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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. 11 No. 01 (2024)" : 7 Documents clear
Preventive Measure and Action towards Livestock disease: Law on Animal Husbandry and Animal Health Budiman, Haris; Yuhandra, Erga; Faisal, Koko Ahmad
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.758

Abstract

The research aims to examine the implementation of Law Number 18 of 2009: Animal Husbandry and Animal Health, the preventive measure, and its action. The urgency of the research is to raise people's awareness of the importance of livestock health and to effectively enforce existing regulation. Thus, the potential impact on human health and the livestock economy could be mitigated. Meanwhile, to collect data, analyse difficulties, and find solutions, the researchers employed empirical-juridical approaches such as surveys, interviews with relevant parties, and field observations in Kuningan Regency. The findings revealed that the Animal Husbandry and Animal Health Law explicitly regulates preventative and remedial measures for livestock diseases, highlighting the role of both national and local governments in advancing animal health. In addition, the government regulation on veterinary authorities’ states all of the topics, including preventive action, livestock traffic, infrastructure, and facilities. The execution of the so-called policies at the regional level reveals a multitude of interrelated barriers. The inability to implement policies can be attributed to a number of factors, including inconsistent regulations between regional and higher levels of legislation, a lack of qualified human resources, inadequate facilities and infrastructure, the effect of local customs and culture, and the quality of community education. To sum up, the investigation has improved our comprehension of the effectiveness of the laws. Yet, to improve the livestock’s health and wellbeing and minimise its disease transmission, it is advised to enhance compliance and best practices related to livestock management.
Balancing Climate Justice with Sustainable Development Needs in A Policy: Questioning about Government Regulations for National Strategic Projects Facilitation Anggraeni , Ricca
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.759

Abstract

The problem is that Government Regulation Number 42 of 2021 on National Strategic Projects Facilitation deals with the concepts of environmental balance and climate change policy. Spatial planning, including marine space, land acquisition, and forestry, should support national strategic projects. On the one hand, the environmental balance must be maintained to mitigate global warming. Government Regulation on National Strategic Projects Facilitation is like a two-edged knife; the balance point must be found so that climate justice and sustainable development can be achieved. Through normative research methods with qualitative data analysis, it was discovered that Government Regulation on National Strategic Projects Facilitation, on the one hand, succeeded in becoming an infectious engine for infrastructure development and development for the welfare of the community, but on the other hand, Government Regulation became a suppressive engine for the community group, the living environment, and spatial balance. Government Regulation on National Strategic Projects Facilitation is not yet on the side of the people and communities most vulnerable to the impact of climate change due to the development of the National Strategic Projects infrastructure to pursue the achievement of the SDGs. Therefore, the pattern of government regulation on national strategic projects facilitation must change, not only to “increase the number of infrastructure developments” but also to improve the quality of human life today and in the future, so that access to SDGs in Indonesia becomes something comprehensive because it does not interfere with achieving other indicators.
Judicial Review of the Obligation to Have an Approval Letter for Sailing in the Crime of Sailing in Indonesia Rifai, Anis; Maguchu, Prosper
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.760

Abstract

Shipping is controlled by the state and carried out by the government. Sailing approval letters can be given by a harbour master to the ship user or owner if the ship has fulfilled several important requirements. The aim of research is to find out how the obligation of a sailing approval letter is regulated and what the legal consequences of not having a sailing approval letter are. Research methods used a normative juridical method with analytical descriptive specifications. The results of the research found that ship sailing is required to have a Sailing Approval Letter issued by the Harbormaster as stated in article 219, paragraph (1), of Law Number 17 of 2008 concerning Shipping. Conclusion: The legal consequences if you do not have a letter of approval from the harbormaster will be threatened with imprisonment and fined as regulated in Article 323 Paragraph (1) of Law Number 17 of 2008 concerning Shipping and Law Number 8 of 1981 concerning Criminal Procedure Law, as well as statutory regulations.
Green Investment as a Guarantee to Protect the Indigenous People’s Rights Listyani, Ajeng Aditya
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.764

Abstract

Investment opportunities are opened as widely as possible to achieve community welfare, including land use mechanisms. However, this endangers the existence of Indigenous People's rights. Indigenous people have limited access to their lives and livelihoods through land use. Therefore, measures are needed to ensure the protection of Indigenous People's rights in line with investment implementation. This research aimed to identify and analyse the concept of green investment and the implementation of green investment as an effort to ensure the protection of the rights of Indigenous People. This research was normative juridical research with a statutory approach and a concept approach. The data used was secondary data obtained from a literature study. The results showed that green investment focuses on how environmental balance is maintained amidst the implementation of investments. The concept of green investment in the land sector was realised by the division of land functions, the use of land in line with regional spatial plans, and the application of environmental insight in land use. In addition, the application of green investment could be a method to protect the rights of indigenous people and ensure the sustainability of economic growth.
Implementation of Precautionary Principles in Environmental Impact Assessment (EIA) in Indonesia Cahyani, Ferina Ardhi; Anditya, Ariesta Wibisono
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.765

Abstract

This study aims to thoroughly examine the implementation of precautionary principles in environmental impact assessment (EIA). In order to achieve the stated objective, a socio-legal study method was adopted. The obtained results showed that in the context of environmental approval requirements in Indonesia, EIA remained a key requirement. Typically, in the process of preparing, implementing, monitoring, and evaluating certain activities to be carried out, the principle of caution is ensured to be upheld optimally. This principle is often introduced to ensure that all projects permitted by the government do not pose a propensity to harm the community. In EIA process, there is an obligation to examine the opinions of individuals who could be directly affected by an activity before its implementation. Despite the effectiveness of this approach, it was observed to still possess certain weaknesses. This includes the fact that even after EIA has passed the assessment phase, continuous monitoring and evaluation are still necessary. The government must ensure that any risks associated with an activity are identified and addressed.
Import Ban Efficacy on Second-Hand Clothing in the Perspective of Regulatory and Sustainable Development Goals Amrullah, Dzikri Anik; Akhmaddhian, Suwari; Yuhandra, Erga
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.766

Abstract

The study aims to analyze the ban's effectiveness on secondhand clothing imports in Kuningan Regency. The study utilized research specifications, an empirical legal approach. The findings revealed that Article 47, paragraph (1), of the Trade Law and Regulation of the Minister of Trade Number 40 of 2022; Amendments to Regulation of the Minister of Trade Number 18 of 2021 ban the importing of used apparel. In addition, the regulation is outlined in Article 69 of law number 32 of 2009; environmental protection and waste management, in fact, are not implemented effectively in Kuningan Regency, and second-hand clothing is related to sustainable development goals number 12, namely ensuring sustainable consumption and production patterns. There are seven thrift shops in the vicinity, but they are disregarded by law enforcement, with no supervision at all. To summarize, Kuningan Regency's local administration lacks a stronger legislative framework for law enforcement. As a result, it is critical to create a regional regulation governing imported used garments, as well as to socialize with business actors and the community.
Legal Politics of Financial Relations between the Central and Regional Governments: Natural Resource Utilization Furqon, Eki; Shodiq, Edi Mulyadi Zafar
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.767

Abstract

Population growth and welfare development in each province, particularly Banten, have been inadequately supported by the management of natural resources. In fact, such conditions are prevalent across Indonesia. Accordingly, the study aims to investigate the regulation of central and regional relations under Law Number 1 of 2022: Financial Relations between the Central and Regional Governments, as well as their Ideal Format based on Natural Resource Utilisation in Banten province. The study employed normative juridical methods. The study took place in Banten Province. The findings are that the financial administration system, regulating central and regional relations, is law number 1 of 2022; financial relations between central and regional governments, which provide regional income sources, manage transfers to regions, manage regional expenditure, give authority to carry out financing regions, and implement national fiscal policy synergies in a fair, transparent, accountable, and harmonious manner. Framework of the Unitary State of the Republic of Indonesia: optimal structure of central and regional relations—the utilisation of natural resources in Banten Province. In particular, the management of natural and other resources, as stated in the Profit Sharing Fund layout, which is standardised in the law on central and regional financial relations, is referred to as implementing regional autonomy through a clustering mechanism between regions while considering the ecological and conditional factors (economic, social, and political conditions). To summarise, harmonisation and coordination between the central and Banten provincial governments are highly required. In addition, the Banten provincial government should immediately issue derivative regulations to facilitate policy implementation.

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