formed to be used as the basis for implementing development and implementing activities. others in the village so that Village Regulations exist in the implementation of village governance.
Legal Analysis Of Land Dispute Settlement In Tlogoretno Village Based On Restorative Justice M. Yanto; khitam, Muhammad chusnul; Wulandari, Rosy Dwi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.335

Abstract

ABSTRACT Land disputes in Indonesia, including in Tlogoreto Village, are complex and often protracted problems when resolved through conventional litigation. The lengthy and costly legal process makes alternative approaches, such as Restorative Justice, an increasingly relevant solution. Restorative Justice emphasizes the restoration of relations between the parties to the dispute through dialogue and mutual agreement. In this context, the restorative approach is expected to be able to provide a more effective and harmonious settlement of land disputes in Tlogoreto Village. This study uses a normative juridical method with an analysis of applicable laws and regulations, as well as legal doctrines related to land dispute resolution and the application of Restorative Justice. The Restorative Justice approach in resolving land disputes in Tlogoreto Village focuses on mediation involving all parties to the dispute, as well as community leaders as mediators. This process aims to reach a fair agreement for all parties, by prioritizing the restoration of social relations. The analysis shows that the application of Restorative Justice is more effective in reducing tensions and producing sustainable solutions than resolving disputes through the courts. However, the challenge in applying this method lies in the lack of public understanding of Restorative Justice and the limited formal recognition of the results. Restorative Justice offers an alternative to resolving land disputes that is faster, cheaper, and able to improve relations between the parties to the dispute in Tlogoreto Village. This approach is in line with the principle of restorative justice which focuses on recovery rather than punishment. Although its application has not yet been fully formally recognized in Indonesia's legal system, Restorative Justice can be an important step in land dispute settlement reform, especially at the local level.
The Existence of Indigenous Youth on the Credibility of Customary Law Instruments Tjahjani, Joejoen; M. Yanto; Rupawanti, Nadia
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.336

Abstract

ABSTRACT At the regional level, the government's commitment to the formation of Regional Regulations on the recognition of indigenous peoples as one of the customary law instruments is still low, customary law instruments should be able to form binding forces and provide justice for indigenous peoples. In this case, the existence of indigenous youth is urgently needed in decision-making and their dedicated efforts in climate action, the search for justice, and the creation of intergenerational relationships that preserve their culture and traditions. Indigenous youth are very strategic in mapping customary territories, advocating for policies and succeeding in the management of customary territories based on the culture and wisdom traditions of indigenous peoples. The existence of indigenous youth as the next generation greatly determines the credibility of customary law instruments.
Legal Regulations Regarding Online Donation Management Through Platforms Nayasari, Dhevi; M. Yanto; Muhibbulloh, Muhammad Za'im; Melvi, Ardita
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.391

Abstract

The development of digital technology has driven changes in various aspects of life, including in fundraising activities or online donations which are now widely carried out through various digital platforms, but this convenience also poses challenges in legal protection, transparency and accountability of donation management. Along with technological advances, fundraising activities can now be done via the internet. In this online donation process, donations given by donors are not directly received by the beneficiaries, this opens up opportunities for Platform organizers and Campaigners to commit acts of misuse of funds. Therefore, this study will discuss how the legal regulations regarding the management of online donations through platforms and how legal sanctions are imposed on platforms for embezzlement of online donation funds in Indonesia from the perspective of civil law, criminal law and government supervision of online fundraising activities. This study uses a normative legal method, is descriptive analysis, with a statutory approach. The results of the study show that; online donation management is regulated in general regulations, the legal materials used are primary legal materials including: Law Number 9 of 1961 concerning the collection of money or goods, Law Number 11 of 2008 concerning transactions and electronics, Law Number 15 of 2002, Law Number 27 of 2022, Government Regulation Number 29 of 1980 and Regulation of the Minister of Social Affairs Number 28 of 2021. These regulations have not fully regulated specifically regarding online donations. Meanwhile, legal sanctions for misuse of funds from online donations through platforms include civil and administrative criminal sanctions in accordance with Article 372 of the Criminal Code and Article 1365 of the Civil Code.
Co-Authors Isnaini, Enik Khitam, Muhammad Chusnul Melvi, Ardita Muhibbulloh, Muhammad Za'im Nayasari, Dhevi Ramadlan, Muhammad Andika Rupawanti, Nadia Tjahjani, Joejoen Wulandari, Rosy Dwi