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Suwari Akhmaddhian
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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. 12 No. 02 (2025)" : 7 Documents clear
Strengthening Social Function of Land Rights to Achieve Justice and Community Welfare Ati Yuniati; FX. Sumarja; Sepriyadi Adhan S; Keysa Bila Aldama
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.910

Abstract

The principle of social function of land rights in distributing agricultural land is major in promoting equitable land use and improving welfare of communities. Therefore, this study aimed to analyze how regulations on land sharecropping agreements are enforced and how social function of land rights is implemented. A socio-legal method was used by reviewing agrarian regulations and presidential instructions, combined with empirical, descriptive, and qualitative juridical data from in-depth interviews with 20 farmers and landowners. The study was conducted in Wono Agung Village, Tulang Bawang Regency, Indonesia. The results showed that regulations governing land sharecropping agreements were reviewed in agrarian regulations and enforced in presidential instructions. The implementation of social function of land rights showed that most sharecropping agreements were informal, without written documents or the presence of witnesses. The lack of a clearly defined duration rendered the agreements susceptible to unilateral termination. Although the sharecropping ratios largely followed the established provisions, namely maro 1:1 for rice and mertelu 1:2 for secondary crops, the calculation of cost was not comprehensive. A low level of community awareness of agrarian regulations had contributed to the continued dominance of customary law. This study assumed that the implementation of social function principle in Wono Agung Village, Tulang Bawang Regency, Indonesia, had not fully complied with formal provisions as well as the principles of agrarian justice. Additionally, the analysis recommended that sharecropping agreements be formalized in written contracts approved by the village head and witnesses. It also showed the need to improve agrarian legal literacy through intensive socialization. Local supervisory institutions should be required to oversee and evaluate the sustainable application of social function principle.
Strengthening Justice and Accountability: The Role of Ombudsman in Monitoring Police Public Services Oktobrian, Dwiki; Natasya, Juliana Dwi; Wiranti , Cece; Sudrajat, Tedi
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1076

Abstract

Public service delivery in police sector of Indonesia is facing a crisis of trust, fueled by widespread reports of maladministration. In this context, social movements such as #PercumaLaporPolisi (Reporting to Police Is Useless) and incidents of police brutality have reinforced perceptions that law enforcement lacks transparency, responsiveness, and accountability. Therefore, this research aims to 1) identify the forms and patterns of maladministration in police public services, and 2) evaluate the role and effectiveness of Indonesian Ombudsman, with a specific focus on West Java Regional Office, to address and prevent maladministration. Document analysis, literature review, and interviews were integrated with key informants using a socio-legal and qualitative method. The results showed that the most frequently reported problems included investigation and prosecution procedures, such as Notice of Investigation Progress, Notice of Investigation Commencement, and Notice of Investigation Completion, as well as initial complaint handling. The issues were largely driven by rigid bureaucracy, resistance to external monitoring, and limited enforcement of Ombudsman recommendations. However, the illegally bound recommendations supported procedural reform. This was evident in the achievement of green zone status for compliance with service standards across all district police offices in West Java by 2024. The objectives of Goal 16 (Sustainable Development Goals/SDGs) were also supported to promote peace, justice, and strong institutions by emphasizing the importance of independent oversight in building accountable and humane police institutions based on public trust.
Challenges and Prospects of Environmental Legal Politics in the Contemporary Era from the Perspective of Fiqh Bi`Ah Ilyas Satria Agung; Parid Sidik
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1154

Abstract

Environmental legal politics is a strategic element, ensuring the sustainability of natural resources and the quality of human life. Therefore, this study aimed to determine and analyze environmental legal politics in the context of regulatory reform, spanning from Environmental Protection and Management Law to Job Creation Law. The analysis also aimed to analyze fiqh bi'ah in relation to regulatory frameworks governing environmental management and preservation. A normative or doctrinal legal research method was applied, using secondary data, consisting of both primary and secondary legal materials. The results showed that 26 Articles (20.4%) were amended, comprising 10 deleted (7.8%) and 4 added (3.1%). Through the perspective of environmental legal politics, the incorporation of amendments to Environmental Protection and Management Law into the framework of Law Number 11 of 2020 on Job Creation showed a shift in legal political orientation from the primum remedium method. The amendments to the a quo Law had weakened oversight mechanisms and formed greater opportunities for environmental damage. The analysis found that the prospect of contemporary fiqh bi'ah should be developed from a conceptual framework into a specific discipline that systematically studies the natural environment. The potential was significant when it was understood as a normative religious concept and incorporated into the public policy system, forming an independent and coherent field of study. Consequently, fiqh bi'ah served as a paradigm for promoting environmental sustainability through an ecologically grounded ethical method rooted in Islamic values. This study assumed that environmental management guided by government regulations could be effectively associated with the principle of fiqh bi'ah.
Legal Formalism in Amendments to Mining Law in Indonesia Suryani, Anna; Darmawan , Iwan; Satory, Agus
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1198

Abstract

Mining law reform is associated with the constitutional mandate of Indonesia, prioritizing social justice and welfare of the people. Therefore, this study aimed to analyze, from both philosophical and constitutional perspectives, the evolution of Indonesian mining law regulations. The analysis also aimed to examine mining law reform as a transition from legal formalism toward a just, sustainable, and participatory constitutional framework. A normative legal process with a doctrinal method was used, which was supplemented by an analysis of legal philosophy through the ontological, epistemological, and axiological dimensions of law. Data sources included statutory regulations, Constitutional Court decisions, and relevant academic literature on law and environment. The results showed that the shift in the new law generated tensions between the logic of centralization and the ideals of democratic resource management. Additionally, strengthening state control was not often accompanied by adequate checks and balances or the protection of community ecological rights. Amendments to Law on Mineral and Coal Mining produced significant philosophical and constitutional implications. As the new law reinforced state control through the centralization of authority, it simultaneously raised concerns about diminishing regional, indigenous, and public participation in natural resource governance. The importance of repositioning mining law as a constitutional instrument capable of ensuring substantive justice, ecological sustainability, and public participation was prioritized. Accordingly, the analysis recommended revising to promote inclusive participation, strengthen independent oversight, and empower the Constitutional Court to uphold the principles of social justice and right to a healthy environment.
Strengthening National Salt Management Policy Through Synchronization of Central and Regional Government Regulations Kuswandono, Agung; Yulianda, Fredinan; Taryono, Taryono; Riani, Etty
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1207

Abstract

National salt management in Indonesia is encountering overlapping regulations between the central and regional governments. Therefore, this study aimed to analyze salt management regulations in Indonesia and examine the reinforcement of the national salt management policy through harmonization between central and regional government regulations. The analysis used a normative legal method, focusing on the analysis of positive legal norms regulating the governance of salt sector in Indonesia. The results showed that salt management regulations in Indonesia comprised multiple legal instruments. The analysis further showed that laws primarily prioritized the protection and welfare of farmers, while government regulations permitted imports, leading to the suppression of domestic salt prices. As laws secured a market for locally produced salt, the ministerial regulation facilitated industry access to imported salt. Government regulations predominantly focused on achieving quantitative self-sufficiency targets, and statutory laws prioritized welfare as well as social protection of salt farmers. Regional regulations protected local salt production, and Minister of Trade Regulation advanced industry interests. This study assumed that salt management regulations were available, but there was a regulatory asymmetry between laws and their subordinate regulations. The analysis recommended the development of an incorporated, participatory, and impact-based grand design for a national salt management policy, ensuring social justice in the governance in salt sector of Indonesia.
The Impact of Armed Conflict on Environmental Damage and Children's Rights Tendiyanto, Teten; Ramdhani, Zulmi; Abdullah, Abdullah
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1212

Abstract

Armed conflict, which is a manifestation of violence and hostility, is a cause of loss of life and material damage, having profound as well as long-lasting impacts on environment. Therefore, this study aimed to analyze how International Humanitarian Law (IHL) addresses environmental protection during armed conflict, with a particular focus on Israel–Palestine context. The analysis also examined how environmental damage affected rights of children. A normative legal method was used, relying on literature as well as existing legal instruments, conventions, and scientific interpretations. The results showed that IHL provided a legal framework to protect environment. Major instruments included Additional Protocol I of 1977 and Environmental Modification Convention of 1977, which prohibited methods of warfare causing widespread, long-term, and severe environmental damage. However, these legal norms are often weak in practice because enforcement was limited and there were no binding obligations for some states. In Israel–Palestine conflict, environmental damage resulting had destroyed ecological infrastructure, cutting off access to clean water, sanitation, health services, and educationm all basic rights protected under Convention on Rights of Child (CRC). Children were particularly vulnerable in this situation, facing higher risks of malnutrition, disease outbreaks, psychological trauma, as well as setbacks in survival and development. This study concluded that the gap between legal norms and practical enforcement undermined both environmental sustainability and the protection of rights of children. Strengthening international accountability mechanisms and improving global cooperation were recommended to make environmental protection during armed conflict a concrete and enforceable responsibility that safeguards future generations.
Effectiveness of Regulations and Institutions for Eradicating Corruption in Southeast Asia: A Comparative Study of Indonesia and Vietnam Hidayat, Sarip; Suwari Akhmaddhian; Erga Yuhandra; Budiman, Haris; Lam Thanh Danh
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1214

Abstract

Corruption is a major problem in Southeast Asia because it slows down economic growth, reduces public trust, and can destabilize governments. Therefore, this study aimed to identify and analyze how corruption is addressed in Indonesia and Vietnam. A socio-legal method was used by combining normative analysis of anti-corruption rules. Data were obtained from statutory regulations, reports from anti-corruption institutions, journal articles, and international sources such as Corruption Perceptions Index. The results showed that in Indonesia, the fight against corruption was mainly led by Corruption Eradication Law and Law on Corruption Eradication Commission. Following the discussion, enforcement was conducted by Corruption Eradication Commission (KPK). In Vietnam, anti-corruption efforts were managed under Law on Anti-Corruption and implemented through institutions such as Government Inspectorate and Central Steering Committee for Anti-Corruption Work. Indonesia had comprehensive regulations and an independent institution that played a significant role in investigating, prosecuting, and adjudicating corruption cases. However, changes made to the law in 2019 were observed by many as weakening the independence and effectiveness of the institution. Vietnam relied on a centralized method led by Communist Party through "Blazing Furnace" campaign, which successfully prosecuted high-ranking officials. Its long-term effectiveness remained questionable due to limited judicial independence and transparency. A comparative analysis showed that Indonesia prioritized the rule of law as well as checks and balances. Meanwhile, Vietnam relied on political consistency and centralized decision-making to eradicate corruption. The analysis assumed that successful corruption eradication depended on the synergy among regulations, independent institutions, and sustained political commitment. These included strengthening the independence of institutions, clarifying the authority of different law enforcement agencies, using digital tools to increase public oversight, improving judicial independence, and inspiring greater participation from civil society to promote government transparency.

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