Unifikasi : Jurnal Ilmu Hukum

Community Legal Awareness in the Implementation of Land Administration in Tanjung Bunga Village

Afdol Tasmara — 2025-01-23

This research is motivated by the low legal awareness of the community in the administration of land administration in Tanjung Bunga Village. This study aims to analyze the mechanism, the causes of the low legal awareness, and how to increase the legal awareness of the community in certifying land. This research is qualitative descriptive research with a case study method. In determining the informants, the researcher used a purposive sampling technique consisting of 27 people, and the data were obtained through observation, interviews, and documentation. All data were tested for validity using Source Triangulation. In the data analysis technique, the researcher uses data reduction (data reduction), data presentation (data display), and conclusion drawing (verification). The results showed that the mechanism used to certify land had three stages, consisting of land registration procedures, time for obtaining certificates, and costs for obtaining land certificates. The factors that cause low public awareness of land certification are based on 3 (three) factors, namely, community confidence, less than optimal socialization methods, and less availability of time from the community. The efforts that have been made are asking for help from the land office to provide socialization to the village community, taking advantage of the free land certificate program from the government, and visiting each resident's house by Tanjung Bunga Village officials. This study concludes that the government's efforts to certify community land still have serious challenges due to the belief factor owned by the community.

Legal Protection of the Defendant’s Property as Evidence in the Trial Process of Corruption

Ibnu Kholik — 2025-01-23

Success in eradicating corruption can not only be judged by simply bringing the perpetrators to justice. This success is deemed insufficient if the state losses due to corruption committed cannot be recovered, so that success is considered sufficient, it must be able to confiscate the assets of the accused perpetrators of corruption in the trial, which will later be used as payment of compensation for state losses charged to the Defendant. With the reason for the payment of compensation for state losses, the Defendant's property was then confiscated, both used and obtained from a criminal act of corruption, as well as on the Defendant's property which was obtained not from a criminal act of corruption and has nothing to do with a criminal act of corruption. Corruption crimes examined in this study include corruption cases in the field of natural resources, there are several court decisions in natural resource corruption regarding replacement money. The purpose of this study was to determine the position of the evidence in the trial process and how the legal protection of the defendant's property was used as evidence in the corruption case. This research is descriptive, normative juridical research type through legislation and conceptual approach, using secondary data obtained through literature study and document study, then analyzed qualitatively. The conclusion of this study are that the principle of presenting evidence in court is to support the evidence of the defendant's actions, not to be used as collateral for the execution of the sentence, so that the defendant's property that is not related and is not the result of a criminal act of corruption cannot be used as evidence in court process;

Legal Analysis of Iron Sand Mining Conflict in Kulon Progo Regency, Yogyakarta

Shabarudin Shabarudin — 2025-01-23

The facts on the ground show that most mining in Indonesia is carried out using an open pit mining so that it has an impact on environmental damage. This study aims to determine the factors that cause iron sand mining conflicts and develop a concept of iron sand mining conflict resolution in Kulonprogo Regency, Yogyakarta Special Region Province. The research method used is juridical-empirical law research, with a juridical and case approach, which is then analyzed qualitatively. The results in this study are broadly classified as mining conflicts that occurred in Kulon Progo Regency, Yogyakarta Special Region, which can be divided into two, namely nuanced or legal conflicts (legal conflicts) and social conflicts (social conflicts). Then, the conflict resolution was carried out and targeted two things, namely the harmonization of laws and regulations that were related and used directly in the context of iron sand mining in the area. As well as policy making by involving all stake holders (related parties).

Authority of the Environmental Service in Disaster Management Based on the Law on Environmental Protection and Management

Suwari Akhmaddhian — 2025-01-23

The environment can be a resource or even a hazard when a disaster occurs. Natural disasters as natural phenomena that can occur at any time regardless of day or night with the risk of loss of property to the psyche must be anticipated with disaster management activities in accordance with the Disaster Law in Indonesia. The purpose of this research is to find out and analyze the regulations made by the government in efforts to deal with disasters in Indonesia, especially in Kuningan Regency. The method used in this study is an empirical juridical approach using primary data and secondary data as well as data collection tools used in the form of interviews, observation and literature studies. The results of this study are the implementation of work programs and activities from the Department of the Environment in disaster management based on Law Number 24 of 2007 concerning Disaster Management. The conclusion of this writing is that the arrangements related to disaster management are adequate from the central to the regional level with the Implementation of the Environmental Service in the basic efforts of disaster management that have been carried out but must be further improved. Suggestions for implementing the implementation of the Environmental Service are to cooperate with students to carry out counseling and outreach about environmental preservation in disaster management efforts based on the Disaster Law in Kuningan Regency.

Normative Problems in Settlement of Waste Disputes in Court According to Law Number 18 of 2008 concerning Waste Management

Risang Pujiyanto — 2025-01-23

Garbage is something that will always grow along with the rate of population growth. If waste is not managed properly, it will become a problem that often leads to disputes. Dispute resolution regarding waste management is currently regulated in Law Number 18 of 2008 concerning Waste Management, but the norms governing it are still unclear. This research is a type of normative research that is carried out using a statutory approach. The results of the research show that Law Number 18 of 2008 concerning Waste Management does not clearly define Waste Management as one of the parties to a dispute in waste management. This is contrary to the Principle of Clarity of Formula contained in Law Number 12 of 2011 concerning Formation of Legislation as last amended by Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning Formation of Legislation invitation. The unclear definition of Waste Management can ultimately result in legal certainty in waste disputes.

Patterns of Corporate Criminalization as Perpetrators of Environmental Crimes in Nickel Mining

Anis Rifai — 2025-01-23

This study discusses the main issues: first, what is the pattern of punishment for corporations that commit environmental crimes. Related to laws and regulations, in general, laws related to this issue are administrative law and criminal law. First, administrative law related to the concept of pollution and environmental damage by corporations and administrative sanctions. Second, criminal law related to the environment, including corporate criminal acts in the environmental field as stipulated in the criminal provisions of Law Number 32 of 2009 concerning Environmental Protection and Management. The urgency of criminal responsibility for corporations as perpetrators of environmental crimes is because corporate criminal acts in the environmental sector have widespread and complex negative impacts so that they not only cause direct harm to society and the environment but also disrupt the country's financial and economic stability, given the The environmental crimes are committed with economic motives. The pattern of sentencing against corporations that commit environmental crimes in the PPLH Law should contain provisions related to sentencing patterns based on environmental conservation which include aggravation of criminal fines, regulation of the implementation of criminal fines, and sanctions for remedial action due to criminal acts.

The Responsibilities of Regional Water Supply Companies in Fulfilling Clean Water Needs are Associated with the Limited Liability Company Law

Dikha Anugrah — 2025-01-23

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.