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All Journal Jurnal Segara Indonesian Cyber Law Review
Wahyudin, Muhammad Nur Hussein
Unknown Affiliation
Earth & Planetary Sciences Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology

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THE EFFECTIVENESS OF ENVIRONMENTAL DISPUTE RESOLUTION THROUGH NON-LITIGATION IN THE TERRITORIAL WATERS AND JURISDICTIONAL WATERS OF THE REPUBLIC OF INDONESIA Mahipal, Mahipal; Wahyudin, Muhammad Nur Hussein; Wahyudin, Muhammad Yuusuf; Arkham, Muhammad Nur; Riadi, Septa; Dewantara, Esza Cahya; Wahyudin, Yudi
Jurnal Segara Vol 20, No 1 (2025): June
Publisher : Politeknik Kelautan dan Perikanan Dumai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15578/segara.v20i1.16149

Abstract

This study aims to examine the effectiveness of the law in resolving environmental disputes through non-litigation mechanism in the territorial waters and jurisdiction of the Republic of Indonesia. This study was conducted by analysing the process and results of handling environmental disputes handled through non-litigation mechanism by the Ministry of Environment (KLH), especially the Directorate of Environmental Dispute Resolution. This study uses a qualitative analysis method with a case study approach involving documentation and interviews with related parties at KLH. The focus of the study is to assess the success of the dispute resolution mechanism through non-litigation, the obstacles faced, and the contribution of legal policies in protecting the environment, especially in waters that have complexities related to the rights and obligations of the state and other actors. The results of this study are expected to provide recommendations for improving the environmental dispute resolution system through non-litigation mechanism in Indonesia, with the aim of increasing the effectiveness of environmental protection in the territorial waters and jurisdiction of Indonesia.
PARTICIPATORY MARINE SPATIAL AUDIT LESSONS FROM BEKASI REGENCY Wahyudin, Yudi; Mahipal, Mahipal; Yusuf, Muhammad Arsjad; Riadi, Septa; Dewantara, Esza Cahya; Arkham, Muhammad Nur; Wahyudin, Muhammad Nur Hussein; Wahyudin, Muhammad Yuusuf; Wahyudin, Adinda Aisyah Puteri
Jurnal Segara Vol 20, No 2 (2025): December
Publisher : Politeknik Kelautan dan Perikanan Dumai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15578/segara.v20i2.19530

Abstract

Marine spatial management in coastal areas faces increasing challenges related to conflicts over space utilization and zoning violations that are often not detected at an early stage. This study aims to analyze the effectiveness of participatory marine spatial audits as an instrument for the early detection of conflicts and zoning violations, as well as to derive policy lessons from their implementation in Bekasi Regency. The study employs a participatory qualitative approach involving pentahelix stakeholders, including academia, government, the private sector, media, and coastal communities. The audit process was conducted through a collective assessment based on three main criteria: (i) conflict and risk, (ii) legality and compliance, and (iii) the suitability of the social-ecological system.  The audit results show an aggregate score of 3.08, categorized as “moderately compliant/requiring capacity building,” indicating that marine space utilization is relatively controlled but still requires strengthened governance. The participatory marine spatial audit proved effective in revealing latent conflicts, gaps between regulations and actual practices, and the influence of socio-economic factors on zoning compliance. Respondent characteristics, such as institutional background, age, education level, household size, and income level, were found to influence perceptions and audit assessment outcomes.  This study concludes that participatory marine spatial audits function not only as a technical evaluation tool but also as a mechanism for social learning and policy capacity building. Integrating marine spatial audits into local policy cycles has the potential to enhance early conflict detection, improve zoning compliance, and support sustainable and equitable marine spatial management.
Ratio Decidendi Judge's Decision in Case Cancellation Marriage : Antinomy between Justice and Legal Certainty at the Cibinong Religious Court Wahyudin, Muhammad Nur Hussein; Hakim, Uu Lukmanul; Sitorus, Charles Sugiarto; Mahipal, Mahipal; Asrun, Andi Muhammad
Indonesian Cyber Law Review Vol. 2 No. 2 (2025): Indonesian Cyber Law Review
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/iclr.v2i2.20

Abstract

Marriage annulment cases in Indonesia often reveal a fundamental tension between the principles of legal certainty and substantive justice, particularly in religious courts where statutory norms intersect with moral and cultural values. This study focuses on the annulment case Number 7584/Pdt.G/2021/PA.Cbn at the Cibinong Religious Court, where the judge’s decision prioritized a strict textual interpretation of the law, emphasizing legal certainty while potentially overlooking the moral and social harm experienced by the plaintiff. The purpose of this research is to analyze the ratio decidendi underlying the decision, examining how the balance between justice and legal certainty is operationalized in judicial practice. Using a juridical-normative approach, this study draws on statutory, conceptual, and case-based analyses supported by primary and secondary legal materials, including court decisions and relevant literature. The findings indicate that the court’s reasoning reflects a firm adherence to positive law, defining fraud narrowly in line with the Marriage Law and the Compilation of Islamic Law, and excluding failure to fulfill a dowry promise as a ground for annulment. While this ensures consistency, it limits judicial flexibility to address substantive justice. The implications of this study are twofold: first, it underscores the need for progressive interpretive methods, such as hermeneutic and teleological reasoning, to harmonize legal certainty with justice; second, it provides practical recommendations for judicial training, legislative reform, and scholarly frameworks that integrate maqasid al-shariah with positive law to guide future decisions.
Co-Authors Asrun, Andi Muhammad Dewantara, Esza Cahya Hakim, Uu Lukmanul Mahipal Muhammad Nur Arkham Riadi, Septa Sitorus, Charles Sugiarto Wahyudin, Adinda Aisyah Puteri Wahyudin, Muhammad Yuusuf Yudi Wahyudin Yusuf, Muhammad Arsjad