UNIFIKASI : Jurnal Ilmu Hukum
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Regulatory Policy Model for Ecotourism-Based Heritage Tourism Development in the Old Banten Region
Full text linkThe 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 achieve
Law Enforcement Against Environmental Pollution by the Way Kanan District Environmental Service
Full text linkEnvironmental 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
Slums Prevention from A Policy Perspective in Indonesia
Full text linkMany 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
Legality of the Legal Status of Kratom Plants in Indonesia
Full text linkThis 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
Employment Termination in the Middle of Covid-19 Pandemic: Labor Law Point of View
Full text linkArticle 28D paragraph (2) of the 1945 Constitution states everyone has the right to work and to receive fair and proper compensation and treatment in a working relationship. It is emphasized in Article 151 (1) of Law no. 13/2003 concerning Manpower. The entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent an employment termination. In fact, many workers have been terminated and some even did not receive any severance pay at all. Accordingly, the researchers formulated the following research questions: how to terminate employment in the midst of the Covid-19 pandemic, and how is the government’s responsibility for the welfare guarantees for workers. This research employed a normative juridical approach by collecting data from literature studies. The data obtained were analyzed qualitatively. The findings revealed the layoffs in the midst of the Covid-19 pandemic were a breach of contract by entrepreneurs. The entrepreneurs were still obliged to provide severance pay, reward money, and compensation money. In addition, the government has also provided accountability in the form of an economy, the Pre-Work Card. With this card, workers can develop workforce competence, increase productivity and competitiveness of the workforce, and develop entrepreneurship. The Manpower Office responsible for this program also participated in the workforce supervising and guidin
Legal Protection for Victims of Domestic Violence: The Pandemic of Covid-19
Full text linkDuring the pandemic of Covid-19, cases of domestic violence (KDRT) in Indonesia increased. This is because the people experience stress during the pandemic. The stress arises due to the implementation of Large-Scale Social Restrictions (PSBB) set by the Government. In the PSBB period, all normal activities were disrupted, and even affected the economic situation of the community. Accordingly, the researcher discusses the following research problem: The form of legal protection for victims of domestic violence during the Covid-19 pandemic and the factors influence the increase in domestic violence during the pandemic of covid-19. This study employed normative juridical approach. The legal materials in this study were derived from statutory regulations, books, other scientific works, or dictionaries. In conclusion, to impose Large-Scale Social Restrictions (PSBB), the Regional Government needs to review the impact of PSBB on the family. Accordingly, this research is expected to provide an understanding to the public relates to the form of legal protection for everyone who experiences domestic violence during the pandemic. This is stipulated in Law No.23 of 2004 concerning the elimination of domestic violence and the factors influence the domestic violanc
Legal Discovery in Islamic Perspective
Full text linkIn general, legal discovery refers to conducting legal searches when the statutory regulations are not regulated and are unclear. Legal discovery is not only based on the concept of positive law, but it also refers to Islamic concepts. This aims to find the law on an issue where the regulation is not yet regulated. Thus, inexistence and unclear issues in law become present and apparent. Legal discovery in Islamic concept is known as Ijtihad, an act and an effort to find, understand, and formulate Islamic Shari’ah ruling. Legal discovery in Islam is conducted using several methods including istinbat, interpretation, literal/linguistic, causation (ta’lili), and synchronization methodologies. Other methods of legal discovery are qiyas, istihsan, maslahah mursalah, istishhab, urf, mazhab shahabi which cannot be separated from the main sources of Islamic law, the Qur’an and hadith. Meanwhile, ra'yu and ijtihad are ways of thinking in understanding the Qur’an and hadith. These are to determine a problem where its nash has not been determined. The researchers employed library research in this study. The study examined the documents using secondary data and analyzed it using a qualitative method where the data are described in words, not numbers. In addition, the data collection is based on literature studies taken from books, journals, and internet sources related to legal discovery in the Islamic concept
The Political Law of National Economic Development: A Nation of Law Perspective
Full text linkLaw and economic are the pillars of development. They must be compatible and aligned in the interests of the people. Accordingly, the policy direction of political and economic laws must have value. Thus, the objective of the law can be achieved. In addition, laws are made and built to regulate the business behavior done by investors. These are to protect their economic activities with laws. For these reasons, this research is formulated. This research focused on the following problems: First, how is the concept of law as the basis of economic development? Second, how is the policy direction of political law in National Economic Development? This research employed a normative method and conceptual and historical approach. The findings revealed two ideas: First, five elements such as stability, predictability, fairness, education, and the special development abilities of the lawyer must be developed so that law does not hamper the economy. Second, the policy direction of political law in national economic development is a reflection of the objectives of Indonesian development. Therefore, the development of economic law needs integrated and interdisciplinary skills that require tolerance
Criminal Law Politics: Law Concerning Corruption Crimes Eradication
Full text linkThe purpose of this study is to analyze the law authority through criminal law politics states in the law concerning corruption. This study employed a normative juridical method with conceptual and statue approaches. This research collected the data from primary and secondary legal materials. These are to obtain a critical study of legal issues happening in society. The findings revealed that the criminal act of corruption does not provide a deterrent effect and is actually detrimental to the state. In addition, this study also found that the law concerning corruption increases the state’s burden. This is because the prison sentence for corruptors is too light. The amount of money proceeds from corruption is not comparable to state spending in supporting the life of corrupt convicts in prison. The standard of penalty state in the law is too light compare to the result of corruption. Thus, it is necessary to reform the law on corruption due to the absence of proportionality in law and large losses to the state when dealing with corruption. The highest standard penalty for corruption only amounts to one billion Rupiah. In fact, many corruption cases reach to tens billions and even trillions rupiahs
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
Full text linkThis 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 executiv