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Unifikasi: Jurnal Ilmu Hukum
Published by Universitas Kuningan
ISSN : 23545976     EISSN : 25807382     DOI : https://doi.org/10.25134/unifikasi.v11i1.9536
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 15 Documents
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Search results for , issue "Vol 8, No 1 (2021)" : 15 Documents clear
The Position and Function of the Regional Representative Council in Constitutional System of Indonesia According to the Regional Autonomy Laws: A Shift from Legislative to Regional Executive Suparto Suparto
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3577

Abstract

This study aims to determine the position and function of the Regional Representative Council (DPRD) in the constitutional system of Indonesia. The study employed a normative legal approach and was analyzed qualitatively using secondary data. The finding revealed the position and function of the DPRD, an element of regional government administration, is currently regulated in one law, Law no. 23 of 2014 concerning Regional Government which previously regulated in the Law on the MPR, DPR, DPD, and DPRD. The DPRD has been regarded as a regional legislative council. In fact, a country adheres to the Unitary State concept do not familiar with regional legislatures. Even though, there is only one legislative council at the regional center, the DPR RI. In the previous law, Law no. 32/2004 states that DPRD has legislative, budgeting, and supervisory functions. The legislative function of the DPRD has resulted in ambiguity on the DPRD's position, a legislative council or part of the executive branch. This is because the function of legislative is to create laws owned by the legislative council. In this case, the DPR. Meanwhile, the DPRD only has the authority to formulate Perda. Based on Law no. 23 of 2014, the DPRD no longer has a legislative function. It is replaced by the function of forming a regional regulation. The DPRD which has been regarded as a regional legislative council, has begun to shift towards the regional executive
Authority Reformulation Management of Natural and Biological Resources: Conservation District in Probolinggo Indri Fogar Susilowati; Tamsil Tamsil; Elisabeth Septin Puspoayu; Hezron Sabar Rotua Tinambunan
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3932

Abstract

The management of natural and biological resources must be carried out by the central and regional governments to seek financing for development. The management of natural and biological resources should synergize with its preservation and the environment. The common problem encountered when managing natural and biological resources lies in its improper management that caused damage to the environment such as doing disharmonize exploitation with environmental interest. Accordingly, This study employed a sociological juridical study to capture the implications of authority reformulation management of natural and biological resources of the conservation district in Probolinggo. The findings revealed that the management reformulation of Natural and biological resources Management results in the limitation of regional authority in managing their natural resources. This was certainly different from the concept mandated by regional autonomy. Thus, It is feared that this will affect the development plans carried out in the area, affecting the welfare of the community. As a conservation district, Probolinggo Regency has tried to optimize the regional potential in the development of conservation-minded areas. This commitment is written in regional regulations, regulating not only the use of natural and biological resources but the clarity of regional authority in managing these resources as well
The Analysis of Direct Grant Policy in Covid-19 Pandemic in Justice Perspective Muhammad Fakhruddin Zuhri; Fenny Bintarawati; Naili Ni'matul Illiyyun; Daud Rismana
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3572

Abstract

The village is a place where people can live side by side in harmony and peace. This what actually has been aspired by our national law long time ago, that is a society which live in equity and prosperous . Laws are made to regulate and bring justice for all elements of the society. This justice should be able to presented by the policy maker and should be realized because it is awaited by all of elements. Especially in the current situation where the COVID-19 pandemic is occuring across the world which is Indonesia state is also affected. Many people, especially the grassroots got the impact of the COVID-19 pandemic, they lost their jobs, that is very meaningful for them to fullfill their daily needs. The Government through the Ministry of Villages, Development of Rural Regions, and Transmigration in the midst of this situation released a program as one of the solution, that is direct grant (Banyuan Langsung Tunai) arranged through the regulation of the Ministry of PDTT  Number 6 Year 2020. The research methodology used the qualitative methods which produced descriptive data. The results of this study indicated the BLT policy in the midst of the COVID-19 pandemic is an appropriate solution from the government to help alleviate citizen's living cost especially the burden of rural societies who are affected by COVID-19. The BLT policy in the midst of the 19th pandemic has reflected the sense of justice aspired by the law, because actually a law/regulation/policy was made to create justice for humans, and even that policy became a priority in the context of overcoming the COVID-19 pandemic.ame a priority in the context of overcoming the COVID-19 pandemic.
Sustainable Development Based Tourism Governance Development Policy Thariq Farhan Pudianto Prabowo
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3529

Abstract

This study aims to describe tourism governance development policies in Karanganyar Regency and the concept of sustainable development-based tourism policy and governance. The research employed empirical juridical approach. Therefore, this research focused on primary data collected from the interview and observation. In addition, this research was also supported by secondary data collected from literature study. Finally, the data were analyzed qualitatively. The findings revealed that the tourism governance development policies in Karanganyar regency which stated in the laws and regulations are adequate. However, its implementation is not yet running well. Furthermore, the sustainable development-based tourism governance development policy is the state's responsibility. The state acts as the holder of natural resource power and strengthens the community rights as the holders of state sovereignty. In conclusion, the tourism governance development policies in Karanganyar Regency cover environmental-friendly tourism development. However, its implementation has not yet been realized by the government of the Karanganyar regency. Moreover, the concept of sustainable development-based tourism governance development policy is based on the following basic principles, the state’s responsibility as the holder of natural resource power and strengthens the community right as the holders of state sovereignty
The Application of Business Judgment Rule Principles: The Protection for State-Owned Enterprises Directors to Business Risk Failure Anita Kamilah; Trini Handayani
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3927

Abstract

State-owned enterprises have a strategic position in realizing the mandate of the 4th paragraph of the Preamble of the 1945 Constitution. However, the absence of synchronization of laws and regulations in interpreting the  State-Owned Enterprises fund as separated state assets, creates legal uncertainty for the Board of Directors when losses arise due to business risks. This condition raises the issue of the board of directors' responsibilities in managing State-Owned Enterprise's finances. Thus, there is the need to apply the Principles of Business Judgment Rule in protecting the Directors from State-Owned Enterprises losses. The approach employed in this study was juridical normative research. Specifically, this study used descriptive analysis. The data were analyzed qualitatively. The findings revealed: (1) State-owned enterprises have played a role in realizing Indonesian Economic Democracy with their distinctive business characteristics, a profit-seeking company and social services provider to the community; (2) State-owned enterprise's losses are not related to state finances. This is because state equity participation has been transformed into state shares/funds to State-owned Enterprises whose management is based on the provisions of Limited Liability Companies; and (3) The principle of the Business Judgment Rule provides protection for the Board of Directors. It states that they can not be held accountable for the losses in state-owned Enterprises if the management of State Owned Enterprises is based on the following principles: (a) due of care; (b) due of skill; (c) good faith, and (d) for the best interest of the company. In conclusion, BUMN Persero that experiences losses due to business risks cannot be categorized as state financial losses. In addition, according to the principles of business judgment rule, Directors cannot be held accountable

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