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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 35 Documents
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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.
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.

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