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Suwari Akhmaddhian
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INDONESIA
Unifikasi : Jurnal Ilmu Hukum
Published by Universitas Kuningan
ISSN : 23545976     EISSN : 25807382     DOI : https://doi.org/10.25134/unifikasi.v10i01.740
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Unifikasi: Jurnal Ilmu Hukum, an ISSN national journal p-ISSN 2354-5976, e-ISSN 2580-7382, provides a forum for publishing research result articles, articles and review books from academics, analysts, practitioners and those interested in providing literature on Legal Studies. Scientific articles covering: Sustainable Development Goals (SDGs) Law, Natural Resources Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 10 No. 01 (2023)" : 7 Documents clear
Tourism Law Enforcement in Regional Spatial Planning and Licensing Perspectives Budiman, Haris; Akhmaddhian, Suwari; Agustin, Dela; Bhandari, Rahul
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.740

Abstract

The development of tourism sector in Kuningan Regency is a reflection of the area's progress and development. Considering licensing and spatial planning perspectives, there was a need to investigate the development of tourism sector in Kuningan Regency. Therefore, this study aimed to analyze tourism licensing mechanisms and tourism law enforcement concerning spatial planning and licensing in Kuningan Regency. A socio-legal method was adopted based on studies of various disciplines, such as tourism, economics, and law. The primary and secondary data used were collected through interviews, observation, and literature study. The result showed that licensing mechanism for tourism development in Kuningan Regency was divided into two categories, namely licensing carried out at the Investment Agency and the One-Stop Integrated Service and the Gunung Ciremai National Park Office. This was because Kuningan Regency had an area included in the National Park zone, directly giving licensing process to the Ministry of Environment and Forestry. Preventive law enforcement efforts were carried out by law enforcement officers, including drafting legal opinions, holding meetings, and avoiding violations during licensing process. In conclusion, the policy and the implementation of law enforcement in licensing and spatial planning for tourism development in Kuningan Regency were carried out well by the regional government and law enforcement officers. However, a renewal of the Kuningan Regency Regional Regulation on a Detailed Spatial Planning as a basis for determining licenses was needed.
Judges’ Considerations in Deciding Mangrove Timber Smuggling Cases Ramadhani, Deaf Wahyuni
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.741

Abstract

Mangrove forests in Indonesia constitute 23% of the world’s mangrove ecosystem. This has an impact on the high rate of mangrove production in Indonesia, which triggers export smuggling. In fact, the prohibition on export smuggling has been regulated in Article 102A letter e of the Customs Law. Accordingly, this study aims to analyze the judges’ considerations in deciding mangrove export smuggling cases. This doctrinal legal research applied a case approach and used secondary data obtained from library materials through literature study. The collected data were then analyzed deductively. Analysis of the verdict on mangrove export smuggling cases found that the judges’ considerations had paid attention to the preservation of natural resources but were not yet oriented towards the preservation of the mangrove ecosystem, and the penalties applied were still minimal.
The Implementation of Land Rights Relinquishment Policy for Green Open Spaces Muslikan, Budi Arif; Lisdiyono, Edy
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.742

Abstract

The increased demand for decent housing at affordable prices has provided opportunities for housing development with government subsidies, also well-known as LIC/MBR housing. Low-Income Communities (LIC/MBR) are people who have limited purchasing power, so they need government support to buy housing. This study discusses the importance of land rights relinquishment for green open space so that developers are not only concerned with economic value but also social functions for a green, conducive, and flood-free environment. This study applied a normative juridical research method with analytical descriptive specifications and used secondary data as the main data. Developers’ obedience to providing green open space will have a positive impact, including the maintenance of the housing environment and the fulfillment of green open space in Demak Regency. Thus, by relinquishing the land rights, the green open space cannot be converted as it has been relinquished to the state.
Local Government Policies in the Management of Coastal and Marine Resources Through Community Participation Yuhandra, Erga; Rifa’i, Iman Jalaludin; Hidayat, Sarip
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.743

Abstract

Natural resources are important for national development, specifically when managed effectively to generate foreign exchange. Therefore, this study aims to investigate how local governments and communities utilize and manage coastal and marine resources. It also seeks to identify the primary barriers hindering the use of such resources in achieving environmental sustainability. The study adopted a normative juridical method, focusing on examining and interpreting theoretical aspects related to legal principles, concepts, doctrines, and norms that govern the management of coastal and marine resources. Data analysis used a juridical-qualitative method, combining both descriptive-analytical and prescriptive dimensions. This qualitative method ensured consistency across legal frameworks, with careful attention paid to legal hierarchy and certainty. The process involved reviewing both written and unwritten laws to assess their alignment and legal soundness. Primary legal materials, particularly existing laws and regulations, served as the main data sources for this study. The results showed that the sustainable management of coastal and marine resources necessitates collaborative efforts among all stakeholders. To ensure effective implementation, it was essential to align and harmonize legal instruments issued at both the central and local governments. This coordination was needed to realize an optimal management of coastal and marine resources.
The Role of Village Government in Overcoming Environmental Pollution Caused by Tofu Factory Waste Andri, Muhammad; Rafie, Mohammad; Budiman, Haris; Huda, Afif Ilanul
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.744

Abstract

Environmental problems are inseparable from human activities, which often cause damage to nature and have far-reaching consequences for both human and animal life. This environmental damage is caused by business interests that prioritize profits over responsibility, ignoring the consequences of the production, which can pollute the surrounding environment. Therefore, this research aimed to use a socio-legal analysis and a statutory method by examining the evolution of a pungent odor and damage to the irrigation river ecosystem caused by waste from the tofu factory that operates without a business or environmental permit. The issues raised in the analysis included (1) What is the role of the village government in addressing environmental pollution caused by the tofu factory waste? (2) What efforts had the village government made regarding the environmental pollution from factory waste? In conducting the questions, the authors applied a normative juridical research method. The results showed that the village government played three primary roles in tackling the environmental pollution caused by the tofu factory waste, namely as a facilitator, a motivator, and a mediator. However, this responsibility was limited to a formal existence and guided by the provisions stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH) and Regional Regulation 11 of 2019 concerning PPLH in Nganjuk. Permits served as juridical instruments used by government to regulate activities within society. These instruments were mandatory for all, ensuring that businesses operated within the bounds of legality. By obtaining both a business and the environmental permit, enterprises showed compliance with the law.
Law Enforcement on Criminal Acts of Fuel Oil Distribution Illegally Subsided Surya, Achmad; Suhartini, Suhartini
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.745

Abstract

Misuse of the distribution of fuel oil often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data is obtained through library data in the form of primary legal materials, namely binding regulations, secondary, and tertiary materials. Research results show law enforcement against the illegal distribution of subsidized fuel oil has never been carried out by the Central Aceh Resort Police due to the absence of reports from the public. The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency. First, supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of public fuel filling stations. Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Marine Plastic Pollution Handling Based on International and Indonesian Law to Support Sustainable Development Goals Yuliantiningsih, Aryuni; Suherman, Ade Maman; Jati, Baginda Khalid Hidayat
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.746

Abstract

Due to the increasing level of marine plastic pollution, the handling to preserve and protect the sea is urgently needed. Accordingly, this study discusses the handling of marine plastic pollution based on international and Indonesian law. The normative juridical research method with a statute and analytical approach was used to analyze the secondary data descriptively. Based on the analysis, it was known that the prevention and handling of marine plastic pollution have not been specifically regulated in international law, both in hard law and soft law. Yet, there was a UNEA Resolution 4/15 of 2022 promoting the formation of international agreements to handle plastic pollution. Meanwhile, in Indonesian law, the handling of marine plastic pollution is generally regulated in the Law of the Sea. Specifically, it was regulated in Presidential Regulation No. 2018 on Marine Debris Management, which is complemented by a National Plan of Action from 2018-2025 to reduce up to 70% of plastic debris in the sea. Efforts to prevent and handle marine plastic pollution at international and national levels are in line with the 14th SDG target to protect the sea from pollution.

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