Jurnal Online Universitas Pekalongan
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Policy Model For Sustainable Ecotourism Development In The Capital Of The Indonesian Archipelago Based On Local Community Empowerment
Get PDFThe potential of natural caves spread across Sanggulan Village, Sebulu District, Kutai Kartanegara Regency, East Kalimantan Province, which is a buffer zone for the capital of the Indonesian archipelago, has great potential to be developed as a tourism and educational facility. Currently, ecotourism development is widespread in the IKN area to fulfill the smart city slogan which prioritizes aspects of nature conservation, social, cultural and economic empowerment of local communities as well as learning and educational facilities. These elements significantly influence traditions, socio-economic life of the community and the empowerment of local village products. The village\u27s identity is summarized in a slogan that highlights the richness of natural resources, preservation of cultural heritage and IKN\u27s ecotourism priorities. By using a policy model that is Meaningful Participation, Asset Based Community Development (ABCD) and SWOT analysis of Regional Government policies in regulating or making regulations regarding cave or karst ecotourism, the aim is to increase IKN tourism by integrating cultural, geotourism and legal aspects. This model promotes participatory legal regulation, empowerment of local communities and environmental conservation to encourage sustainable regional development.The potential of natural caves spread across Sanggulan Village, Sebulu District, Kutai Kartanegara Regency, East Kalimantan Province, which is a buffer zone for the capital of the Indonesian archipelago, has great potential to be developed as a tourism and educational facility. Currently, ecotourism development is widespread in the IKN area to fulfill the smart city slogan which prioritizes aspects of nature conservation, social, cultural and economic empowerment of local communities as well as learning and educational facilities. These elements significantly influence traditions, socio-economic life of the community and the empowerment of local village products. The village\u27s identity is summarized in a slogan that highlights the richness of natural resources, preservation of cultural heritage and IKN\u27s ecotourism priorities. By using a policy model that is Meaningful Participation, Asset Based Community Development (ABCD) and SWOT analysis of Regional Government policies in regulating or making regulations regarding cave or karst ecotourism, the aim is to increase IKN tourism by integrating cultural, geotourism and legal aspects. This model promotes participatory legal regulation, empowerment of local communities and environmental conservation to encourage sustainable regional development
Harmonization Between Sharia Economic Law and Land Law in Home Financing Credit with the Musharakah Mutanaqishah Agreement at Bank Muamalat Indonesia Surabaya
Get PDFThe high rate of population growth that is not accompanied by an increase in the availability of houses will cause a backlog. Islamic banks offer home ownership financing solutions (KPR) with a Musharakah mutanaqisah contract, namely financing based on the musharakah principle, namely: Shirkahal-\u27inan in which the share of one sharik capital is reduced due to gradual commercial transfers to customers. In practice, the application of the Mutanaqishah musharakah contract leaves a problem in the form of naming the certificate on behalf of the customer, even though the house is still jointly owned. This research is a field research. The data were collected through interviews and document review, then analyzed descriptively qualitatively by Hubermenand Miles model.
The results show that the naming of the customer\u27s name on the certificate aims to simplify the process at the National Land Agency (BPN), Islamic banks and customers bind a new agreement on this matter. with the aim of finding a way out of a contract justified by shara\u27. The agreement namely tawatu, becomes a unity of several pre-existing contracts and promises, with the aim of carrying out what they want together. Tawatu\u27 is also in line with the Civil Code regarding agreements. Tawatu\u27 is a solution for harmonization between Syaria\u27h Economic Law and Land Law for Islamic banks for further development
Catcalling In Syari’at: Islamic Perspective And Challenges In Aceh
Get PDFThis study aims to analyze the occurrence of events catcalling in public space based on Islamic Sharia measurements. These measurements are considered part of the process communication between communicator and communicators regarding the handling of the catcalling phenomenon that often occurs in public space, which then became a challenge for the Acehnese people . The type of research is descriptive research using a qualitative approach, with in-depth interview techniques. The results of the study showed that the causes the occurrence catcalling explains that, first, the role of Islamic Sharia institutions related to catcalling is still being carried out in a marathon. However, one thing that should be underlined is that catcalling events have given rise to a negative stigma where such behavior is seen as an immoral act and does not reflect the dignified side of human behavior. This means that all victims of catcalling admit to experiencing prolonged trauma, difficulty speaking, low self-confidence, loss of thinking orientation and difficulty interacting with each other. Second, regarding legal certainty . This side is due to the stagnation in terms of the use of legal instruments between local products (qanun) or national products (Laws). Third, catcalling actions considered as a normal thing in society, so that this behavior is sometimes considered not a violation of the law. Therefore, in the author\u27s opinion, Islamic communication principles are needed as an alternative instrument as a form of mitigation that prioritizes both the content of the message, the interaction between the communicator and the communicant, and or socio-cultural traditions that have developed into critical ones while still upholding the spirit of ethical values proportionally and with dignity
Legal Reformulation of Religious Court Divorce Decisions in Indonesia Due to Religious Conversion (Apostasy) Based on Unification and Principles of Islamic Law Formation
Get PDFReligious Courts as a manifestation of Islamic justice is reflected in its decisions that make Islamic law (fiqh) as a reference to its legal considerations. The difference in opinion of fiqh scholars regarding the application of divorce mechanisms due to the religious conversion of one of the parties, has implications for the birth of disparities in religious court decisions due to the absence of legal unification so as not to guarantee the realisation of justice, certainty and legal expediency in the decision. This research aims to explore and analyse the disparity in religious court decisions and to reformulate the law that is more appropriate in applying the divorce mechanism due to the religious conversion of one of the parties. This research is normative legal research, which is qualitative and uses a philosophical approach. The importance of legal unification so that there is no disparity in decisions will ensure the realisation of justice, certainty, and expediency, Moreover, religious court decisions as a manifestation of Islamic judicial decisions will become law for the community, therefore, it must also consider the principles in the formation of Islamic la
Quality of Electronic Services at the Dinas Penanaman Modal Pelayanan Terpadu Satu Pintu of Palu City
Get PDFThe transformation of public services through digitization is part of bureaucratic reform efforts to improve efficiency, transparency, and public satisfaction. This research aims to examine the quality of electronic services at the Penanaman Modal dan Pelayanan Terpadu Satu Pintu Office of Palu City. This research uses a qualitative approach with a descriptive type. The informants of this research consisted of service users, Penanaman Modal dan Pelayanan Terpadu Satu Pintu Office employees, and other related parties who were selected purposively. Data collection techniques were conducted through direct observation, in-depth interviews, and documentation. Data analysis was carried out through the process of data collection, data condensation, data presentation, and conclusion drawing. The results showed that electronic services, in this case e-SIGA, have provided convenience in the licensing process, increased time efficiency, and expanded service access. However, there are still a number of obstacles such as network disruptions, lack of interactive communication, and not optimal user data security guarantees. Supporting factors include leadership commitment, digital system development, and the availability of flexible online services. This research emphasizes the importance of strengthening infrastructure, human resource training, and responsive system innovation to sustainably improve the quality of e-services in the public secto
The Analysis of Judicial Authority in Issuing Acquittal Decisions
Get PDFThe existence of courts aims to ensure fair and effective law enforcement. However, cases involving acquittals by the courts have caused controversy, especially when acquittals are deemed inconsistent with the public\u27s sense of justice. This study analyzes the limits of the judge\u27s authority in granting an acquittal. The research method in this study uses a normative juridical approach, focusing on analyzing the legal aspects that underlie the judge\u27s decision. This study found that the importance of the integrity and morality of judges and the need to uphold the principles of justice in every decision taken. This study provides several suggestions, including the need to strengthen supervision of judges\u27 authority and increase transparency in every court decision with clear and detailed explanations
Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective
Get PDFIndonesia, as a multicultural country, has three coexisting inheritance law systems: customary law, Islamic law (through the Compilation of Islamic Law/KHI), and civil law (Civil Code). These three systems often exhibit fundamental differences in terms of normative foundations, inheritance mechanisms, and the values of justice they uphold. Through a maqashid syariah approach emphasizing protection of religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), property (māl), and justice (‘adl), this study analyzes the common ground and gaps between customary and national inheritance law. The analysis reveals that while customary law seeks to preserve property and social structures, discriminatory practices and inadequate protection for vulnerable groups still exist. Conversely, the KHI, as part of national law, is more systematic in ensuring distributive justice, though it remains rigid and requires contextualization. This study recommends the importance of normative reconstruction through the compilation of standardized national customary inheritance law based on the values of maqashid and Pancasila, as a step toward an inclusive, fair, and sustainable inheritance law system
Tirkah Negotiation: A Social Interpretation of Pension Salaries on Inheritance Practices in Situbondo District
Get PDFThis study examines how the Situbondo Muslim community negotiates the meaning of tirkah (inheritance property) in the context of pension salaries, which administratively can only be disbursed by legal spouses, while other heirs often do not get equal access. Problems arise when inheritance in the form of pension salaries creates tension because there is no standardized agreement on its status as part of the tirkah. The purpose of this study is to understand how social interpretations of pension salaries are shaped, negotiated and enacted in local inheritance practices. This research used a qualitative approach with ethnographic type, involving ten informants consisting of civil servants, ulama, bureaucrats, and intellectual youth. Data collection techniques were conducted through observation, in-depth interviews, and documentation, using purposive sampling techniques. Data analysis used the Miles and Huberman interactive model, with a descriptive approach. The results show that pension funds are understood differently in Islamic law and positive law; Islam considers it part of tirkah if it comes from the right of the heir, while positive law stipulates it as the right of the legal spouse. The views of contemporary scholars also vary; some consider it inheritance, while others see it as a grant. In Situbondo, the community interprets pension funds socially through family deliberation, emphasizing justice and benefit, so the distribution of inheritance is flexible and contextua
Pengaturan yang Tepat atas Merek Kolektif untuk UMKM Berdasarkan Kepastian Hukum: Studi Perbandingan dengan Brasil
No full textCollective trademarks can be an alternative for trademark protection for Micro, Small, and Medium Enterprises (MSMEs) considering the greater benefits compared to regular trademarks. In 2024, there was an increase in the number of collective trademark applications, indicating that the public, especially MSMEs, are becoming more aware of the importance of trademark protection. However, issues have been found in the legislation regarding collective trademarks. This article aims to formulate the appropriate arrangements of collective trademark legislation that align with the MSME climate in Indonesia to achieve legal certainty. The research method used is normative juridical with a statutory approach, a conceptual approach, and a comparative approach. The regulation of collective trademarks in Indonesia will be compared with Brazil based on Law No. 9.279 of May 14, 1996, as amended by Law No. 14.200 of September 2, 2021. This research found that Law Number 20 of 2016 still contains several issues, namely the ambiguity of norms and articles that lead to multiple interpretations among the public. The provisions on collective trademarks in the Regulation of the Minister of Law and Human Rights Number 67 of 2016 (MIG Law) regulate substance similar to that stated in the MIG Law, whereas it should provide a more detailed and technical explanation. On the other hand, Law Number 15 of 2001, which was the previous regulation before the enactment of the MIG Law, provides a more comprehensive regulation on collective trademarks compared to the MIG Law. Thus, the legislation regarding collective trademarks does not yet provide legal certainty. The comparison with Brazil provides recommendations for appropriate arrangements, indicating the need for revisions and improvements to the legislation on collective trademarks to meet the need for more adequate regulations.Merek kolektif dapat menjadi alternatif perlindungan merek bagi Usaha Mikro, Kecil, dan Menengah (UMKM) mengingat manfaat yang lebih besar dibandingkan dengan merek biasa. Pada tahun 2024, terjadi peningkatan jumlah permohonan merek kolektif, menunjukkan bahwa masyarakat, terutama UMKM, semakin sadar akan pentingnya perlindungan merek. Namun, terdapat masalah dalam peraturan perundang-undangan mengenai merek kolektif. Artikel ini bertujuan untuk merumuskan pengaturan yang tepat dalam peraturan perundang-undangan merek kolektif yang sesuai dengan kondisi UMKM di Indonesia guna mencapai kepastian hukum. Metode penelitian yang digunakan adalah metode yuridis normatif dengan pendekatan statuta, pendekatan konseptual, dan pendekatan komparatif. Peraturan mengenai merek kolektif di Indonesia akan dibandingkan dengan Brasil berdasarkan Undang-Undang Nomor 9.279 tanggal 14 Mei 1996, yang diubah dengan Undang-Undang Nomor 14.200 tanggal 2 September 2021. Penelitian ini menemukan bahwa Undang-Undang Nomor 20 Tahun 2016 masih mengandung beberapa masalah, yaitu ketidakjelasan norma dan pasal yang menyebabkan interpretasi yang beragam di kalangan masyarakat. Ketentuan mengenai merek kolektif dalam Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 67 Tahun 2016 (Peraturan MIG) mengatur substansi yang serupa dengan yang tercantum dalam Peraturan MIG, padahal seharusnya memberikan penjelasan yang lebih rinci dan teknis. Di sisi lain, Undang-Undang Nomor 15 Tahun 2001, yang merupakan peraturan sebelumnya sebelum diberlakukannya MIG Law, memberikan peraturan yang lebih komprehensif mengenai merek kolektif dibandingkan dengan MIG Law. Oleh karena itu, peraturan mengenai merek kolektif belum memberikan kepastian hukum. Perbandingan dengan Brasil memberikan rekomendasi untuk pengaturan yang tepat, menunjukkan perlunya revisi dan perbaikan terhadap peraturan mengenai merek kolektif untuk memenuhi kebutuhan akan peraturan yang lebih memadai
LEGAL PROTECTION FOR THE BOARD OF DIRECTORS OF REGIONAL GOVERNMENT-OWNED ENTERPRISES MAKING INVESTMENTS WITH THIRD PARTIES THROUGH THE APPLICATION OF THE BUSINESS JUDGMENT RULE DOCTRINE
Get PDFThis study aims to examine whether the business judgment rule doctrine can be applied to protect the directors of Regional Government-Owned Enterprises (RGE) who engage in investment collaborations with third parties when the RGEs incurs losses. The type of research employed is normative legal research, utilizing a conceptual approach and a case approach. The study is explanatory in nature and relies on secondary data, with primary legal sources including the Limited Liability Company Law and Government Regulation No. 54 of 2017, analyzed qualitatively. In performing their duties to manage RGEs, directors are often blamed and accused of criminal corruption due to the perceived losses suffered by the RGEs as a result of their actions. Therefore, directors in managing RGEs must act in good faith and responsibly, paying careful and diligent attention to the company. They are personally accountable for any company losses if they are found guilty of or negligent in performing their duties. However, directors who perform their duties appropriately and can demonstrate that the losses incurred by the RGEs were not due to their fault or negligence can be exempted from liability for such losses through the application of the business judgment rule doctrin