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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
faisal
Universitas Muhammadiyah Sumatera Utara
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Environmental Insurance: Legal Protection and Certainty Mechanism in Recovery of Forest Damage Due to Land Burning Verdinan Verdinan; Adi Mansar; faisal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4344

Abstract

Environmental law enforcement against corporations that commit destruction is constrained by the execution of court decisions to carry out rehabilitation or compensation, where business actors do not intend to implement the decision. Therefore, environmental insurance can be a solution to cover compensation for environmental damage to realize legal certainty. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that the legal basis for environmental insurance is regulated in Articles 42 and 43 of Law Number 32 of 2009 concerning Environmental Protection and Management jo Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management. The implementation of environmental insurance is constrained by insolvency problems by corporations who are required to make a recovery due to environmental damage but are not willing to pay compensation costs. Environmental insurance is a preventive and anticipatory effort as a guarantee to repair and restore the environment damaged by activities or businesses, especially plantations, as well as providing certainty in the enforcement of environmental laws following sustainable development goals.
COMPARATIVE ANALYSIS OF ISLAMIC INHERITANCE LAW ON INHERITANCE RIGHTS IN ACEH, REPUBLIC OF INDONESIA AND PATTANI, SOUTH THAILAND Imam A' Ardhana Lubis; Faisal
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v6i1.4874

Abstract

This study aims to determine the inheritance law systems in Aceh (Indonesia) and Pattani (Thailand), two regions with strong historical, cultural, and Islamic backgrounds. Aceh implements Islamic inheritance law integrated into the national legal system through the Sharia Court, while the Muslim community of Pattani practices Islamic inheritance law in a limited manner within the context of Thailand's secular national law. This study employed qualitative methods with a juridical-normative and sociological approach, through literature review, analysis of legislation, and an examination of social practices. The results show that although both regions adhere to the principles of Islamic inheritance law, there are significant differences in their application and formal legal force. In Aceh, Islamic inheritance law has strong legal legitimacy and is recognized by the state, while in Pattani, its application is more cultural and depends on the agreement of families and religious leaders. This research is expected to contribute to the comparative study of Islamic law and an understanding of the dynamics of the application of Islamic inheritance law in Muslim-majority and minority regions.
Co-Authors Adi Mansar Imam A' Ardhana Lubis Verdinan Verdinan