AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam

Environmental Law with Sustainable Principles in Waste Bank Management in Sukoharjo Regency

Nabila Febriyanti, Rahayu Subekti, Fatma Ulfatun Najicha — Sun, 18 Feb 2024 14:55:42 +0000

The author's aim in researching waste banks is to provide an understanding of waste management with a new paradigm in waste management, namely waste banks. Based on Law Number 18 of 2008, the use new paradigm of collect-transport-dispose in the Minister of Environment and Forestry Regulation Number 14 of 2021, namely with the issuance of a circular. This research was carried out using the legal research method. This type of empirical legal research is descriptive in nature, explaining what happened in Sukoharjo Regency and analyzed qualitatively. Results from several literature and interviews with the existence of waste bank regulations, local governments carry out and implement them. Sukoharjo Regency has the role of the environmental service in carrying out environmental management, especially waste management. However, there are areas where not all of them have active waste banks, so this research is interesting to examine waste banks in realizing the legal principles of a sustainable environment in Sukoharjo Regency. The research results show that the implementation of waste banks in Sukoharjo Regency must be further optimized to achieve environmental law objectives with the principle of sustainability and waste banks as a circular economy.

The Application of Omnibusss Law in Land Regulation Reform Efforts

Agus Rahmad, Adha Nuraya, Fauzi Syam — Thu, 29 Feb 2024 21:51:41 +0000

The times provide mandatory demands for laws in Indonesia to develop in accordance with the needs of today's society. However, in reality there are still many rules that intersect with each other and cause legal uncertainty. To deal with this, Indonesian law must be ready to adjust to the renewal of the legal system through omnibus law due to the accumulation of regulations. This research aims to open a new perspective in the implementation of omnibus law on land regulations that have been overlapping, resulting in the absence of legal harmonization. The research method is conducted with a normative juridical approach. The type of approach used is the statute approach. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out by means of literature studies related to research both from laws, scientific works and books. The results of this study indicate that the implementation of the omnibus law is a solution to the overlapping land regulations in Indonesia which must be accompanied by synergy and coordination from various institutions in order to create legal certainty.

The Role of Legal Politics in the Recovery of State Financial Losses Due to Corruption

Riko Hamdan, Adha Nuraya, Fauzi Syam — Thu, 29 Feb 2024 21:55:51 +0000

Corruption crimes have caused very large losses to the state and can have an impact on the emergence of various crises in various fields such as social life, nationhood, and statehood. Therefore, a legal enforcement method is needed through the establishment of a special body that has broad, independent, and free authority from any power in efforts to eradicate corruption crimes that are carried out maximally, intensively, effectively, professionally, and continuously. This paper uses a normative juridical research method through an approach based on basic legal materials by examining theories, concepts, legal principles, and regulations. Research using a normative juridical method is legal research conducted by examining literature or secondary data as a basis for research by tracing regulations and literature related to the issues being studied. To solve the legal problems that have been formulated and get their answers, this research uses four problem-solving approach models, namely the statutory approach, comparative approach, historical approach, and conceptual approach. The results of this study are various changes and reviews of anti-corruption laws that are legal policies applied by Indonesia as efforts towards legal reform for the better. Because corruption has harmed state finances, efforts to recover state financial losses are carried out through criminal, civil, and administrative channels.

Resolving Bad Credit for Blacklisted MSMEs at PT Bank Rakyat Indonesia Gondosari Kudus Unit

Miladianur Wulandari, Siti Mahmudah — Fri, 01 Mar 2024 16:18:55 +0000

Many credit capital is used as a way to develop a business or start a business. However, there are quite a few that can save credit from various problems. So there needs to be a solutionconcrete way to overcome the problem of blacklisted bad credit. The main problem of this research is about the policy of the Bank Rakyat Indonesia Gondosari Kudus Unit in resolving bad credit for blacklisted MSMEs and how to implement the policy for resolving bad credit for blacklisted MSMEs. This research uses empirical juridical methods. This study aims to determinepImplementation of policies for resolving bad credit for MSMEs that are blacklisted and how the policy of the Indonesian People's Bank, Gondosari Kudus Unit regarding resolving bad loans of blacklisted MSME debtors.Resolving blacklisted bad credit can be done by submitting a credit agreement restructuring application. Furthermore, settlement can also be done through the Bank Indonesia Dispute Resolution Agency. The last is settlement through court. Settlement through court is the stage of resolving bad credit which is carried out through legal channels.

Implementation of Medical Records in Physiotherapy Services Home Care in Semarang City

Kuswar dani — Thu, 07 Mar 2024 08:21:12 +0000

Many physiotherapists in the city of Semarang provide online health services and home care, By Minister of Health Regulation No. 269 and Law No. 36 of 2014 Article 56 (d), health workers are required to keep medical records. Medical records contain records of patient treatment, both written and recorded, which contain the patient's identity, history, laboratory, and diagnosis. This research aims to determine the implementation of medical records in physiotherapy services and home care in the city of Semarang, with analytical descriptive sociological juridical methods. In terms of how data collection is carried out by observation, interviews, questionnaires, documentation, and a combination of the four. The data results are analyzed systematically according to the factual and actual situation of the incident based on facts, characteristics, and phenomena by looking for cause and effect. The research results show the implementation of medical records in physiotherapy services and home care in the city of Semarang is not going well, because it is still found that 37.1% of physiotherapists have not carried out medical records. The physiotherapist can be given sanctions for violating UUPK number 29 of 2004 with a maximum penalty of 1 year and a fine of up to 50 million.

Empirical Legal Investigation of Land Disputes: The Case of Rantau Pandan, Bungo Regency

Suhermi Suhermi, Umar Hasan, Sasmiar Sasmiar, Herlina Manik — Thu, 07 Mar 2024 08:26:53 +0000

Land is a very basic human need for humans to live and carry out activities on land so that at all times humans are always in contact with land, it can be said that almost all human life activities, either directly or indirectly, require land. The emergence of land dispute cases in Indonesia is no exception in Rantau Pandan District, Bungo Regency, of course clear regulations or legal instruments are needed to ensure legal certainty for the owners of the land. The aim of the research is to find out and analyze the factors that cause land disputes and how to resolve land disputes that occur in the community in Rantau Pandan District, Bungo Regency. The type of research used is empirical juridical using primary data sources, namely data obtained directly in the field through interviews with respondents and informants and secondary data in the form of regulations, textbooks, journals and traditional seloko. Based on the data, it was found that the factors causing land disputes in the Rantau Pandan District, Bungo Regency, were caused by inheritance factors and unclear land boundaries. The method for resolving land disputes is by deliberation using Customary Law in ascending and descending stages.

Bankruptcy Petition Based on Debt Arising from Agreement with Arbitration Clause

Triandy Gunawan, Yulian Ananto Rachman — Thu, 14 Mar 2024 08:56:20 +0000

The business world requires efficient and cost-effective methods of resolving business disputes. With the presence of Arbitration Institutions as an alternative for resolving business disputes outside the judicial system, the business world has various options tailored to their characteristics and needs. Apart from going through arbitration institutions, it turns out that debt dispute resolution can also be done through PKPU (Postponement of Debt Payment Obligations) and filing for Bankruptcy at the Commercial Court. The disharmony between the absolute authority of arbitration which is extra-judicial in nature and the absolute authority of the Commercial Court which is an extraordinary court in examining and adjudicating bankruptcy applications gives rise to legal problems which can affect the confidence of the business world. This research aims to analyze bankruptcy applications based on debts arising from agreements with arbitration clauses. This research uses normative legal research methods with a statutory approach and a legal concept analysis approach. The research results show that the Commercial Court is an extraordinary court, so it has the authority to adjudicate bankruptcy applications even though there is an arbitration clause. To file a bankruptcy petition at the Commercial Court, it is necessary to fulfill the requirements of simple proof of the existence of at least two creditors, one of whose debts is due and can be collected.

Potential Cybercrime and Prevention in the Overseas Official Travel Approval Letter

Thu, 14 Mar 2024 09:07:52 +0000

The aim of this research is to the potential for cybercrime and its prevention in foreign official travel approval letters. The research method used is normative juridical. The data collection technique is library research. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in foreign official travel approval letters includes hacking, identity theft, data breaches, phishing, spamming, cyber vandalism, virus writers, XML injection, security configuration errors. To prevent cybercrime, the simple web application or https://simpel.setneg.go.id has data security, namely security testing by the state cyber and password agency, a captcha feature on the simple web, one time password feature on simple phones, application of certified digital signatures. The conclusion of this research is that the potential for cybercrime in overseas official travel approval letters is increasing. Prevention solutions can include educating users, using a hacker perspective, patch systems, policies, Intrusion Detection Systems bundled with Intrusion Prevention Systems, antivirus firewalls. Legal regulatory steps to support the implementation of cybercrime prevention solutions, namely Law No. 11 of 2008 concerning ITE and PP No. 82 of 2012 concerning the implementation of Electronic Systems and Transactions.

The Influence of Political Configuration in The Creation of The New KUHP (An Examination of the New Wave of Indonesian Democracy in the Reformation Era)

Vuzio Fernanda, Yan Patmos, Fauzi Syam — Fri, 19 Apr 2024 15:50:32 +0000

The intervention of political power based on the facts of law enforcement can affect responsive and conservative patterns in the formation of legal products, indicating that certain political situations can produce legal products that are in accordance with their political nature, including in the formation of the new Criminal Code which has become a public concern in Indonesia. This research aims to provide a deeper understanding of the relationship between political structure and the development of criminal law in Indonesia. The method used in collecting legal materials in this research is carried out using library research, namely by using archival review techniques or literature studies of books, journals, articles, theses or works of experts related to the research conducted. The results of this study show that in the current reform era, political configuration has a dominant influence on the structure and substance of law. Political power plays a key role in the formation of laws, where the interests of certain groups often dominate the resulting policies. Legal products are often used as a means of justifying power policies, even though they may contradict the values of public justice and are no longer in accordance with Indonesia's cultural dynamics.