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All Journal Welfare State Jurnal Hukum
Musfianawati, Musfianawati
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Perizinan Wisata Air Terjun Tancak Panti (Kajian atas PP RI Nomor 3 Tahun 2008 Tentang Perubahan atas PP Nomor 6 Tahun 2007 Tentang Tata Hutan Dan Penyusunan Rencana Pengelolaan Hutan, Serta Pemanfaatan Hutan) Susanti, Dinda Rizki; Musfianawati, Musfianawati; Hoiru Nail, Muhammad; Laily Mufid, Firda
WELFARE STATE Jurnal Hukum Vol. 2 No. 1 (2023): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i1.2070

Abstract

At the present time, traveling has become secondary requirement for people, to get rid of fatigue after work or just entertain themselves. It takes no less amount of people who like nature tourism and ecotourism. In Jember city, there is one very interesting nature tourism called the Tancak Panti Waterfall which is located in Suci Village. However, the question arises : Can the Tancak Panti Waterfall obtain authorization or licence as nature tourism? Does the Suci Village Government and the local community should be apply for requirements and qualifications to granted the licence? The aim in this article is to determine the method of normative and empirical legal research with the typical characteristics of the methods of researching Law. The result of the first discussion is that the Tancak Panti Waterfall Tourism Destination has the right to obtain licence as nature tourism in accordance with Article 33 Number (1) of Government Regulation Number 3 of 2008 on amendments to Government Regulation Number 6 of 2007 concerning Forest Management and Preparation of Forest Management Plans, As well as Forest Utilization which states that the Tancak Waterfall can obtain licence for nature tourism. The result of the second discussion is that the Suci Village Administration and the local community have the right to apply for licence in accordance with Article 67 Paragraph (2) of Government Regulation Number 3 of 2008 regarding amendments to Government Regulation Number 6 of  2007 concerning Forest Management and Preparation of Forest Management Plans, as well as Forest Utilization.
Konstitusional Pasal Penghinaan Terhadap Presiden dan/atau Wakil Presiden Dalam Perspektif Kebebasan Berpendapat bagi Warga Negara (Telaah Atas Pasal 217-220 Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana) Sholeha, Faridatus; Musfianawati, Musfianawati; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2402

Abstract

The Constitutional Court decision No.013-022/PUU-IV/2006 issued in 2006, it was stated that the article on insulting the President contained in Article 134, Article 136 and Article 137 of the Criminal Code no longer had binding legal force. The Constitutional Court stated that in its ratio decidendi regarding the abolition of the article on insulting the President and/or Vice President, namely with several considerations: 1) The Criminal Code is a legacy of Dutch colonialism. 2) Give rise to legal uncertainty (rechtsonzekerheid) and the principle of equality before the law does not apply. 3) protection of human rights. The redaction of the article on insulting the President and/or Vice President as stated in Article 217-Article 218 of Law the Criminal Code is no different from the redaction of the article on insulting the President and/or Vice President which has been declared unconstitutional by the Constitutional Court. Minimize the occurrence of a judicial review in the next three years regarding the article regarding insulting the President and Vice President. So the restrictions on the article regarding insulting the President and Vice President can be regulated by equivalent legal regulations, such as government regulations as a matter of urgency in explaining the article.
Co-Authors Laily Mufid, Firda Nail, Muhammad Hoiru Sholeha, Faridatus Susanti, Dinda Rizki