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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 42 Documents
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Reflections on Sundanese Sandekala: Legal Aspects and Environmental Awareness Post-Pandemic Covid-19 Sarip, Sarip; Romdhoni, Ali; Kusuma Dewi, Elya; Syarifudin, Aip
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.907

Abstract

This study aims to examine the legal review of Sundanese local wisdom, specifically the concept of Sandekala traditionally practiced by West Java community. The analysis evaluated the effect of government policies on the implementation of local wisdom values in the context of education, technology, and restrictions during the COVID-19 pandemic, with particular attention to the role in fostering environmental awareness post-pandemic. Moreover, this study examined how these policies complement or deviate from the legal principles underlying local wisdom and environmental sustainability. An analytical method was used to review legal journals and online discussions, investigating how shifts in the understanding and application of local wisdom values have occurred in response to government measures. Furthermore, there are also big myths about these values that cause problems for keeping local wisdom true and useful. The results showed the importance of matching government policies with local values, including Sandekala, as a form of customary law that remains relevant, and ensuring the continuity of inclusive cultural and legal practices while protecting the environment in the post-pandemic context. This study provides valuable insights into how policies can enhance local wisdom and ensure compliance with relevant legal frameworks. In conclusion, keeping local wisdom is not just culture but also part of sustainable and inclusive law in Indonesia. Local wisdom should be kept and studied using science and technology.
Harmonization of Indonesian Aviation Regulations and the Challenges of Implementing Open Sky Policy in ASEAN Single Aviation Market Anugrah, Dikha; Neni Ruhaeni; Neni Sri Imaniyati; Eman Suparman
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.911

Abstract

Regional integration through ASEAN (Association of Southeast Asian Nations) Single Aviation Market (ASAM) is characterized by a complex landscape of opportunities and challenges for Indonesia, particularly considering its status as a vast archipelagic nation with intricate and evolving aviation needs. Therefore, this study aims to comprehensively analyze Indonesian position in ASAM, as well as identify any legal and institutional barriers to the implementation of the Open Sky Policy with a focus on regulatory harmonization in ASEAN aviation sector. It also aims to examine the extent to which domestic policies, specifically those protecting national airlines, interact with regional liberalization efforts. In order to achieve the stated objectives, a normative juridical approach was adopted, incorporating a conceptual and regulatory approach. The obtained results showed that the geographical characteristics of Indonesia, infrastructural disparities, and the tendency toward regulatory protectionism were the primary factors contributing to the caution in liberalizing the aviation market. Despite formal commitment to ASAM agreement, implementation in the field remains uneven due to sectoral interests and limited institutional capacity. Preventive and corrective efforts have been made through gradual policy reforms and bilateral agreements. However, the absence of a binding supranational authority was observed to significantly weaken the enforcement mechanism. Based on the observations made during the course of this exploration, an inference was made that Indonesia plays an essential but cautious role in ASAM, requiring strategic policy synchronization, infrastructure strengthening, and gradual market opening to gain benefits from regional aviation liberalization without sacrificing national interests.
Factors Contributing to the Failure of Environmental Governance in Waste Management at the Regional Level Shabarudin, Shabarudin; Husni Thamrin
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.1023

Abstract

The purpose of this study is to analyze the Implementation of Environmental Governance Policy at the Parit Enam Final Disposal Site in Pangkalpinang and the Factors Contributing to the Failure in Preventing Open Dumping Practices. An empirical approach was used to identify a significant gap between the established waste management policy and its implementation in the field. The methodology combined policy document analysis, field observation, environmental parameter measurement, and in-depth interviews with stakeholders. The results showed that the Implementation of Environmental Governance Policy at the Parit Enam Final Disposal Site in Pangkalpinang was regulated by the law on waste management, government regulations on household waste management, and Pangkalpinang City Regulation on Waste Management. Although the implementation is underway, some obstacles remain. The factors contributing to the failure in preventing open dumping practices originated from a limited operational budget and management infrastructure, weak coordination between related institutions, a low technical capacity among managers, and minimal community participation in waste management. In conclusion, the final disposal site has a significant impact on the quality of groundwater, air, and soil, exceeding environmental quality standards. Leachate contamination was detected in the wells of residents within a 1 km radius of the location. This study recommends improvement in governance through evidence-based policy reform, increased infrastructure budget allocation, technical capacity development, and a participatory approach in an integrated waste management system to address the problem of open dumping at the Parit Enam Final Disposal Site in Pangkalpinang.
Challenges of Implementing Corporate Social Responsibility (CSR) and Sustainable Finance in Financing Companies Pertiwi, Kartika Eka; Dendi Marcello
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.1176

Abstract

This study aims to thoroughly analyze the role of Corporate Social Responsibility (CSR) Regulations in Financing Companies and examine the Implementation of CSR Fund Allocation by these ventures. The exploraion  also aims to comprehensively investigate the Implementation of CSR and Sustainable Finance at PT BNI Finance in the Context of Sustainable Development Goals (SDGs). In order to achieve the stated objectives, a socio-legal study approach based on previous explorations on various disciplines such as tax, economics, and law was adopted. Accordingly, this investigation utilized primary data obtained through interviews and observations, and secondary data gathered from regulations, journals, and reports. The obtained results showed that CSR was an obligation regulated in the Law on Limited Liability Companies and Financial Services Authority Regulation (FSAR/POJK) on the Implementation of Sustainable Finance for Financial Services Institutions, Issuers, and Public Companies. This obligation applies to PT BNI Finance due to the indirect environmental impact of the main business activity, namely vehicle financing. However, a significant discrepancy was found between the planned CSR fund allocation of IDR 65 million in the Sustainable Finance Action Plan and the actual realization of IDR 28.4 million in 2023. Based on the observations made, approximately 66.7% of the implemented programs were philanthropic and not optimally integrated with sustainable finance principles or SDGs. In essence, an inference was made that the implementation of CSR at PT BNI Finance was not optimal, particularly due to the general nature of existing regulations and the absence of specific technical guidelines.
Handling Domestic Violence from the Perspective of Islamic Law and Positive Law in Indonesia Iskandar, Iskandar; Diah Nurafifah; Muhammad Irsan; Hamdan Purnama; Shinta Azzahra Sudrajat; Didin Nurul Rosidin
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.1183

Abstract

The increasing problem of domestic violence has triggered a conflict between the implementation of the Law on the Elimination of Domestic Violence and Islamic values. Differences in interpretation and patriarchal culture hinder law enforcement, making it difficult for victims to obtain adequate protection. Therefore, this study aims to examine the principles of justice, gender equality, and feminist theory using a normative legal method by comparing positive law and Islamic law, as well as a conceptual legislative approach. The data used include primary legal materials, namely the Law on the Elimination of Domestic Violence, the Qur'an, and Hadith, secondary legal materials, including literature and journals, as well as tertiary sources collected through a literature review and analyzed qualitatively. The results showed that domestic violence against women is a violation of human rights, currently recognized as a significant crime through the Law on the Elimination of Domestic Violence. This law provides legal protection for victims and sanctions for perpetrators. Gender-based violence rooted in patriarchal culture perpetuates social inequality and discrimination against women. Islam and feminism make significant contributions by emphasizing the values of equality, justice, and respect in domestic relationships. The synergy between positive law, religious values, and feminist theory can be a strategic step toward eliminating violence and creating a more inclusive society.
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.

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