UNIFIKASI : Jurnal Ilmu Hukum
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The Government Policy in Realizing the Sustainability of Labeobarbus Douronensis "Dewa Fish"
Full text linkThe present study aims to identify the regulations on the conservation of natural resources and their impact on community welfare. This study applied an empirical juridical approach. The primary and secondary data used in this study were collected through interviews, observation, and literature study. As results, it can be identified that fish conservation in Indonesia is regulated by various laws and regulations, including Law on Fisheries, Law on Environmental Protection and Management, Government Regulation on Conservation of Fishery Resources, Government Regulation on Fish Farming, Regulation of the Minister of Environment and Forestry on Recognition and Protection of Local Wisdom in the Management of Natural Resources and Environment, Regional Regulation on Implementation of Tourism, Regional Regulation on Preservation of Local Culture, as well as Regional Regulation on Conservation of Birds and Fish which give the authority to Kuningan District Regional Government in the conservation of ‘god fish’. The conservation of ‘god fish’ based on local wisdom of ‘pamali’ is in the form of prohibition on damaging the spring in Cibulan Tourist Attraction and prohibition on disturbing ‘god fish’. To conclude with, the conservation of natural resources, especially ‘god fish’, through water-based tourism management has positive implications for community welfare
Law Enforcement of Election Crimes in Indonesia
Full text linkThe election is an election conducted by Indonesian citizens who have the right to vote to choose their representatives who sit in the House of Representatives both central and regional, or the Regional Representative Council, the President, and Vice President as a means of sovereignty people. Elections are carried out in a direct, public, free, confidential and fair manner. While election crimes are prohibited acts such as violating campaign bans, conducting campaigns outside the established schedule, providing incorrect information related to voter registration data, political money, adding, reducing and or changing votes. The purpose of this study was to determine the regulation of election criminal acts in Indonesia and how to enforce the law. Election crime regulations are regulated in Law Number 7 of 2017 Concerning Elections, namely Article 488 through Article 554. Election criminal law enforcement in Indonesia there are 116 cases consisting of 29 cases of money politics, 22 cases of acts harming election participants, 15 cases counterfeiting, 10 cases of campaigning in places of worship or educational institutions, 9 cases of campaigning outside the schedule, 17 cases of campaigning involving banned parties, 7 cases of campaigning using government facilities, 5 cases of destruction of props and 2 cases concerning the election of participants and their data still, then, in general, the implementation has run well even though at the level of implementation there are only weaknesses such as the substance of the regulation and sanctions for election crimes are multiple interpretations along with severe sanctions, from the structure in this case there are still law enforcement officers in this case GAKUMDU, Bawaslu, the police and the police The weaknesses experienced by weaknesses such as in terms of budget, human resources and facilities and infrastructure aside from the side, culture namely the culture of the community which is still low in the awareness of elections in Indonesia, makes violations of election criminal offenses still high
Surrogate Mother Validity against Children’s Civil Status: Comparative Study, Surrogate Mother in Indonesia and Ukraine
Full text linkNowadays, technology is getting more advanced. For example, IVF or "In Vitro Fertilization (IVF)" with a surrogate mother. A surrogate mother is a woman who has no relationship at all with a spouse who owns the seed then makes an agreement with them to rent out her uterus in exchange for material things. This study aims to determine the Surrogate Mother validity in Indonesia and in Ukraine on born children's civil status. This study employed normative juridical methods. The findings revealed Surrogate mothers is not allowed as it against the existing law in Indonesia. This is stated in Article 127 of Law Number 36 the Year 2009, the prohibition of the surrogate mother agreement. However, if a child is born from a Surrogate Mother, his civil status will be of surrogate mother's child. In Ukraine, on the other hand, the surrogate mother is legal. This is stated in Article 123 of the Family Code of Ukraine 2002, the children’s civil status is a genetic child of a spouse who owns the see
Local Government Policy: Converting Agricultural Land to Housing
Full text linkThis study aims to determine the regulation of converting agricultural land into housing and the suitability of its implementations. This study employed a juridical empirical approach which is a research done by looking at and paying attention to applicable legal norms associated with existing facts from the problems encountered. In this case, the local government policies on converting agricultural land into housing. The findings revealed the perpetrators of the land conversion process that occur in Kuningan Regency are the landowners. Some of the causes are: social, economic, population density, and the lack of socialization of Law Number 41 of 2009. Efforts made by local government officials and related agency officials to realize sustainable food land protection are still limited to carrying out their main duties and functions. The guideline in controlling the use of space, licensing and controlling mechanisms for the implementation of development, stated in the Regional Regulation of Kuningan Regency Number 26 of 2011 on regional Spatial Planning and Regulation of the Head of the National Land Agency Number 2 of 2011 concerning guidelines for technical land considerations in controlling location permits and determining locations and permits for changes in land use. The study concluded that converting the function of agricultural land to non-agriculture in Kuningan Regency is carried out by the landowner. In addition, efforts made by local government officials and related agency officials to realize sustainable food land protection are still limited to carrying out their main duties and functions. Accordingly, it is necessary to socialize Law Number 41 of 2009 on Protection of Sustainable Food Agricultural Land and Regional Regulation of Kuningan Regency Number 26 of 2011 concerning Regional Spatial Planning continuously to the community level. Furthermore, local governments need to coordinate with the village officials to monitor the use of agricultural land and the development of housing areas. This can be done by providing socialization to village officials
Legal Protection for Doctors in Health Service Practices
Full text linkThe advanced developments in technology, information, and knowledge, especially in the fields of health and law, will have a negative impact on the mindset of society, especially in health services. This is proven by the wide variety of demands on medical personnel, the doctors who practice medicine. Cases of suspected malpractice are often over-reported by the mass media and social media. Doctors are seen to have no responsibility or making mistakes in their profession. In fact, all the news that is delivered or written does not necessarily reflect reality. The actions were taken by the doctor corresponds with professional standards and standard for operating procedures. This study aims to explore the analysis of legal protection implementation and its weaknesses in a medical dispute between doctors and patients. This study employed a normative juridical approach by library research. The primary and secondary legal material sources were taken from laws, books, and scientific journals. The findings revealed that in doing medical practice, doctors must fulfill informed consent and medical records. This is to serve as evidence that can exempt the doctors from all lawsuits if malpractice allegations arise. There are many reasons for the repeal of the doctors’ sentences to free them from lawsuits. This includes the risk of medication and medical accidents. In conclusion, a doctor who has carried out his duties based on professional standards, service standards, and standard operating procedures is entitled to proper legal protection based on the value of justic
Community Group-Based Tourism Development Model: Banten Lama Tourism Area
Full text linkTourism development in Banten Lama area has highly made significant progress after the Banten Provincial Government revitalized Banten Lama area with a budget of 80 billion in 2018 and 20 billion in 2019. This development was not only focused on revitalization, but involved many parties. The purpose of this research is to find how is the role of local government as a regulator in the development of community-based tourism in the Banten Lama Tourism area? and how is the community group-based tourism development model in Banten Lama Tourism Area? This study employed an empirical juridical method based on a qualitative data approach. The data sources were taken from primary data collected through interviews and field research at relevant government agencies. For example, the tourism office, tourism awareness groups, tourism business actors, and communities related to tourism development in the Banten Lama area. These are analyzed and served as the findings. The findings revealed the Banten Provincial Government and the Serang City Government, the regulators of tourism development in the Banten Lama area, have a role in the carrying capacity of policies and budgets in revitalizing the Banten Lama area into leading tourism. This is stated in the Banten Province tourism development plan and has started from 2018 and 2019. The synergy of local governments with community group-based tourism development is based on the following groups: community groups who are members of tourism development groups known as tourism awareness groups, community groups who are members of community groups originating from religious elements around Banten Lama tourism area, and community groups who are members of business groups tourism. The existence of these community group must become social capital for the Banten Provincial Government and Serang City Government in preparing regulations for tourism development in the Banten Lama area as a leading destination.Pengembangan pariwisata dikawasan Banten Lama mengalami kemajuan yang sangat signifikan setelah Pemerintah Propinsi Banten melakukan revitalisasi kawasan Banten Lama dengan anggaran 80 milyar ditahun 2018 dan 20 milyar di tahun 2019, pengembangan ini tidak hanya terfokus pada revitalisasi, tetapi banyak melibatkan berbagai pihak dimasyarakat. Tujuan penelitian untuk mengetahui bagaimana peran pemerintah daerah sebagai Regulator dalam pengembangan pariwisata berbasis kelompok masyarakat Di kawasan Wisata Banten Lama ? dan bagaimana model pengembangan pariwisata berbasis kelompok masyarakat di Kawasan Wisata Banten Lama ? Metode yang digunakan dalam penelitian ini adalah metode yuridis empiris berdasarkan pendekatan data kualitatif yang bersumber dari data primer melalui wawancara dan penelitian lapangan pada instansi pemerintah terkait yaitu dinas pariwisata, kelompok sadar wisata, dan pelaku usaha pariwista serta masyarakat yang terkait dengan pengembangan pariwisata dikawasan Banten lama sebagi sumber data penelitian untuk dianalisis dan menjadi hasil pemebehasan dalam penelitian. Hasil penelitian yaitu Pemerintah Propinsi Banten dan Pemerintah Kota serang sebagai regulator pengembangan pariwisata dikawasan Banten Lama memiliki peran dalam daya dukung kebijakan serta anggaran dalam revitalisasi kawasan Banten Lama menjadi wisata unggulan hal ini teruang dalam rencana pengembangan pariwisata Propinsi Banten dan dimulai dari Tahun 2018 dan 2019, sinergitas pemerintah daerah dengan pengembangan pariwisata berbasis kelompok masyarakat didasarkan pada kelompok masyarakat yang tergabung dalam kelompok pengembangan pariwisata yang dikenal dengan kelompok sadar wisata, kelompok masysrakat yang tergabung dalam kelompok masyarakat yang berasal dari unsur keagamaan disekitar wisata Banten Lama dan kelompok masyarakat yang tergabung dalam kelompok usaha pariwisata. Adanya unsur keterlibatan kelompok masyarakat ini harus menjadi modal sosial oleh pemerintah Propinsi Banten dan Pemerintah Kota Serang dalam menyusun regulasi untu
Consumer Protection for Scarcity of Hospital Beds the Impact of Covid in the Perspective of the Law on Hospitals
Full text linkGetting access to health care is every citizen’s right. Particularly, during the pandemic of covid-19, all hospitals must be prepared in providing community services, hospital beds included. The study aims to reveal legal protection and conduct an in-depth analysis on consumer rights and violations of hospital obligation–business actors for hospital beds scarcity due to Covid-19. The study employed normative-juridical methods. The researchers conducted a study to analyze both laws written in books. Based on this method, the researchers have to manage a logical assessment of relevant legal provisions, the implementation of consumer protection. Specifically, this should be based on Law No. 8 of 1999 on consumer protection juncto law No. 44 of 2009 on hospitals. As a matter of fact, the study found hospital beds scarcity due to the increased number of covid-19, makes the responsible hospitals and government seem unresponsive. Even though, the citizens’ rights as consumers are clearly stated in Law Number 8 of 1999 on Consumer Protection juncto Law no. 44 of 2009 on Hospitals. The follow-up actions of the authorized agency in overcoming the losses of community members are referred to the applicable laws and regulations
The Efforts to Realize Responsive Local Regulations for Community Development
Full text linkEach formation of local regulations must meet philosophical, sociological, and juridical elements. This aims to form local regulations that can keep up with the community developments and can be applied effectively. The problems under the study were the requirements and efforts related to responsive local regulations. The study employed a normative-juridical approach. Specifically, This study used descriptive-analytical research. The findings revealed the local regulations must have clear philosophical, sociological, and juridical values to create a responsive regulation to community development. In addition, this study also concluded that this matter also gave the community an opportunity to take part in forming local regulations. Meanwhile, the efforts can also be done by establishing local regulations based on applicable laws and regulations. Besides, this should also be accompanied by academic texts and public hearing to gather public opinion on the discussion of draft local regulation
Authority Reformulation Management of Natural and Biological Resources: Conservation District in Probolinggo
Full text linkThe management of natural and biological resources must be carried out by the central and regional governments to seek financing for development. The management of natural and biological resources should synergize with its preservation and the environment. The common problem encountered when managing natural and biological resources lies in its improper management that caused damage to the environment such as doing disharmonize exploitation with environmental interest. Accordingly, This study employed a sociological juridical study to capture the implications of authority reformulation management of natural and biological resources of the conservation district in Probolinggo. The findings revealed that the management reformulation of Natural and biological resources Management results in the limitation of regional authority in managing their natural resources. This was certainly different from the concept mandated by regional autonomy. Thus, It is feared that this will affect the development plans carried out in the area, affecting the welfare of the community. As a conservation district, Probolinggo Regency has tried to optimize the regional potential in the development of conservation-minded areas. This commitment is written in regional regulations, regulating not only the use of natural and biological resources but the clarity of regional authority in managing these resources as wel
The Analysis of Direct Grant Policy in Covid-19 Pandemic in Justice Perspective
Full text linkThe village is a place where people can live side by side in harmony and peace. This what actually has been aspired by our national law long time ago, that is a society which live in equity and prosperous . Laws are made to regulate and bring justice for all elements of the society. This justice should be able to presented by the policy maker and should be realized because it is awaited by all of elements. Especially in the current situation where the COVID-19 pandemic is occuring across the world which is Indonesia state is also affected. Many people, especially the grassroots got the impact of the COVID-19 pandemic, they lost their jobs, that is very meaningful for them to fullfill their daily needs. The Government through the Ministry of Villages, Development of Rural Regions, and Transmigration in the midst of this situation released a program as one of the solution, that is direct grant (Banyuan Langsung Tunai) arranged through the regulation of the Ministry of PDTT Number 6 Year 2020. The research methodology used the qualitative methods which produced descriptive data. The results of this study indicated the BLT policy in the midst of the COVID-19 pandemic is an appropriate solution from the government to help alleviate citizen's living cost especially the burden of rural societies who are affected by COVID-19. The BLT policy in the midst of the 19th pandemic has reflected the sense of justice aspired by the law, because actually a law/regulation/policy was made to create justice for humans, and even that policy became a priority in the context of overcoming the COVID-19 pandemic.ame a priority in the context of overcoming the COVID-19 pandemic