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All Journal LAW REFORM The 2nd Proceeding Indonesia Clean of Corruption in 2020" Politik Indonesia: Indonesian Political Science Review Unes Law Review Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
mUH. Afif Mahfud
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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THE IMPLEMENTATION OF LOCAL WISDOM SIRI’NA PACCE AS AN EFFORT OF CORRUPTION ERADICATION IN INDONESIA Muh. Afif Mahfud
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Corruption is one of development obstacle in developing countries include Indonesia. One of corruption factors is morality problem. To tackle this problem, the way can be used is implementation of siri’na pacce as a local wisdom. In this research, there are two issues namely first, how is the reality of corruption crime in Indonesia and second, how is the implementation of siri’na pacce as an effort to eradicate corruption in Indonesia. This is a normative research. Data is collected through literature research, analyzed qualitatively and depicted descriptively. Based on analysis, it can be concluded that corruption in Indonesia has been classified as an extra ordinary crime. One of the causes is number of state economical detriment because of corruption. Based on Corruption Eradication Commission data, number of state detriment because of corruption in 2014 is 5.9 Trillion Rupiahs. Corruption happen in executive, legislative and judicative sector. One of the ways used to eradicate corruption is implementation of local wisdom namely siri’na pacce. Siri’na pacce culture contains honest, social solidarity and obedience to regulation. The value of siri’na pacce must be implemented by people and government official. The purpose of siri’na pacce local wisdom implementation by people is to optimize social crime prevention in corruption eradication Key words :morality problem, corruption eradication, siri’na pacce
The Role of the Pancasila Ideological Development Agency in Regulation Development and Regulatory Harmonization Purwanti, Ani; Putri, Fayreizqi Azellea Mashanda; Mahfud, Muh. Afif
Jurnal Politik Indonesia: Indonesian Political Science Review Vol 7, No 1 (2022): Politics and Development
Publisher : Political Science Program, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipsr.v7i1.34563

Abstract

The Pancasila Ideology Development Agency or BPIP was formed due to the urgency of creating a state apparatus that functions to maintain the application of Pancasila values in the life of the nation and state. BPIP also acts to formulate an outline of the Pancasila ideology, coordinate, synchronize, advocate, monitor, evaluate, recommend, develop and control strategic policies and regulations for development. Of the many tasks and functions of BPIP, this article discusses one of the functions, namely regulatory oversight. This regulatory oversight function aims to monitor, evaluate, and harmonize regional and central regulations. They are in line with Pancasila's values inclusive, democratic, and socially just. Regulatory oversight is carried out by the Deputy for Legal Affairs, Advocacy, and Regulatory Oversight. The strategic aspect of the Deputy for Law, Advocacy and Regulatory Oversight, in this case, is the implementation of an effective and efficient program in implementing Pancasila Ideology Development through the internalization and institutionalization of Pancasila in the field of law, advocacy, and regulatory oversight. Based on the research, the contribution of this deputy is the availability of the Pancasila values indicator design, the implementation of quality analysis and synchronization, the performance of advocacy for the development of the Pancasila ideology, and the implementation of the effective internalization and institutionalization of Pancasila. Through this deputy, BPIP is then expected to make a positive contribution to increasing the harmonization of regulations on Pancasila to realize social inclusion, institutionalizing Pancasila, and mainstreaming the ideals of Pancasila.
Pemberantasan Mafia Tanah dengan Menggunakan Instrumen Hukum di Indonesia (Peraturan Menteri Agraria dan Tata Ruang/Badan Pertanahan Nasional Nomor 16 Tahun 2020) Hanafiyah Arya Nashuha; Muh. Afif Mahfud
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1081

Abstract

The land mafia periodically reviews the steps taken to avoid land disputes and conflicts, but in reality these actions are always illegal. One aspect of implementation is that the event must be organized, planned and executed by a group of individuals. In reality (das sein) there are many land mafias in Indonesia where this can result in land disputes due to legal actions carried out by these individuals through land mafia intermediaries. The aim of this research is to determine the eradication of the land mafia using Indonesian legal instruments. The research carried out is a normative juridical research type. Documentary/library research is used to collect data, especially by examining documents closely related to the criminal activities of the Land Mafia and obtaining information in the form of formal provisions and existing data. The results of the research show that through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 16 of 2020 concerning the Organization and Work Procedures of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, Directorate General VII, Directorate General of Land and Land Acquisition, has a very important role in efforts to eradicate the land mafia in Indonesia. Land mafia refers to illegal activities such as forgery of documents, land misappropriation, extortion, and corruption in land transactions. Keyword: Mafia, Land, Certificates, Laws, Ministerial Regulations.
Pembentukan Badan Hukum Kelompok Masyarakat Penerima Bantuan KKP Republik Indonesia Wulansari, Dewi Ajeng; Mahfud, Muh. Afif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023): Hukum dan Pranata Sosial Islam
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3392

Abstract

This research was conducted to aim of exploring the role of notary in the formation of legal entity association as receiver from the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia’s distribution in accordance with Peraturan Menteri Kelautan dan Perikanan Republik Indonesia Nomor 2 Tahun 2021 Tentang Penyaluran Bantuan Pemerintah di Lingkungan Kementerian Kelautan dan Perikanan and to analyze the suitable form of receiver’s legal entity accordance with the requirements set by the Ministry. This research uses normative law and descriptive with descriptive qualitative as the type of research. The data collection methods used were library research and document analysis and conducted using qualitative analysis methods. The result of this study showed that the notary might acts in making the deed of association’s establishment or other legal entity desired by the public who comes to the notary with the procedures; making a deed of association to register the association until it can be registered at the database system of the Ministry of Law and Human Rights until it becomes valid. Notary plays a role in helping people who need assistance from the Ministry of Maritime Affairs and Fisheries to meet the requirements to give legal status to the establishment of their group.
Incongruence in the Definition of Land Rights in National Agrarian Law: A Path to Legal Uncertainty Mahfud, Muh. Afif; Chin Chin, Sia
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.49047

Abstract

Legal certainty as one of the goals of national land law will not be created when there is incongruence in the definition of land rights in regulations. This incongruity may affect the formation, implementation and interpretation of law in the agrarian sector. The aim of this article is to analyze the incongruence in the definition of land rights in regulations and the impact of this incongruence in the definition. Based on the analysis, it is concluded that there is an inconsistency in the definition of land rights in Government Regulation no. 18 of 2021 which states that the authority for land rights covering above the ground and underground space is not in line with PP (Government Regulation) No. 43 of 2021. The regulation states that the authority for land rights does not cover the space above the ground and underground space. This misalignment includes horizontal incongruity, formal incongruity and substantive incongruity. It will result in unclear meaning of land rights, loss of predictability of regulations, and affecting the formation, enforcement and interpretation of laws so that there is no clear reference for the community and law enforcers in acting. Ultimately, this will affect legal protection for the community in exercising their rights. It is recommended that the government harmonize the definition of regulatory land rights.
The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District Mahfud, Muh. Afif; Wibawa, Kadek Cahya Susila; ALW, Lita Tyesta; Saraswati, Retno
LAW REFORM Vol 18, No 1 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (688.554 KB) | DOI: 10.14710/lr.v18i1.44655

Abstract

Rights to Citizenship must be protected because it is the basis to be able to access the other rights. Rights to citizenship of migrant workers in Nunukan District is potentially expired and lost if they do not renew their passports. The same case may occur with illegal migrant workers who stay for 5 years abroad. This article aims to analyze the potential of stateless person in Nunukan District, the effort made by the government to handle the issue, and the ideal construction of legal protection for stateless person. This study applied socio legal approach using primary and secondary data which were collected through interview, observation, and in depth interview. Those data then were analyzed qualitatively. Based on the analysis, it is concluded that: (1) the potential of being stateless person in Nunukan District occurred in migrant workers whose passports were expired for more than 5 years, irregular migrant workers who stayed abroad for more than five years, the descendants or children of migrant workers who were born and were raised in Malaysia; (2) the government prevents the occurrence of stateless person: (a) integrated management of handling migrant workers; (b) sweeping in order to prevent irregular migrant workers; (c) simplifying the issuance of Letter of Arrival of Indonesian Citizen (SKDWNI) and Letter of Overseas Arrival (SKDLN); (3)ideal construction of the protection of right to citizenship  for migrant workers is the extension of the scope of migrant workers protection agreement, and the placement of Citizenship and Civil Record Agency officers in order to make the paperwork handling of citizenship document easier.
Co-Authors Ani Purwanti Chin Chin, Sia Hanafiyah Arya Nashuha Lita Tyesta ALW Putri, Fayreizqi Azellea Mashanda Retno Saraswati Wibawa, Kadek Cahya Susila Wulansari, Dewi Ajeng