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All Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Afifah, Dashilfa
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum Terkait Hak-Hak Masyarakat Konservatif Dalam Pembangunan Ibu Kota Nusantara Afifah, Dashilfa; Aristias, Adinda; Manullang, Imelda Arthameisia; Sukma, Nina Fitria; Prasetyo, Handoyo
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11658207

Abstract

The development of Ibu Kota Nusantara (IKN) as the new capital of Indonesia has significant impacts on various community groups, including conservative communities residing in the affected areas. Legal certainty is key to ensuring that their rights are protected during the development process. This study aims to analyze the potential violations of land rights and legal protection of environmental rights for conservative communities in the context of the development of Ibu Kota Nusantara, including rights to land, culture, livelihood, and socio-economics. This study analyzes various regulations and policies implemented to sustain the lives of conservative communities and evaluates the effectiveness of existing legal mechanisms in protecting their interests. The research method used is a normative juridical approach with an analysis of applicable laws and regulations as well as related literature reviews. The results show that there are no comprehensive policies regulating the recognition of indigenous communities in the Ibu Kota Nusantara area, leading to overlapping recognition between different regulations. Thus, there is a risk of violations of land and environmental rights for conservative communities due to the development policies of Ibu Kota Nusantara, which have not fully considered legal certainty for the interests and rights of the conservative communities living there.
Keabsahan Pencatatan Perkawinan Beda Agama Antar Warga Negara Indonesia yang Dilakukan di Luar Negeri Afifah, Dashilfa; Pranitiaz, Laras Medina; Dewanti, Tyur Regina; Sukma, Nina Fitria; Naufal, Abyan Hafizd; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11534715

Abstract

This research aims to assess the validity of interfaith marriages between Indonesian citizens conducted abroad based on Law Number 1 Year 1974 on Marriage. In addition, this study also evaluates whether interfaith marriages between Indonesian citizens abroad can be considered as a form of legal smuggling in the perspective of International Civil Law. The approach used is normative juridical research, which utilizes secondary legal sources, consisting of primary, secondary, and tertiary legal materials. The data collection method is done through literature study. Based on the results of the research, it is found that interfaith marriages between Indonesian citizens abroad are considered invalid according to the UUP because they violate the provisions of Article 2 paragraph (1), which states that marriage is valid if it is carried out according to the laws of each religion and belief. Therefore, such interfaith couples often use Article 56 as a basis to solemnize marriages abroad and then record them in Indonesia in order to fulfill administrative requirements in accordance with the UUP. According to the rules of International Civil Law, a marriage is performed under the law of the place where the marriage takes place. However, in the context of Indonesian law, this practice is often considered a form of legal smuggling against Article 2 paragraph (1) of the UUP, as couples avoid the restrictions of national law by marrying abroad. Thus, although legally valid in the country where the marriage was performed, the interfaith marriage is not recognized as valid under the UUP without re-registration in Indonesia.
Ketetapan Hukum Bagi Perusahaan Atas Keselamatan Kerja Karyawan Terhadap Kecelakaan Yang Mengakibatkan Korban Jiwa (Studi Kasus Kecelakaan Bus Pariwisata yang Ditumpangi SMK Lingga Kencana Depok) Afifah, Dashilfa; Aristias, Adinda; Wibowo, Hanifah Fairuz; S, Satino
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11622715

Abstract

Workers are valuable assets for a company that need to be protected through the implementation of Occupational Safety and Health (K3), because threats to their safety and health while working can affect the working relationship between workers and the company, including the risk of traffic accidents. Traffic accidents, which are described in Law no. 22 of 2009 concerning Road Traffic and Transportation, is an unexpected incident involving vehicles and can cause material loss and injury to victims. This research discusses the protection provided by companies for workers who experience accidents, as well as the company’s role in protecting the rights of accident victims as bus passengers. The research method used is the normative juridical method, which examines statutory regulations, legal conceptions, legal principles and legal doctrines related to the problem. The analysis also involved a tourist bus accident case involving passengers from Lingga Kencana Vocational School, Depok. The research results show that the protection provided by the company to workers who experience accidents is very important, where workers have the right to receive compensation for treatment and rehabilitation due to accidents. Apart from that, legal protection for victims of traffic accidents is regulated in Article 240 of the Road Traffic and Transportation Law and Article 191 of the LLAJ Law.
Co-Authors Aristias, Adinda Dewanti, Tyur Regina Handoyo Prasetyo Manullang, Imelda Arthameisia Naufal, Abyan Hafizd Pranitiaz, Laras Medina Ramadhani, Dwi Aryanti S, Satino Sukma, Nina Fitria Wibowo, Hanifah Fairuz