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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
 12   13   14   15   16 
The Responsibilities of Regional Water Supply Companies in Fulfilling Clean Water Needs are Associated with the Limited Liability Company Law Dikha Anugrah; Suwari Akhmaddhian; Indah Maulani Putri
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.v9i2.6809

Abstract

The management of drinking water at the district or city level can take the form of a regional drinking water company (PDAM) and even in some districts or cities, now the regional drinking water company has changed its name to the regional public drinking water company (Perumda Air Drinking). Given the significant importance of the responsibility of the Regional Drinking Water Company (PDAM), the Regional Company must work professionally and efficiently in carrying out its business. The purpose of this research is to examine and examine how the regulation and implementation of the accountability of the Regional Public Water Company in meeting the demand for clean water in Kuningan Regency is related to regional regulations and Law no. 40 of 2007 concerning Limited Liability Companies. This research method uses an empirical juridical approach and collection techniques with primary, secondary and tertiary data, as well as data collection tools by means of observation and interviews, qualitative data analysis. The results of the study show that the Regional Water Supply Company in Kuningan Regency has implemented corporate social responsibility to the community in tackling the clean water crisis by providing assistance to fulfill clean water through tanker services as well as providing compensation in the form of cost reductions and providing a means for complaints to the public for services , making efforts to obtain new water sources and guarding and caring for a number of springs in Kuningan Regency carrying out a program of replanting tree species as a source of underground water storage. 
Local Government Policies in the Management of Coastal and Marine Resources Through Community Participation Erga Yuhandra; Iman Jalaludin Rifa’i; Sarip Hidayat
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.7539

Abstract

Natural resources have a significant role in supporting national development as a good natural resources management will generate foreign exchange for the country. This study aims to analyze the local governments’ and communities’ efforts in utilizing and managing coastal and marine resources as well as to find out the inhibiting factors in the utilization of coastal and marine resources to achieve environmental sustainability. The method used in this study was normative juridical research method, in which the study was carried out by examining and interpreting theoretical matters on principles, conceptions, doctrines, and legal norms relating to the management of coastal and marine resources. Meanwhile, the data analysis used was a juridical-qualitative analysis, where the analysis describes descriptive-analytical and prescriptive. The qualitative analysis, that is descriptive and prescriptive in nature, was carried out by ensuring that laws do not conflict with one another, paying attention to hierarchy and legal certainty, and examining both written and unwritten laws. Then, the type of data used in this study was primary legal materials in the form of laws and regulations. The results of the analysis showed that the management of coastal and marine resources must be carried out collaboratively between all parties to create an environmental sustainability-based management, and a synchronization and harmonization of legal products made by the central and local governments is needed to realize an optimal management of coastal and marine resources.
Tourism Law Enforcement in Regional Spatial Planning and Licensing Perspectives Haris Budiman; Suwari Akhmaddhian; Dela Agustin; Rahul Bhandari
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.4288

Abstract

The increasing development of the tourism sector in Kuningan Regency reflects the progress and development of the area. By looking at the licensing and spatial planning perspectives, a study on the development of the tourism sector in Kuningan Regency is needed. Hence, this study aims to analyze tourism licensing mechanism and tourism law enforcement concerning spatial planning and licensing in Kuningan Regency. This study applied an empirical juridical research method in which the primary and secondary data used were collected through interviews, observation, and literature study. As result, it was found that the licensing mechanism for tourism development in Kuningan Regency is divided into two categories, namely licensing carried out at the Investment Agency and One-Stop Integrated Service and the Gunung Ciremai National Park Office. It is because Kuningan Regency has an area included in the National Park zone, so the licensing process should directly go to the Ministry of Environment and Forestry. Preventive law enforcement efforts have been carried out by law enforcement officers, including drafting legal opinions, holding meetings, as well as avoiding violations during the licensing process. Thus, it can be concluded that the policy and the implementation of law enforcement in the licensing and spatial planning for tourism development in Kuningan Regency are carried out well by the Regional Government and law enforcement officers. Yet, a renewal on Kuningan Regency Regional Regulation on a Detailed Spatial Planning as a basis for determining licenses is needed.
Marine Plastic Pollution Handling Based on International and Indonesian Law to Support Sustainable Development Goals Aryuni Yuliantiningsih; Ade Maman Suherman; Baginda Khalid Hidayat Jati
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.7498

Abstract

Due to the increasing level of marine plastic pollution, the handling to preserve and protect the sea is urgently needed. Accordingly, this study discusses about the handling of marine plastic pollution based on international and Indonesian law. The normative juridical research method with a statute and analytical approach was used to analyze the secondary data descriptively. Based on the analysis, it was known that the prevention and handling of marine plastic pollution have not been specifically regulated in international law, both in hard law and soft law. Yet, there was a UNEA Resolution 4/15 of 2022 promoting the formation of international agreements to handle plastic pollution. Meanwhile, in Indonesian law, the handling of marine plastic pollution is generally regulated in the Law of the Sea. Specifically, it was regulated in Presidential Regulation No. 2018 on Marine Debris Management which is complemented by a National Plan of Action from 2018-2025 to reduce up to 70% of plastic debris in the sea. Efforts to prevent and handle marine plastic pollution at international and national levels are in line with the 14th SDGs target to protect the sea from pollution.
Judges’ Considerations in Deciding Mangrove Timber Smuggling Cases Deaf Wahyuni Ramadhani
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.7499

Abstract

Mangrove forests in Indonesia constitute 23% of the world’s mangrove ecosystem. This has an impact on the high rate of mangrove production in Indonesia which triggers export smuggling. In fact, the prohibition on export smuggling has been regulated in Article 102A letter e of the Customs Law. Accordingly, this study aims to analyze the judges’ considerations in deciding mangrove export smuggling cases. This doctrinal legal research applied a case approach and used secondary data obtained from library materials through literature study. The collected data were then analyzed deductively. Analysis of the verdict on mangrove export smuggling cases found that the judges’ considerations had paid attention to the preservation of natural resources, but were not yet oriented towards the preservation of mangrove ecosystem, and the penalties applied were still minimum.
The Implementation of Land Rights Relinquishment Policy for Green Open Spaces Arif Budi Muslikan; Edy Lisdiyono
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.6927

Abstract

The increased demand for decent housing at affordable prices has provided opportunities for housing development with government subsidies, or well known as LIC/MBR housing. Low-Income Communities (LIC/MBR) are people who have limited purchasing power, so they need government support to buy housing. This study discusses the importance of land rights relinquishment for green open space so that developers are not only concerned with economic value but also social functions for a green, conducive, and flood-free environment. This study applied a normative juridical research method with analytical descriptive specifications and used secondary data as the main data. Developers’ obedience to providing green open space will have a positive impact including the maintenance of the housing environment and the fulfillment of green open space in Demak Regency. Thus, by relinquishing the land rights, the green open space cannot be converted as it has been relinquished to the state.
The Role of Village Government In Overcoming Environmental Pollution Caused by Tofu Factory Waste Muhammad Andri; Mohammad Rafie; Haris Budiman; Afif Ilanul Huda
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.7079

Abstract

Environmental problems cannot be separated from human activities themselves which cause damage to nature and has very broad consequences for human and animal life. Environmental damage is caused by a business that is only concerned with profits, ignoring the consequences of its production which can pollute the surrounding environment. The research method used by the author in studying this problem is normative juridical. using a statutory approach. The problem that occurred in this study was the emergence of a pungent odor and damage to the irrigation river ecosystem caused by this tofu factory waste. And there is no business permit or environmental permit from the tofu factory. The issues raised are 1. What is the role of the Village Government in dealing with environmental pollution caused by this factory waste? 2. What are the Pesa Government's efforts regarding environmental pollution caused by tofu factory waste. In conducting this research the authors used a normative juridical research method. The results showed that the role of the village government in overcoming environmental pollution caused by tofu factory waste generally has 3 roles, namely as a facilitator, motivator, and mediator. Such responsibility is limited to a formal existence. However, it must still refer to the provisions stipulated in Law Number 32 of 2009 concerning PPLH and Regional Regulation 11 of 2019 concerning the Nganjuk PPLH. Permits are a juridical instrument used by the government as a system for managing conditions in people's lives that must be obeyed by all people to control activity so that their business has strong legality. By completing a business permit and environmental permit, the business complies with the law
Law Enforcement on Criminal Acts of Fuel Oil Distribution Illegally Subsided Achmad Surya; Suhartini Suhartini
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.6925

Abstract

Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public.  The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency. First, Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Legal Responsibility for Environmental Damage Caused by Russian and Ukrainan Wars: International Humanitarian and Criminal Law Perspectives Rafi Nasrulloh Muhammad Romdoni
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 2 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i2.8153

Abstract

Not only inflicted human casualities, the war between Russia and Ukraine, also injured the environment. Russia's discriminating attacks on essential objects such as gas, energy, oil, and mining infrastructure become the most significant root cause. UNEP affirmed that the attacks resulted in widespread water, soil and air pollution, as well as a significant deterioration in Ukraine's ecosystem stability. Accordingly, the study intends to examine the framework of international humanitarian and criminal law, specifically in terms of enviromental protection, as well as to analyze accountability before the International Criminal Court. The study employed doctrinal method involving a statutory and conceptual approach. In this case, relevant legal instruments such as the 1949 Geneva Conventions and their Additional Protocols,  as well as the Rome Statute, were being examined. Furthermore, the study is also certified by the evolution of legal doctrines in books, jounals, and other credible sources. According to the findings,  humanitarian law, which is underpinned by customary international law,  protects the environment slightly better than international criminal law. In short, the state bears multiple duties for environmental damage caused by the outbreak of war. Individual accountability before the ICC, on the other hand, is being overlooked. It is due to the Rome Statute's flaws, which include vagueness in the formulation of the articles,  stringent standards for proof of environmental damage, and bias in proving mens rea. As a result, improvements in the enforcement of international crimes (war crimes and related types) that cause environmental damage are urgently required
Bioremediation in Upstream Oil and Gas Enterprises: Indonesian Environmental Law Perspectives Ahmad Rayhan; Mahendra Utama Cahya Ramadhan; Tigor Boris Yudha Prakasa
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 2 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i2.8592

Abstract

There have been changes in environmental management since the enactment of Law Number 11 of 2020 on Job Creation, particularly in bioremediation─upstream oil and gas Enterprises. It is intriguing since the process includes natural way of cleansing tainted oil in the water without harming the ecosystem. The study aims to examine the implementation of bioremediation in upstream oil and gas activities under Indonesian environmental law. The study also employed a normative juridical or doctrinal approach. According to the findings, bioremediation is being carried out under a profit-sharing contract with SKK Migas (Special Working Unit for Upstream Oil and Natural Gas Business Activities) acting as the implementing agency. The legal relationship position of an oil and natural gas mining company, specifically in bioremediation, is in the government and corporate accountability to carry out the program, referring to production sharing contracts─cooperation contracts and applicable statutory provisions. To summarize, all parties, including national and regional governments, communities, and oil and gas companies, must implement ecologically friendly protection such as bioremediation

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