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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. 02 (2023)" : 7 Documents clear
The Effectiveness of the Implementation of Occupational Health and Safety (OHS) in Indonesian Medical Personnel During the COVID-19 Firdaus, Sunny Ummul; Wiwoho, Jamal; Hidayat, Muhamad Alief
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.749

Abstract

This research aimed to explain the effectiveness of legal protection for medical personnel, specifically in implementing Occupational Health and Safety (OHS) during COVID-19 period. The number of cases in Indonesia certainly affected the implementation of OHS for medical personnel. The initial year of the pandemic experienced various challenges concerning the availability of medical personnel, instruments, and components crucial for supporting the implementation of OHS protocols, as well as the overall condition of COVID-19. OHS accommodation for medical personnel was listed in various laws and regulations in Indonesia. Socio-legal research methods were used to deliver a detailed investigation into the legal landscape of the laws and regulations governing the implementation of OHS. The results showed that the efficacy of the implementation and adherence to 'das Sollen' and 'das Sein' legal stipulations was considered regarding the integration of OHS in conformity with legal regulations. Therefore, there is a need for synergy among the government, hospitals, healthcare workers, and relevant parties to ensure the implementation of OHS protection for medical personnel and the potential new mutated viruses in Indonesia.
Transboundary Haze Pollution in Indonesia and Malaysia in the Perspective of Islamic Law and International Environmental Law Hamim, Thoat; Muslih, Muhamad; Furqon, Eki
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.750

Abstract

The background of the research is that cross-border haze pollution that hits Indonesia and Malaysia occurs almost every year, and this problem has not been resolved from the past until now. Humans, as the caliphs of Allah SWT on earth, are still unable to maximise their duties in preserving nature, forests, and the environment. The aim of the research is to find out the latest issues in the problem of cross-border haze pollution in Indonesia and Malaysia so that we can analyse solutions according to Islamic law and international environmental law. The research method used is normative juridical with a statutory approach, a concept approach, and a case approach. Using qualitative descriptive methods. The results of the research are that the management of natural resources is not in accordance with the principles of international law, causing air pollution, which has a negative impact on Indonesia and Malaysia. The research conclusion is that the biggest factor triggering the problem of smoke pollution is forest and land fires, which are mostly caused by human actions. Law enforcement in preventing and taking action against perpetrators is still not effective, especially since there is interference from powerful elements who take part. The research suggestion is that society, in its role as caliph, must be able to act wisely and judiciously in managing the natural wealth on this earth so that environmental sustainability will be maintained. The government must be proactive in collaborating with neighbouring countries in overcoming the haze problem.
Legal Responsibility for Environmental Damage Caused by Russian and Ukrainan Wars: International Humanitarian and Criminal Law Perspectives Romdoni, Rafi Nasrulloh Muhammad
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.751

Abstract

Not only inflicted human casualities, the war between Russia and Ukraine, also injured the environment. Russia's discriminating attacks on essential objects such as gas, energy, oil, and mining infrastructure become the most significant root cause. UNEP affirmed that the attacks resulted in widespread water, soil, and air pollution, as well as a significant deterioration in Ukraine's ecosystem stability. Accordingly, the study intends to examine the framework of international humanitarian and criminal law, specifically in terms of environmental protection, as well as to analyse accountability before the International Criminal Court. The study employed a doctrinal method involving a statutory and conceptual approach. In this case, relevant legal instruments such as the 1949 Geneva Conventions and their Additional Protocols, as well as the Rome Statute, were being examined. Furthermore, the study is also certified by the evolution of legal doctrines in books, journals, and other credible sources. According to the findings, humanitarian law, which is underpinned by customary international law, protects the environment slightly better than international criminal law. In short, the state bears multiple duties for environmental damage caused by the outbreak of war. Individual accountability before the ICC, on the other hand, is being overlooked. It is due to the Rome Statute's flaws, which include vagueness in the formulation of the articles, stringent standards for proof of environmental damage, and bias in proving mens rea. As a result, improvements in the enforcement of international crimes (war crimes and related types) that cause environmental damage are urgently required.
Bioremediation in Upstream Oil and Gas Enterprises: Indonesian Environmental Law Perspectives Rayhan, Ahmad; Ramadhan, Mahendra Utama Cahya; Sihotang, Tigor Boris Yudha Prakasa
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.752

Abstract

There have been changes in environmental management since the enactment of Law Number 11 of 2020 on Job Creation, particularly in bioremediation—upstream oil and gas enterprises. It is intriguing since the process includes a natural way of cleansing tainted oil in the water without harming the ecosystem. The study aims to examine the implementation of bioremediation in upstream oil and gas activities under Indonesian environmental law. The study also employed a normative juridical or doctrinal approach. According to the findings, bioremediation is being carried out under a profit-sharing contract with SKK Migas (Special Working Unit for Upstream Oil and Natural Gas Business Activities) acting as the implementing agency. The legal relationship position of an oil and natural gas mining company, specifically in bioremediation, is in the government and corporate accountability to carry out the program, referring to production-sharing contracts—cooperation contracts and applicable statutory provisions. To summarise, all parties, including national and regional governments, communities, and oil and gas companies, must implement ecologically friendly protection such as bioremediation.
Regulation of Physical Data on Land Destroyed by Natural Disasters Anugrah, Dikha; Dialog, Bias Lintang; Akhmaddhian, Suwari; Gustianitami, Azmy Sabila
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.753

Abstract

Natural disaster has a multifaceted impact on the environment, the land, for instance. The demolition of land boundaries and the loss of legal footing ownership are intricate problems surrounding reconstruction. Not to mention the massive losses suffered by citizens as a result of natural disasters that exacerbate the situation. The study employed a socio-legal method, referring to library sources such as books, journals, statutory regulations, and literature reviews. According to the findings, tangible data on destroyed land caused by natural disaster is fairly organised. Furthermore, the legal position of land rights affected by an earthquake is not removed; nonetheless, the abrasion-caused is discarded. Accordingly, the government, notably the National Land Agency, should create regulations that control and streamline the procedure for victims who have lost their civil rights, land boundaries, or disasters that have been lost or cannot be recognised.
Land Dispute Resolution: Village Deliberation and Consensus to Establish Public Order Gunawan, Yoga; Dialog, Bias Lintang; Fitriana, Diana
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.754

Abstract

Land disputes are common in society, and the village head, as witnessed by the family, resolved the matter in congruence with the parties' will and good intention. Purpose: to investigate the arrangement of land dispute resolution in Indonesia and to investigate its application through consensus deliberation in villages to realise public order. Methodology: a socio-legal approach involving primary data gathered from the interview. Furthermore, the study was also conducted in Kuningan Regency. Findings in Indonesia, land dispute resolution has been completely regulated, ranging from laws to derivative regulations, and is carried out through community discourse and consensus. However, the deliberation method is more common than going to court. The deliberations include bringing the parties together; if peace arrangements can be made, they will be made. It can, however, only function optimally if both sides (the family and the community) agree to deliberate. The method is thought to be more efficient in terms of time, cost, and mechanism.  Conclusion: In the village, there are two procedures for resolving land conflicts through consensus deliberation: mediation and family negotiation. Recommendation at the village level, it is critical to provide a legal framework for deliberation so that the outcomes are more equitable and mutually beneficial to all parties.
The Regulation of Legal Responsibility: Illegal Logging Perpetrators in Indonesia and Nigeria Akhmaddhian, Suwari; Okolie, Ugo Chuks; Hidayat, Sarip; Andriyani, Yani; Tiaranita, Intan
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 02 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i02.755

Abstract

The study aims to analyze the offenders of illegal logging in Indonesia and Nigeria from their legal liability regulations. The study employed a socio-legal approach involving literary analyses of legal materials used—the statutory regulations, scientific journals, and other pertinent documents. The results show that legal responsibility for illegal logging perpetrators in Indonesia is under the Law on Forestry, the Law on Prevention and Eradication of Forest Destruction, and the Law on Job Creation. In Nigeria, it is governed by several states, such as the Edo State Forestry (Amendment) Law 2002, the Cross River State Forestry Commission Law 2010, and the Taraba State Forestry Law 2010. Finally, the legal responsibility for illegal logging has been established in both countries. Accordingly, the Indonesian government is suggested to disseminate the latest laws and regulations so that the public and corporations are aware of them. Meanwhile, the Nigerian government is expected to immediately issue nationwide legislation on illegal logging so that law enforcement is not relied solely on the requirements of each state.

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