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Suwari Akhmaddhian
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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 155 Documents
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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.
Legal Analysis of Iron Sand Mining Conflict in Kulon Progo Regency, Yogyakarta Shabarudin Shabarudin; Diding Rahmat
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.6512

Abstract

The facts on the ground show that most mining in Indonesia is carried out using an open pit mining so that it has an impact on environmental damage. This study aims to determine the factors that cause iron sand mining conflicts and develop a concept of iron sand mining conflict resolution in Kulonprogo Regency, Yogyakarta Special Region Province. The research method used is juridical-empirical law research, with a juridical and case approach, which is then analyzed qualitatively. The results in this study are broadly classified as mining conflicts that occurred in Kulon Progo Regency, Yogyakarta Special Region, which can be divided into two, namely nuanced or legal conflicts (legal conflicts) and social conflicts (social conflicts). Then, the conflict resolution was carried out and targeted two things, namely the harmonization of laws and regulations that were related and used directly in the context of iron sand mining in the area. As well as policy making by involving all stake holders (related parties).
Authority of the Environmental Service in Disaster Management Based on the Law on Environmental Protection and Management Suwari Akhmaddhian; Haris Budiman; Erga Yuhandra; Dikha Anugrah; Frisca Meilan Dwi Lestary; Wina Puspasari; Teti Mardiani
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.2469

Abstract

The environment can be a resource or even a hazard when a disaster occurs. Natural disasters as natural phenomena that can occur at any time regardless of day or night with the risk of loss of property to the psyche must be anticipated with disaster management activities in accordance with the Disaster Law in Indonesia. The purpose of this research is to find out and analyze the regulations made by the government in efforts to deal with disasters in Indonesia, especially in Kuningan Regency. The method used in this study is an empirical juridical approach using primary data and secondary data as well as data collection tools used in the form of interviews, observation and literature studies. The results of this study are the implementation of work programs and activities from the Department of the Environment in disaster management based on Law Number 24 of 2007 concerning Disaster Management. The conclusion of this writing is that the arrangements related to disaster management are adequate from the central to the regional level with the Implementation of the Environmental Service in the basic efforts of disaster management that have been carried out but must be further improved. Suggestions for implementing the implementation of the Environmental Service are to cooperate with students to carry out counseling and outreach about environmental preservation in disaster management efforts based on the Disaster Law in Kuningan Regency.
Normative Problems in Settlement of Waste Disputes in Court According to Law Number 18 of 2008 concerning Waste Management Risang Pujiyanto; RB Seno Wulung; Sonny Taufan
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.6726

Abstract

Garbage is something that will always grow along with the rate of population growth. If waste is not managed properly, it will become a problem that often leads to disputes. Dispute resolution regarding waste management is currently regulated in Law Number 18 of 2008 concerning Waste Management, but the norms governing it are still unclear. This research is a type of normative research that is carried out using a statutory approach. The results of the research show that Law Number 18 of 2008 concerning Waste Management does not clearly define Waste Management as one of the parties to a dispute in waste management. This is contrary to the Principle of Clarity of Formula contained in Law Number 12 of 2011 concerning Formation of Legislation as last amended by Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning Formation of Legislation invitation. The unclear definition of Waste Management can ultimately result in legal certainty in waste disputes.
Community Legal Awareness in the Implementation of Land Administration in Tanjung Bunga Village Afdol Tasmara; Susi Fitria Dewi; Maria Montessori; Aldri Frinaldi
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.6296

Abstract

This research is motivated by the low legal awareness of the community in the administration of land administration in Tanjung Bunga Village. This study aims to analyze the mechanism, the causes of the low legal awareness, and how to increase the legal awareness of the community in certifying land. This research is qualitative descriptive research with a case study method. In determining the informants, the researcher used a purposive sampling technique consisting of 27 people, and the data were obtained through observation, interviews, and documentation. All data were tested for validity using Source Triangulation. In the data analysis technique, the researcher uses data reduction (data reduction), data presentation (data display), and conclusion drawing (verification). The results showed that the mechanism used to certify land had three stages, consisting of land registration procedures, time for obtaining certificates, and costs for obtaining land certificates. The factors that cause low public awareness of land certification are based on 3 (three) factors, namely, community confidence, less than optimal socialization methods, and less availability of time from the community. The efforts that have been made are asking for help from the land office to provide socialization to the village community, taking advantage of the free land certificate program from the government, and visiting each resident's house by Tanjung Bunga Village officials. This study concludes that the government's efforts to certify community land still have serious challenges due to the belief factor owned by the community.
Legal Protection of the Defendant’s Property as Evidence in the Trial Process of Corruption Ibnu Kholik; Edi Warman; Dedi Harianto
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.6833

Abstract

Success in eradicating corruption can not only be judged by simply bringing the perpetrators to justice. This success is deemed insufficient if the state losses due to corruption committed cannot be recovered, so that success is considered sufficient, it must be able to confiscate the assets of the accused perpetrators of corruption in the trial, which will later be used as payment of compensation for state losses charged to the Defendant. With the reason for the payment of compensation for state losses, the Defendant's property was then confiscated, both used and obtained from a criminal act of corruption, as well as on the Defendant's property which was obtained not from a criminal act of corruption and has nothing to do with a criminal act of corruption. Corruption crimes examined in this study include corruption cases in the field of natural resources, there are several court decisions in natural resource corruption regarding replacement money. The purpose of this study was to determine the position of the evidence in the trial process and how the legal protection of the defendant's property was used as evidence in the corruption case. This research is descriptive, normative juridical research type through legislation and conceptual approach, using secondary data obtained through literature study and document study, then analyzed qualitatively. The conclusion of this study are that the principle of presenting evidence in court is to support the evidence of the defendant's actions, not to be used as collateral for the execution of the sentence, so that the defendant's property that is not related and is not the result of a criminal act of corruption cannot be used as evidence in court process;
Patterns of Corporate Criminalization as Perpetrators of Environmental Crimes in Nickel Mining Anis Rifai; Aurora Jillena Meliala
UNIFIKASI : Jurnal Ilmu Hukum Vol 9, No 2 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v9i2.7171

Abstract

This study discusses the main issues: first, what is the pattern of punishment for corporations that commit environmental crimes. Related to laws and regulations, in general, laws related to this issue are administrative law and criminal law. First, administrative law related to the concept of pollution and environmental damage by corporations and administrative sanctions. Second, criminal law related to the environment, including corporate criminal acts in the environmental field as stipulated in the criminal provisions of Law Number 32 of 2009 concerning Environmental Protection and Management. The urgency of criminal responsibility for corporations as perpetrators of environmental crimes is because corporate criminal acts in the environmental sector have widespread and complex negative impacts so that they not only cause direct harm to society and the environment but also disrupt the country's financial and economic stability, given the The environmental crimes are committed with economic motives. The pattern of sentencing against corporations that commit environmental crimes in the PPLH Law should contain provisions related to sentencing patterns based on environmental conservation which include aggravation of criminal fines, regulation of the implementation of criminal fines, and sanctions for remedial action due to criminal acts.

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