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EKSISTENSI KEADILAN DALAM KONSTITUSI
kartika, adhitya widya
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University
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DOI: 10.25123/vej.2887
Any forest ecosystem, as part of the natural environment is home to diverse animal and plant life. But existence of forest, especially rain forest, are threatened by the need to meet human insatiable demands. The constitution, on the other hand, demands the preservation of forest environment (inclusive protecting the human rights to a clean and healthy environment), the management of which is entrusted to central as well as regional-local government. Using the concept of justice as a key point, the conflict between the need to preserve and exploitation of forest resources to meet human needs shall be discussed here. This paper, using a library research and juridical dogmatic approach, attempts to trace how environmental justice is perceived in the context of the above conflicting demands.
SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE
KARTIKA, ADHITYA WIDYA;
SUTRISNO, SUTRISNO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang
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DOI: 10.36356/ulrev.v4i1.1525
Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the Presidentand the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.
SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE
ADHITYA WIDYA KARTIKA;
SUTRISNO SUTRISNO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang
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DOI: 10.36356/ulrev.v4i1.1525
Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the Presidentand the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.
THE ROLE OF THE COMMUNITY AND THE QUALITY OF VILLAGE REGULATIONS
Novia Ayu Permatasari;
Adhitya Widya Kartika
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang
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DOI: 10.36356/ulrev.v3i2.1329
Society is one of the elements in the formation of legal products by the government so that the legal products that are formed do not cause harm to one or both parties. Formation of legal products or laws and regulations in order to meet legal objectives (for example justice, expediency, and legal certainty), it is also necessary that a legal product is made by an authorized official or government which by law is given the authority to form regulations laws or legal products. This is important because it relates to the relief of a legal product or the needs and issues of village law between one village and another because of the different environmental and community conditions between one village and another. Community participation in the formation of village regulations is important because the community knows about legal issues in the community, so it is important when establishing laws and regulations, especially villageregulations to find out the aspirations of the village community concerned. In addition, public legal awareness is important in the context of enactment to achieve the goals of what is the goal of a legal product that is made. The method used is a normative juridical approach to the legislation and the doctrine of law and using qualitative analysis.
URGENCY OF SOCIALIZATION REGULATION REGARDING ESTABLISHMENT OF VILLAGE REGULATIONS
Adhitya Widya Kartika
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang
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DOI: 10.36356/ulrev.v3i2.1418
A country in carrying out its duties and authorities should have a legal basis which is the legality of its authority. This is reinforced by the state of Indonesia has included a rule of law on the constitution. While the village government is a part of the Indonesian state whose authority is one of which is regulated in the Law of the Republic of Indonesia Number 6 of 2014 concerning Villages. The village head is given the authority to form village regulations. Village regulations are expected to have solutions to village needs. Whereas in the formation of village regulations, their formation must be in accordance with the conditions of their formation. An obligation or regulation that is set to be enforceable or has a binding capacity should be regulated in a regulation which is a form of agreement between the government and the community. But there are provisions or regulations whose implementation rules are not to the last level. In fact there are provisions even though they have been enacted but there is no socialization so there are obstacles in their implementation. So it is important to socialize legal norms. Research on the urgency of socialization of legislation related to the formation of village regulations uses empirical legal research methods in which data can be obtained from the field or also referred to as socio legal research related to the formation and implementation of legislation related to village regulations
Legal Position of Awig –Awig in the National Legal System as a Source of Law (Written Customary Law)
adhitya widya kartika;
Wiwin Yulianingsih;
Yana Indawati
Veteran Justice Journal Vol 2 No 1 (2020): Veteran Justice Journal
Publisher : Universitas Pembangunan Nasional "Veteran" Jawa Timur
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DOI: 10.33005/vjj.v2i1.30
Village is the smallest part of the state structure. A number of villages in Indonesia have distinctive features which contain traditional elements. One of the elements of this custom is customary law. In the community of Pakraman Bali Village, there are indigenous people in which customary law applies. This customary law is stated in awig-awig. If we look at the discussion then it is related to the legal structure, of course there is a connection related to that part of the legal system. The legal system in a state can be referred to as a national legal system in which the national legal system has parts or elements that each function and have a relationship, namely between one part and another. Likewise, there are laws that are part of the customary law community where the customary law community is part of the village which is an institution in the state structure. This then becomes an issue of how the position of awig-awig is in the national legal system. This research was conducted through an analysis of legal facts and legal doctrine, namely the theoretical and statutory approaches. This article is the result of research funded by the university, so it is the outcome product of this research. The discussion in this analysis shows that awig-awig is written customary law, while what is generally understood so far is the unwritten law. In addition, the position in national law is recognized because it is the right of the customary law communities in Bali (adat in Pakraman Village, Bali). In addition, of course, awig-awig can be used as a source of material law, which is a social conception that exists in society, some of which are still applicable and some need conformity.
Aspek Regulasi dan Kewenangan Penegakan Hukum Pajak Reklame
Tinara Aisyah Nikita;
Adhitya Widya Kartika
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia
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DOI: 10.19184/jkph.v1i2.24394
The Mayor's Regulation Number 21 of 2018 licenses procedure and other matters that the taxpayer must obey. This study analyzed the effectiveness of law enforcement on the late-payment of advertisement tax in Surabaya. This study used empirical legal research that observed the effectiveness of the law in society and how the law works in society. The data collected were from documentation from literature and legislation, observation in the community, and interviews with related parties. It showed that law enforcement was effective but with several obstacles experienced in enforcing the law. In particular, it dealt with the COVID-19 pandemic as the challenge that required new conditioning according to the recommendations from the central government. This study concluded that the law enforcement of billboard tax payments in Surabaya is quite effective due to the achievement of tax revenue targets that always reach the target. However, there are still many obstacles faced, and several solutions deal with these obstacles. KEYWORDS: Advertisement Tax, Billboard Tax, Law Enforcement, Tax, Surabaya.
Urgency of Socialization Regarding Regulation of Village Head Election in Prasung Village, Buduran District, Sidoarjo
adhitya widya kartika
Veteran Society : Jurnal Pengabdian Masyarakat Vol 1 No 1 (2020): Veteran Society Journal
Publisher : Faculty of Law
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DOI: 10.33005/vsj.v1i1.6
Abstract The rule of law and democracy carries the consequence that the actions of the government in administering the government system must be in accordance with or limited to laws and regulations and include the community as well as in the village government system. Democracy is manifested in the implementation of village head elections. Election of Village Heads is different from general elections (in general) this is seen from several things. In addition there is the dynamics of legislation related to the election of village heads so the government and the community are bound and obey the laws and regulations. Therefore it is important if the village government and the village community understand the regulation, so socialization is needed so that the same understanding occurs. Likewise with the election of village heads inVillage Prasung, Buduran District, Sidoarjo Regency, East Java Province should be in accordance with the laws and regulations that have been enacted. However, there is a dispute related to the statutory provisions governing the election of village heads, namely the prohibition of candidates who are sentenced to imprisonment based on a court decision that has the legal force fixed for a minimum of 5 (five) years or more to nominate as a candidate for village head. However, there are exceptions when completed and announced in connection with the conviction. Therefore, there are several results of the analysis that then arise, among others, it is correct that the organizer of the election of the village head if the implementation of compliance with applicable regulations, there is less explicit meaning of the exclusion in the terms of the prohibition of the convicted or after serving a crime. Keywords: Socialization, Village Head Election, Rule of Law, Democracy, Village
Pengetahuan Hukum Materi Muatan Peraturan Desa Bagi Pemerintah Desa dan Masyarakat Desa Suruhwadang, Kademangan, Blitar
adhitya widya kartika
Veteran Society : Jurnal Pengabdian Masyarakat Vol 2 No 1 (2021): Veteran Society Journal
Publisher : Faculty of Law
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DOI: 10.33005/vsj.v2i1.20
Abstrak Pelaksanaan peraturan hukum yang sesuai tujuan tergantung pada keefektifan atau dilaksanakannya peraturan hukum itu secara optimal. Tercapainya suatu tujuan hukum tersebut tidak hanya menjadi tanggung jawab terhadap suatu peraturan yang berkualitas tetapi juga peran dari pemerintah juga masyarakat. Begitu juga dengan peraturan desa sebagai bagian produk regeling pada tatanan pehaturan hukum nasional. Peraturan Desa dalam pembentukannya dibutuhkan peran pemerintah yaitu Kepala Desa juga masyarakat diwakili BPD tentunya perlu memahami apa saja yang dapat diatur dalam Peraturan Desa. Selain itu pengetahuan hukum tentang materi perlu dipahami oleh masyarakat desa karena partispasinya diperlukan dalam wadah Badan Permusyawaratan Desa yang turut serta dalam pembentukan Peraturan Desa selain itu sebagai pengawasan pembentukan Peraturan Desa pembentukan maupun pelaksanaannya. Oleh karenanya Pengabdian masyarakat melalui sosialisasi menjadi penting. Tujuan dari kegiatan adalah meningkatkan pemahaman pemerintah desa dan masyarakat desa terkait materi muatan peraturan desa. Pengabdian dilakukan sosialisasi terhadap pemerintah dan masyarakat desa di Suruhwadang, Kademangan Blitar. Pelaksanaannya dilakukan sosialisasi terkait pemasalahan hukum pada masyarakat di Desa Suruhwadang, Kademangan, Blitar dengan penyampaian secara lisan dan diskusi tanya jawab. Hasil bahwa belum adanya pemahaman materi muatan diluar kegiatan rutin seperti Anggaran Pendapatan dan Belanja Desa kemudian setelah sosialisasi timbul pemahaman bahwa dapat materi muatan selain hal tersebut tetapi tetap berpedoman pada kewenangan desa. Keywords: Materi Muatan, Peraturan Desa, Pemerintah Desa, Masyarakat Desa.
The Actualization of the Autonomous Norms of Village Regulations in Sekaran Lamongan Sub-District in Accommodating Village Needs in the Unitary State of the Republic of Indonesia
Adhitya Widya Kartika
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Future Science
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DOI: 10.11594/nstp.2019.0407
Research on village regulations is important for the smooth functioning of village governments in carrying out their government functions. The legal norm, in this case, is regaling, which is an important village regulation to be compiled as a benchmark for the village government in carrying out its government functions. Village regulations are drawn up by village officials and villagers are expected to cover all the aspirations needed by the community and the government to develop the village concerned. However, if the lack of knowledge and socialization can cause things that are not expected to be achieved, then this research is needed to ensure that their implementation is following the norms in the law. This research was conducted with social-legal research with respondents who process secondary data and then conclude. The results of his research include that village regulation already exists in every village except that there are still many village regulations which are village regulations on annual village activities. For example about the village budget and village regulations related to village head reporting. Village regulations other than annual activities are only carried out by a few villages. Also, other provisions that can be stated in village regulations are still limited to verbal regulations or socialization, for example regarding the natural handling of village pests, one of which is by installing owl nests. This has not been stated in village regulations.