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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. 02 (2024)" : 7 Documents clear
Legal Consequences of Abuse of Circumstances in Sale and Purchase Binding Agreement on Land and Building Susilowardani, Susilowardani
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.768

Abstract

This study aims at understanding the legal consequences of abuse of circumstances (misbruik van omstandigheden) in sale and purchase binding agreements on land and buildings. This study used a descriptive-analytical method, including the description, explanation, and analysis of the issues that occurred, followed by drawing conclusions to find the correct answers as solutions to the problems being analyzed. The results showed that, in practice, incidents indicating a defect of will, such as fraud and duress, are often encountered. This can be referred to as abuse of circumstances or misbruik van omstandigheden, leading to the issue of the legal consequences of abuse of circumstances in sale and purchase binding agreements on land and buildings. Yet, regulation on misbruik van omstandigheden (abuse of circumstances) has not been established in law. The legal consequence of the transfer of land rights carried out based on abuse of circumstances is a violation of the subjective condition of the agreement, namely the agreement of the parties, so the agreement can be annulled. Considering the numerous cases of abuse of circumstances, the authorities are required to consider and formulate applicable law to further strengthen the doctrine of abuse of circumstances used by judges.
Green Constitutional Paradigm for Sustainable Environmental Development in the Capital of Archipelago: A Comparative Research with France and Ecuadorian Constitution Kusworo, Daffa Ladro; Arsil, Fitra
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.769

Abstract

Green constitution is the solution to various kinds of public concerns related to the decline of environmental functions. Although the 1945 Constitution, attempted to contain articles on the environment, Indonesia was still classified as a country that only regulated it formally. The implication was the inadequate exploration of the National Capital City developed based on the concept of smart forest city. This led to environmental damages in the form of deforestation and lengthy sustainable recovery. Normative methods were adopted to examine the environmental aspects as a state of law. This was further analysed in view of the relevant issues. The 1945 Constitution's accommodation of green constitution was still far behind compared to France and Ecuador, which both constitutionalised environmental law norms. The French constitution, for example, mandated that every draft law produced by its Parliament must follow the provisions and standards stipulated in the Environmental Charter. Additionally, development of National Capital City towards the conditions and threats of environmental sustainability, strengthened the conceptual foundations of related issues.
Social Impact of Converting Rice Field Agricultural Land into Housing Yuniati, Ati; Hamidah, Upik; Nurmayani, Nurmayani; Deviani, Eka
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.770

Abstract

Land conversion refers to the shift in the use or function of land, which has become increasingly common due to population growth and the rising demand for housing, food, and infrastructure. In Pesawaran Regency, particularly in Mada Jaya Village, the conversion of rice fields into housing presents both procedural challenges and significant social impacts. This study examines the process of land conversion and its social consequences, focusing on two key questions: how the conversion process is carried out and what social impacts arise from it. This study applies Talcott Parsons' functional structural theory using the AGIL framework, supported by legal analysis and field studies, to offer practical insights into sustainable land management. The findings reveal that while land conversion should follow legal procedures, such as obtaining a location permit and land use transfer permits, discrepancies occur in practice. Some agricultural land has been pre-filled with soil, classifying it as productive land and making it ineligible for conversion permits. The social impacts include reduced food availability, unemployment, and economic instability, despite some landowners benefiting from land sales. To address these challenges, stricter enforcement of regulations, community participation, and support programs for displaced workers are needed. Economic diversification, such as small business development and agro-tourism, is also recommended.
The Legal Hurdles in Executing Land Dispute Cases in Court Hatta, Muhammad; Anditya, Ariesta Wibisono; Rayhan, Ahmad; Akhmaddhian, Suwari; Anugrah, Dikha
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.771

Abstract

The study aims to critically analyse the regulatory framework governing the execution of civil dispute cases in Indonesia and to evaluate the practical implementation of such executions within the jurisdiction of the Kuningan District Court. The study encompasses an empirical juridical method involving fieldwork that was conducted at the Kuningan District Court. The finding shows the execution of court decisions is governed by various legal provisions, such as Article 27(1) and Article 28D(1) of the 1945 Constitution of the Republic of Indonesia, Article 1365 of the Indonesian Civil Code, Article 196 of the Herzien Inlandsch Reglement (HIR) or Article 207 of the Rechtreglement voor de Buitengewesten (RBg), Article 66(2) of Law No. 3 of 2009 concerning the Second Amendment to Law No. 14 of 1985 on the Supreme Court, Articles 54(2), 54(3), and 55(1) of Law No. 48 of 2009 on Judicial Power, and Supreme Court Circular No. 1 of 2010 regarding Requests for Execution Assistance. Even though its execution process has some issues, the study finalises that the resolution of cases and the enforcement of court decisions are governed by relevant legal regulations. As the legal structures, legal substance, and legal culture put a heavy weight on it, the execution process of land dispute cases at the Kuningan District Court has not yet been optimally implemented. Accordingly, to prevent prolonged execution processes that could drain time, energy, and financial resources, the court is encouraged to adhere to the principle of legal certainty that has legal finality.
Regulation of Forest Police’ Authorities in Enforcing Illegal Logging Law in Mount Ciremai National Park Yudhistira, Donny; Ramadhan, Mahendra Utama Cahya; Furqon, Eki; Akhmaddhian, Suwari; Hidayat, Sarip
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.772

Abstract

This study aims to understand the regulation of illegal logging in Indonesia as well as to analyse the implementation of forest police authorities in combating illegal logging in Mount Ciremai National Park. This study applied a juridical-empirical approach that involves literature study and field research in which the primary, secondary, and tertiary data were collected through observation and interviews. The results indicated that illegal logging is governed in Articles 12, 19, 82, 83, and 87 of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, and the forest police authorities are regulated in Article 51 paragraph (2) of Law No. 41 of 1999 on Forestry and Article 4 paragraph (2) of the Regulation of the Minister of Forestry of the Republic of Indonesia No. P.75/Menhut-II/2014 on Forest Police, which serve as the regulatory framework for forest police in addressing illegal logging in Mount Ciremai National Park. In carrying out his/her authorities, the forest police apply 3 (three) approaches, namely preemptive, preventive, and repressive. Hence, it can be concluded that illegal logging is governed by Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction, and the implementation of forest police authorities in combating illegal logging is carried out through a preemptive, preventive, and repressive approach. Finally, it is suggested that law enforcement officials must be consistent and firm in taking action against illegal logging to create a deterrent effect, and the improvement of facilities and infrastructure is urgently needed.
Government Policy: The Conversion of Protected Forest into Production Forest Pribadi, Riky; Anwar, Chaidar Awaludin; Ferdiansyah, Ferdy
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.773

Abstract

Land disputes involving protected forests and conservation areas have consistently emerged as issues stemming from land utilisation by local communities. The Ministry of Environment and Forestry plays a fundamental role in addressing these conflicts by altering the status of protected forests into production forests. Accordingly, the study aims to analyse the regulatory framework governing the conversion and to evaluate the effectiveness of the authority, local governments, and the Ministry of Environment and Forestry in facilitating the status change. The research employs a descriptive normative legal approach, drawing on empirical data from surveys, interviews with pertinent parties, and field observations in Majalengka Regency, particularly in Nunuk Village (currently Nunuk Baru Village). The research reveals that regulations and the effectiveness of both local government and ministry policies govern the transformation and use of protected forests into production forests. Government Regulation No. 104 of 2015; the Procedures for Changing Forest Area Designation and Function, is a binding regulation that directly addresses the issues. As a result, the residents of Nunuk Village had no grounds to oppose the change. The effective implementation led to the resolution of the land dispute in Nunuk Baru Village, Maja District, Majalengka Regency, between the local community and Perhutani. The residents' struggle to assert their land rights was ultimately victorious, as the Majalengka local government collaborated with the central government to expedite the resolution of the critical issue. In conclusion, the government must prioritise designating production land that can be effectively and sustainably managed by local communities.
Enforcing the Law Against Animal Cruelty Perpetrators: The Animal Husbandry and Veterinary Health Act Setiawati, Dewi; Hidayat, Sarip; Akhmaddhian, Suwari; Budiman, Haris
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.774

Abstract

Violence extends beyond humans, with a troubling increase in cases of animal cruelty. The study aims to critically assess and analyse the enforcement of legal measures against animal cruelty perpetrators in accordance with Law No. 41 of 2014 on Animal Husbandry and Veterinary Health. The study employs a juridical-empirical approach, utilising a descriptive-analytical research design. The research reveals that individuals responsible for animal cruelty can be held accountable under Article 302 of the Indonesian Penal Code, Article 66A of Law No. 41 of 2014 on Animal Husbandry and Veterinary Health, and Government Regulation No. 95 of 2012 on Veterinary Health and Animal Welfare. However, the enforcement of these legal provisions remains suboptimal. It is primarily due to insufficient public awareness of animal welfare, resulting in underreporting of abuse cases, which in turn impedes the effectiveness of law enforcement agencies in addressing the issue. The conclusion reveals that the insufficient public awareness and legal consciousness regarding Law No. 41 of 2014 on Animal Husbandry and Veterinary Health, alongside the prohibition of animal cruelty, has allowed instances of abuse to occur without being reported or addressed, thereby exposing the inadequacy of current law enforcement. It is imperative to reconsider and strengthen the legal framework by imposing more severe criminal penalties on animal cruelty offenders. Moreover, establishing a specialised task force for animal welfare could provide a strategic breakthrough in combating these violations effectively.

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