Abdul Kadir Jaelani
Faculty of Law, Universitas sebelas Maret, Surakarta

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Public Engagement in the Implementation of the Policy on Waste Banking Abdul Kadir Jaelani; Lusia Indrastuti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1171

Abstract

Kalisoro urban village is one of the tourist areas facing the issue of rising pile of garbage and the lack of knowledge of the waste. Especially in waste management this problem really needs more attention. Society involvement support is required in this waste management. Kalisoro Village waste management is an independent waste management village which involves the community. In this management, using the Reuse, Minimize, and Recycle 3R process. This study aims to explain the participation of independent waste village management by identifying the phases of participation society, the level of participation society and the factors affecting participation in the group. This study is presented in qualitative descriptive form, using in-depth interview technique in data collection and also using interactive data analysis technique for data triangulation. In this study, the culture represented by the Non-Governmental Organisations manages the consequence of involvement society in the management of the autonomous waste villages. Society ways of engagement are to contribute ideas, resources, funds, and engage in waste collection. But not all Kalisoro Village groups participated directly. In Kalisoro Village the level of participation society involves Citizen Power.Keywords: Participation; Society; Kalioso
The Crime Of Damage After the Constitutional Court's Decision Number 76/PUU-XV/2017 Abdul Kadir Jaelani; Resti Dian Luthviati
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.816 KB) | DOI: 10.53955/jhcls.v1i1.5

Abstract

From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. These various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUU-XV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 (two) provisions. Keywords: Reputation Offenses; Legal Certainty; Constitutional Court.
Islamic Court’s Approach to Land Dispute in Inheritance Cases Lego Karjoko; Abdul Kadir Jaelani; Hilaire Tegnan; Henning Glaser; Muhammad Jihadul Hayat
AHKAM : Jurnal Ilmu Syariah Vol 21, No 2 (2021)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v21i2.21864

Abstract

This study examines the legal considerations in settling inheritance disputes involving land distribution in Selong Religious (Islamic) Court of West Nusa Tenggara. The data in this study were obtained from interviews and court decision analysis. This study shows that the practice of granting property before the death of the muwārith (testator) can cause inheritance-based land disputes in the future. Disputes usually arose when the land was distributed only to particular heirs, neglecting the others, especially the daughters and their descendants. In deciding the land disputes in inheritance cases, judges evermore considered the legal validity of the land distribution. Besides that, the judges use Islamic legal sources such as the Quran, Hadith, opinions of scholars, and fiqh in their legal considerations. However, the use of these multiple references does not necessarily lead to a diverse outcomes.  Abstrak: Penelitian ini mengkaji bagaimana pertimbangan hukum hakim dalam memutus perkara sengketa hibah tanah di Pengadilan Agama Selong, Nusa Tenggara Barat. Data pada penelitian ini diperoleh dari wawancara dan analisis putusan. Penelitian ini menunjukkan bahwa kebiasaan masyarakat menghibahkan harta sebelum kematian pewaris cenderung menjadi pemicu sengketa tanah berbasis waris di kemudian hari. Sengketa biasanya muncul dari pembagian tanah yang hanya kepada sebagian ahli waris dan merugikan sebagian ahli waris yang lain, terutama bagi anak perempuan dan keturunannya. Dalam memutus sengketa hibah tanah dalam kewarisan, hakim selalu mempertimbangkan keabsahan hukum hibah tanah dalam kasus yang diajukan. Selain itu, hakim juga menggunakan ayat-ayat al-Qur’an, hadis, pendapat ulama, dan kaidah fikih sebagai pertimbangan hukumnya.
The Standardization of Halal Tourism Management in West Nusa Tenggara Abdul Kadir Jaelani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 20, No 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1720

Abstract

This research aims at explaining the standardization of halal tourism management in West Nusa Tenggara. The result shows that the standardization of halal tourism management through Regional Regulation Number 2 of 2016 on Halal Tourism has not solved the problems of regional tourism such as good environmental maintenance from the increasingly damaged biology resource crisis, the deforestation, the limited water resources, soil erosion, sedimentation, abrasion on the cost, coral reef damage, littering 53% or about 250 ton plastic waste every day.  Even, this regional regulation is in contrary to the higher laws and religious nuances.
The Principle of Social Justice As a Solution in Illegal Mining Activities in The Old Wells Oil Management Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Abdul Kadir Jaelani; Willy Naresta Hanum
Justitia Jurnal Hukum Vol 5, No 2 (2021): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i02.9390

Abstract

The old wells oil management is petroleum management which accentuates the empowerment of local communities in the producing region. The goal of this oil management is to provide maximum prosperity for the people as mandated by Article 33 of the 1945 Constitution. This paper aims to formulate the model of old wells oil management based on the social justice principle. This paper has a normative legal study method that uses a term of old wells management in Wonocolo oil fields, Bojonegoro regency. The result is because old wells oil management in Wonocolo oil field does not fully reflect the social justice principle, then it causes illegal mining activities. Therefore, it is necessary to formulate a model of old wells management based on the principle of social justice with two indicators i.e. 1) The equal distribution of benefits and 2) Participation.Keywords: Oil, Old Wells, Illegal Mining, Benefit Distribution, Participation, Social Justice
Analysis of Urban Agglomeration in Economic and Legal Perspectives (A Study on the Development of Industrial Agglomeration Areas in Semarang City) Andi Tri Haryono; Muhamad Hasan Muaziz; Abdul Kadir Jaelani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 20, No 1 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.1714

Abstract

This study tries to analyze the implementation of laws and policies regarding the development of urban agglomerations, analyze agrarian law regulations in Indonesia addressing industrial estate issues, and analyze the leading sectors and economic potential of the city of Semarang. In this study, the authors use the Base Sector Analysis/LQ Analysis, Economic Sector Performance Analysis/Shift Share Analysis, Growth Ratio Model Analysis/GRM, Klassen Typology Analysis, Overlay Techniques, and SWOT Analysis to measure the competitive advantage of each element), and provide policy recommendations for the government as well as for industry players. The object of this research is spread over several industrial areas located in Semarang City including Wijaya Kusuma Industrial Area, Candi Industrial Area, BSB Industrial Park, and Terboyo Industrial Estate. The findings of this study are that it is known that leading sectors such as warehousing, financial services, transportation, retail, real estate, trade, and construction are economic bases that are growing rapidly and can support the development of urban agglomerations.
The Changing of Environmental Approval Administrative Law Perspective Fitri Nur Aini Prasetyo; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (591.891 KB) | DOI: 10.53955/jhcls.v2i3.55

Abstract

The renaming of environmental permits to environmental agreements is one of the issues highlighted by the Job Creation Law. Environmental approvals were deemed to not meet the licensing requirements of the State Administrative Law, so they could potentially not be challenged in court like environmental permits. This change prompted opposition from various groups. The purpose of this study is to identify the characteristics of environmental approval from the standpoint of State Administrative Law. This is normative law (doctrinal) research with a statutory and a conceptual approach (conceptual approach). Environmental approvals in the Job Creation Law can be classified as permits under State Administrative Law, and environmental approvals are granted to business actors, according to the findings of this study.
The Proliferation of Regional Regulation Cancellation in Indonesia Abdul Kadir Jaelani; Muhammad Jihadul Hayat
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (575.547 KB) | DOI: 10.53955/jhcls.v2i2.38

Abstract

The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.