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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.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 7 Documents
 1 
Search results for , issue "Vol 9, No 1 (2022)" : 7 Documents clear
Legality of the Legal Status of Kratom Plants in Indonesia Avridha Riyanti Maharani; Handoyo Prasetyo
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.5502

Abstract

This research aims to address the following research questions:  Why is kratom plant considered illegal in Indonesia? Is there any legal protection for Indonesian farmers who cultivate kratom plants? This study employed normative legal method combining with a qualitative approach. This method relied on secondary data gathered from books, journals, laws, court decisions, and the internet. The information gathered was about kratom plants in Indonesia. In addition, a legal approach was also involved to review selected kratom plant regulation in Indonesia. The study revealed that the legality use of kratom is governed by the circular letter of the Head of the POM No: HK.04.4.42.421.09.16.1740 of 2016, the prohibition on the use of Mitragyna Speciosa (Kratom) in traditional medicines and health supplements. There are numerous side effects for those who consume the kratom plant, according to its content. Since 2013, it has been classified as an NPS (New Psychoactive Substance) and the National Narcotics Agency in an effort to prevent the spread of Kratom plants in Indonesia. Starting with the issuance of a policy, a total ban effective as of 2022. Farmers who cultivate Kratom Plants must switch crops because kratom is classified as Narcotics─ it cannot be cultivated or traded freely.
Construction of Indigenous Community Gardens by the Company as Land Conflict Resolution Rahmad Hendra; Firdaus Firdaus; Samariadi Samariadi
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.4937

Abstract

The study was conducted in the villages, Bencah Kelubi and Subarak. Both villages have oil palm plantation companies. The study aims to scrutinize the influence of oil palm plantations, particularly the development and efforts in resolving land disputes─ the indigenous people and the so-called company in Kampar Regency. This study employed descriptive analysis involving qualitative patterns. The study revealed some points. In Subarak village, the investor of an oil palm plantation built a garden for indigenous people. In addition, prior to the investment, they apply the principle of Free, Prior, and Informed Consent (known as PADIATAPA). On the other hand, the investors (oil palm plantation companies) did not fulfill the commitment to build gardens for the community. Also, they disregarded the principle of PADIATAPA. In conclusion, employing the PADIATAPA principle at the initial stage could significantly lessen the conflicts between oil palm plantation companies and indigenous people.
The Legal Protection of Jeniper Product Brand Rights Associated with Brands and Geographical Indications Anthon Fathanudien; Suwari Akhmaddhian; Irfan Mochammad Firmansyah
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.3456

Abstract

This study aims to discover the legal protection of trademark rights from its law and geographical indications. In addition, this study also determines the implementation of the trademark law on Jeniper products. This study employed empirical legal approach involving interviews, observations, and literature studies. This study revealed that the legal protection regulation of trademark right is governed by several laws and regulations. This includes trademark and geographical indications Act, Government Regulation of the Republic of Indonesia Number 22 of 2018─International trademark Registration─Protocols Related to the Madrid Agreement on International trademark Registration, and Ministry of Law and Human Rights Regulation Number 67 of 2016─Trademark Registration and Regional Regulation of West Java Province Number 10 of 2018─Intellectual Property Management. Furthermore, the implementation of legal protection, trademark rights of Jeniper products, have been registered at the Directorate General of Intellectual Property Rights of the Republic of Indonesia. Thus, they are legally by the State. In conclusion, the Regional Government of Kuningan Regency lacks a specific Regional Regulation, governing Trademark Rights in Kuningan Regency 
Slums Prevention from A Policy Perspective in Indonesia Maman Sukiman; Deva Fosterharoldas Swasto
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.4975

Abstract

Many studies on aspects of slums area improvement and the causes of slums settlements have been carried out, but studies that focus on aspects of slums prevention are still challenging to find. One reason for the emergence of slums is the Government's failure of policies and their implementation. This article aims to examine the prevention of slums settlements in the policy perspective of Law Number 1 of 2011 concerning Housing and Settlements Areas and the Regulation of the Minister of Public Works and Public Housing Number 14/PRT/M/2018 concerning Prevention and Quality Improvement of Slums. They are analyzed using a qualitative method with a normative juridical approach. The results of the analysis show that the slums prevention policy has several weaknesses; namely, prevention policy should start from planning not directly to control and supervision, slums prevention settlements is still focused on urban areas, slums prevention is not considered urgent, and there are some biases in the prevention of slums measurement of slums criteria which has the potential to make the policy of preventing slums settlements, not on target. For these reasons, the Government needs to make policies that are more operational in preparing plans of slums prevention; considering aspects of the causes of slums in policymaking; synergizing slum area improvement policies with slum prevention policies; campaigning for the importance of preventing slum in both urban and rural areas; refining slums criteria or indicators; involving stakeholders in the formulation and implementation of slum prevention policies; and increasing community social capital.
Law Enforcement Against Environmental Pollution by the Way Kanan District Environmental Service Ati Yuniati; Upik Hamidah; Marlia Eka Putri; Eka Deviani; Sepriyadi Adhan S; Rodhi Agung Saputra
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.5381

Abstract

Environmental management and protection is currently a fundamental problem in Indonesia. The form of environmental protection regulation is Law Number 32 of 2009 concerning Environmental Protection and Management. One form of environmental pollution found in Way Kanan Regency is environmental pollution caused by the manufacture of liquid rubber waste. The research method used is a normative-empirical research method, using a statute approach and an in-depth interview approach related to environmental law enforcement against environmental pollution. The problems that will be discussed in this study are How is Law Enforcement by the Environmental Service against environmental pollution in Way Kanan Regency and what are the inhibiting factors for the Environmental Service in implementing environmental pollution law enforcement in Way Kanan Regency.
Regulatory Policy Model for Ecotourism-Based Heritage Tourism Development in the Old Banten Region Rakhmat Jazuli; Nurikah Nurikah
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.4958

Abstract

The purpose of the research is how is the Regulatory Policy Model for the development of ecotourism-based heritage tourism in the Old Banten Tourism Area? and what is the role of the Government, tourism managers and tourism actors in the development of ecotourism-based heritage tourism in the Old Banten Tourism area?. This research method is using empirical juridical method, which is a research method that uses a juridical approach by analyzing primary data in the form of interviews and questionnaires in the field and secondary data originating from primary legal materials, namely the 1945 Constitution, laws and other regulations in legal studies. . The results of the study are Based on the Decree of the Governor of Banten No. 437/Kep.160-Huk/2018 concerning the Determination of Zoning of the Cultural Heritage Area of the Sultanate of Banten (Banten Lama), based on this decision the model for the development of heritage tourism development based on ecotourism in the Old Banten area refers to the provisions of the Conservation Law. Culture. Based on Article 73 paragraph (3) of Law N0.11 of 2010 concerning Cultural Conservation, the use of cultural heritage areas as tourism areas must pay attention to efforts to protect cultural heritage areas, therefore utilization for tourism must pay attention to the zoning principle so that sustainable tourism goals are achieved
Regional Government Authority in the Implementation of Natural Disaster Management Suwari Akhmaddhian; Teten Tendiyanto; Roni Nursyamsu; Alif Faisal Abdilah; Azmy Sabila Gustianitami
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 1 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i1.6127

Abstract

Natural disasters certainly have negative impact on the environment and society in community health, comfort, and economic conditions. This study aims to asertain and analyze the regulation─regional government service authority in organizing natural disaster management in Indonesia. This study employed empirical legal method involving primary and secondary data and was conducted in Kuningan Regency. The data were collected through interviews, observations and literature studies. The finding revealed the regional government service authority is governed in Article 9 of Law Number 24 of 2007─Disaster Management, Government Regulation of the Republic of Indonesia Number 21 of 2008─the Implementation of Disaster Management, and Regional Regulation Number 6 of 2011─ the Implementation of Disaster Management. Finally, their authority is mostly defined clearly in Law Number 24 of 2007 concerning Disaster Management. This law establishes apparent rules that each duty and function is already appropriate.

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