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Ahmat Salehudin
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Post Graduate Program Faculty of Law, Tadulako University Jl. Sukarno Hatta Km.09 Palu, Central Sulawesi ,Palu 94117 Indonesia
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Tadulako Master Law Journal
Published by Universitas Tadulako
ISSN : 25797670     EISSN : 25797697     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tadulako Master Law Journal P-ISSN: 2579-7670 | E-ISSN: 2579-7697 is published by Postgraduate Program, Law Faculty Tadulako University Palu-Central Sulawesi Indonesia. Tadulako Master Law Journal is an open-access peer-reviewed journal that mediates the dissemination of academicians, researchers, and practitioners in law. The Editorial aims is to offer an academic platform for cross-border legal research in which boundaries of the specific topic issues such as Civil Law, Criminal Law, Constitutional Law, Administrative Law, and International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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TANGGUNG JAWAB PEMERINTAH KOTA PALU TERHADAP PENGELOLAAN LINGKUNGAN PADA SEKTOR PARIWISATA Idris; Jalaludin; Insarullah
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
Publisher : Universitas Tadulako

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The research aims to find out how the responsibility of the Palu government is in managing the environment in the tourism sector, knowing the role of using environmental permit documents in the process of preserving, managing, and monitoring the environment in Palu carried out by business actors in the tourism sector. This research is a normative doctrinal legal research which emphasizes the understanding and study of primary legal materials in the form of legal principles and rules such as laws and regulations and provisions relating to the scope of the problems encountered. The research gathered the data at the Environmental Services Office and Tourism Office Palu. The results of the research show that there are three responsibilities of the government in managing the environment, namely: (1) As a construction maker for implementing environmental management, (2) As a regulator for implementing environmental management, (3) Involving the community directly in managing the environment. Moreover, the role of permit documents is also needed as a form of environmental management and monitoring efforts (UKL-UPL) which has been regulated in Law no. 32 of 2009. Based on the results of the discussion, it can be concluded that environmental management in the tourism sector and its implementation still refers to administrative compliance so that the activities carried out reflect environmentally friendly tourism activities. Based on this, the suggestions that can be given in this research, mainly for the government is to prove its roles and responsibilities in implementing regulation so as not to deviate from existing regulations, both the implementation of permits and compliance in the implementation of the provisions in the implementation of tourism activities in Palu which are in direct contact with environment.
PERTANGGUNG JAWABAN KEPALA DAERAH DALAM RANGKA PENYELENGGARAAN URUSAN PEMERINTAHAN Timumun, Ilyas; Surahman; Asri Lasatu
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
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People's sovereignty in the 1945 Constitution before the Amendment (change) was regulated in article 1 paragraph 2 which states that sovereignty is in the hands of the people and is carried out entirely by the People's Consultative Assembly, the regulation of people's sovereignty in this provision places sovereignty in the hands of the people but its implementation is left entirely to the MPR The third amendment to the 1945 Constitution was the result of the 2001 MPR Annual Session. After the amendment to the 1945 Constitution, article 1 paragraph 2 states that sovereignty is in the hands of the people and is implemented based on the 1945 Constitution, this formulation, if interpreted, means that the highest power is in the hands of the government. or it is based on the will of the people, but the exercise of power is based on the 1945 Constitution, because if people's power is exercised without being based on applicable laws and regulations, it will result in chaotic conditions and threaten the unity and integrity of Indonesia. One aspect of Reform that has received attention Until now it has been a regional autonomy policy issue. Indonesian political perspective After independence in 1945 there were several governments, all of which claimed to be democratic governments. In terms of implementing regional autonomy, regions have rights and obligations which are described in the form of regional income, expenditure and financing which are managed in a regional financial management system efficiently, effectively, transparently, accountably, orderly, fairly, appropriately and in compliance with statutory regulations. -invitation.
PENCEGAHAN PENCEMARAN LINGKUNGAN MELALUI PENGELOLAAN SAMPAH SISTEM REDUCE, REUSE DAN RECYCLE Lukman; Supriadi; Insarullah
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
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The purpose of writing is to find out the efforts of the Palu City Government to involve the community in waste management and to find out the application of Palu City Regional Regulation Number 3 of 2016 concerning Amendments to Regional Regulation Number 11 of 2013 concerning Waste Management, in an effort to prevent environmental pollution caused by waste through landfills. Waste Management Reduce, Reuse and Recycle (TPS3R). The research method uses empirical legal research methods with a Socio-juridical approach (Socio Legal Research), the data sources come from primary data and secondary data. The location of the research was carried out in Palu City, while the sample and location of this research was carried out in the Ulujadi District, Silae Village. The research population consisted of TPS3R waste customers, non-customers, TPS3R officers and the Silae Village Government and the Palu City Environmental Service (DLH). The data analysis used is qualitative. The results showed 1). The existence of the Palu City Government's efforts to involve the community, this still needs to be optimized, because what affects community involvement as waste customers is the lack of waste transport fleet facilities. 2). The effective implementation of Palu City Regulation Number 3 of 2016 concerning Amendments to Regional Regulation Number 11 of 2013 concerning Waste Management, this still needs to be optimized by socializing regulations through banners, billboards and electronic media to the public.
ANALISIS YURIDIS PERKAWINAN DIBAWAH UMUR PASCA BENCANA GEMPA, TSUNAMI DAN LIKUIFAKSI DI KABUPATEN SIGI SULAWESI TENGAH Patiscawaty, Roslinda; Supryadi; Sitti Fatimah Maddulisa
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
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Underage marriage is a marriage carried out by a man and a woman where the ages of both are still below the minimum limit regulated by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage and the prospective bride and groom. They are not ready physically or mentally, and the bride and groom are not yet mentally mature and there is also the possibility that they are not ready in material terms. For this reason, this research aims to determine the factors and impacts of child marriage in Sigi Regency, after the disaster. The research method the author uses is empirical juridical. The results of this research are the factors that cause child marriage in Sigi Regency after the earthquake, namely pre-wedding pregnancy, environment, economy, parents/family, education, culture or tradition and mass media. The impact of underage marriage due to disasters is (1) positive impact: avoiding adultery and reducing the burden on parents. (2) negative impact: psychological maturity has not been achieved, children's rights are not fulfilled, health impacts, increasing divorce rates, and lower living standards. low. This research recommends that minors who decide to marry at an early age are expected to think carefully about their decision before deciding to marry, because building a marriage requires a lot of preparation, both physical, psychological and financial. If you finally decide to get married, it is hoped that you have prepared everything carefully so that the quality of life after marriage is better than before marriage.
ANALISIS YURIDIS TAFSIR KONSTITUSIONALITAS TERHADAP FRASE ORGANISASI ADVOKAT DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2003 Sofyan Joesoef; Idham Chalid; Jalaludin
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
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The purpose of this research is to find out the Constitutional Court's decision on the constitutionality interpretation of the phrase "Advocate Organization" in Law Number 18 of 2003 concerning Advocates which is authoritative in nature as a juridical basis, and the method used is to carry out research which is of a Normative Juridical nature using legal, case (decision), historical and conceptual approaches. Types of legal materials come from primary and secondary legal materials, which are collected by means of literature searches/studies. The analysis technique uses a descriptive analytical method which in the process of drawing conclusions is carried out using deductive logic. The results of this research provide the conclusion that constitutionally the definition given is that the only forum for the Advocate profession as intended in the Law on Advocates is the only forum for the Advocate profession which has the authority to carry out special education for the Advocate profession [Article 2 paragraph (1)], examination of prospective Advocates [Article 3 paragraph (1) letter f], appointment of Advocates [Article 2 paragraph (2)], creating a code of ethics [Article 26 paragraph (1)], forming an Honorary Council [Article 27 paragraph (1)], forming The Supervisory Commission [Article 13 paragraph (1)], carries out supervision [Article 12 paragraph (1)], and dismisses advocates [Article 9 paragraph (1), Law on Advocates]. The constitutional interpretation given by the Constitutional Court is authoritative and must be used as a juridical basis which is coercive and binding.
PERLINDUNGAN HUKUM OLEH PEMERINTAH DI MASA PANDEMI COVID-19 Wahyuni
TADULAKO MASTER LAW JOURNAL Vol 8 No 1 (2024): FEBRUARY
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The importance of legal protection by the government during the Covid-19 pandemic is currently increasingly being felt by the public as elements affected both directly and indirectly. Based on data released by the Ministry of Health of the Republic of Indonesia regarding the soaring spread of Covid-19, the government is increasingly being placed in the position most responsible for legal protection of the rights of its people. With unusual conditions like this, of course the government needs to make extraordinary efforts to address the emergency of Covid-19 transmission by establishing legal regulations and decisions. The government's authority to issue policies is felt to be even more massive when the facts on the ground show conditions of rejection and indifference by the public. This condition ultimately inspired the author to carry out a normative-empirical legal analysis using legal materials and field data and then draw descriptive conclusions. Various efforts and legal steps have been taken by the government, both the central government and regional governments, to overcome the emergency of the Covid-19 outbreak, however, however legal protection efforts are provided without the role and awareness of the community, these efforts will not provide effective results. What we can avoid is when the government then takes firm steps by implementing sanctions for those who are not cooperative, with efforts to increase the legal awareness of the entire community regarding the dangers of this virus so that they actually take action that is in line with efforts to overcome Covid-19.
PERTANGGUNGJAWABAN PIDANA TENTANG PENERAPAN UNDANG-UNDANG MENGENAI PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Riski Ani, Riska
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The problem of this research is what is the legal position of the perpetrator regarding compensation for land acquisition for development for public purposes from the perspective of state financial losses in criminal acts of corruption and what is the form of criminal responsibility of the applicant in cases of land acquisition for development for public purposes from the perspective of criminal acts of corruption. By using normative research methods. Based on the research results, the legal position of compensation for land acquisition for development for matters of general importance, both payment of physical compensation and payment of non-physical compensation, is in accordance with Article 33 of Law Number 2 of 2012 based on the assessment results of the assessment team as a fair and appropriate assessment. The actor's position as the applicant is not as a legal actor in a corruption criminal case. Development for the public interest from the perspective of criminal acts of corruption cannot be subject to criminal liability to the perpetrator because no state losses were found based on the results of the assessment team's assessment as a fair assessment because all payments received, both for physical losses and non-physical losses, totaled Rp. 2,485. ,903,000.00 (two billion four hundred eighty five million nine hundred three rupiah); is in accordance with Article 33 of Law Number 2 of 2012 concerning Land Acquisition for Development in the public interest.
PERLINDUNGAN TERHADAP ANAK MELALUI PENDEKATAN RESTORATIF JUSTICE BAGI KORBAN PERKAWINAN ANAK BAWAH UMUR DALAM PERSPEKTIF HUKUM PIDANA DI KABUPATEN SIGI Julianti Paseru, Ika Sari
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The phenomenon of underage child marriage is seen very often nowadays. The problem of this research is the protection of children through a restorative justice approach to criminal acts of underage marriage in Sigi Regency, and the regulation of criminal law for perpetrators of underage marriage in the context of fulfilling children's rights in Sigi Regency. using empirical research methods. Based on the research results, the protection of children through a restorative justice approach for victims of criminal acts of underage marriage aims to restore the situation to the way it was before the violation of marriage provisions occurred by carrying out or applying the provisions of religious values ​​in restorative justice and customary law values ​​in restorative justice. justice because violations of child marriage meet the material and formal requirements for restorative justice to be carried out, apart from that, it is carried out by determining a dispensation for child marriage and child marriage is a violation of the provisions on child protection, sexual violence, the Criminal Code and the Marriage Law relating to guarantees of children's rights, there is no enforcement The law against child marriage in the Sigi Regency area is due to several factors taken into consideration, such as if the law enforcement process results in the child or both parents being processed by criminal justice, it will result in the continuation of the child marriage, so it is discretionary and restorative justice is carried out. In cases of child marriage, the headman will be subject to administrative sanctions from the KUA Office or the Sigi Regency Ministry of Religion.
EFEKTIPITAS KEBIJAKAN PEMBERIAN BANTUAN PADA NELAYAN TRADISIONAL DAN PENERAPANNYA TERKAIT TINDAK PIDANA DI BIDANG PERIKANAN Akmal Al, Andi
TADULAKO MASTER LAW JOURNAL Vol 9 No 1 (2025): FEBRUARY
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The description of the policy content aspect of this program is not followed by mentoring to fishermen groups and is less supported by human resources, as well as a handful of fishermen who do not heed the restrictions on fishing at sea. The information aspect shows that the fishermen group that manages the assistance lacks sources of information in managing the assistance provided. The support aspect shows that in some areas the fisheries extension officers are less active in providing counseling and assistance to fishermen groups in managing fishing gear assistance and the potential sharing aspect shows that this program has not been followed by clarity on the authority to use the assistance so that the assistance provided cannot be enjoyed by all members of the fishermen group because there are no strict rules governing the use of fishing gear in rotation. Deksripsi aspek isi kebijakan program ini tidak diikuti dengan pembinaan kepada kelompok nelayan dan kurang didukung oleh sumber daya manusia, serta segelintir nelayan yang tidak mengindahkan larangan-larang dalam melakukan penangkapan ikan di laut. Sarana prasarana dan pendanaan yang memadai aspek informasi menunjukkan bahwa kelompok nelayan yang mengelola bantuan kurang memiliki sumber informasi dalam mengelola bantuan yang diberikan aspek dukungan menunjukkan adanya sebahagian wilayah petugas penyuluh perikanan kurang aktif dalam memberikan penyuluhan dan pendampingan kepada kelompok nelayan dalam mengelola bantuan alat tangkap dan aspek pembagian potensi menunjukkan bahwa program ini belum diikuti dengan kejelasan terhadap kewenangan penggunaan bantuan sehingga bantuan yang diberikan tidak bisa dinikmati oleh semua anggota kelompok nelayan karena tidak terdapat aturan yang tegas mengatur penggunan alat bantu perikanan tangkap secara bergilir.
PENERAPAN PRINSIP HAK ASASI MANUSIA DALAM PEMBERIAN REMISI SEBAGAI HAK WARGA BINAAN PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN BERDASARKAN SISTEM PENILAIAN PEMBINAAN NARAPIDANA Makmur
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The problem of this research is how to apply the principles of human rights in granting remission as a right for inmates based on the assessment system for inmate development, and what are the obstacles to inmate development from a human rights perspective in the Class IIB Tolitoli Penitentiary, using normative-empirical research methods. Based on the research results, the right to remission is also a form of respect and appreciation for the dignity and worth of prisoners who have done good through coaching so that they understand human values as the basis of human rights. Remission is in line with the International Covenant on Civil and Political Rights, the Body of Principles for the Protection of Persons Under Any Form of Detention or Imprisonment, Standard Minimum Rules for the Treatment of Prisoners as a form of human rights protection prisoners to foster prisoners. The implementation of prisoners' rights, especially remission in the Tolitoli Class IIB prison, has gone quite well. All prisoners' rights contained in Law no. 22 of 2022 concerning Corrections and human rights that cannot be reduced (non-derogable rights), so that the state has regulated, fulfilled and protected the rights of prisoners relating to the granting of Remissions such as Remissions and Barriers to the development of prisoners from a human rights perspective at the Class IIB Tolitoli Penitentiary , especially limited facilities and infrastructure, limited religious formation and skills, this is due to limited staff and more emphasis on aspects of security and order, but prisoners' rights remain a priority as a form of protection and fulfillment of prisoners' human rights.

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