JURNAL HUKUM SEHASEN

A Comparative Study of the Legal History of the Regulation of Excise Tape Attachment in Indonesian and Philippine National Laws

Carl Augustinus Hothinca Soutihon Tampub — 2024-04-04

One of the state revenues comes from excise tax, especially tobacco products, namely cigarettes. However, a breakthrough or certain steps are needed so that state revenue can be obtained optimally. Of course, supervision and control are needed as well as a strict mechanism for the imposition of cigarette excise to ensure the repayment of excise. As a sign of the payment of excise tax, there is currently a physical excise tax band on cigarette products. In addition to Indonesia, it is necessary to look at other countries that regulate cigarette excise tapes as a sign of excise payment, namely the Philippines. We can see this through the mechanisms or legal procedures owned by the country. Therefore, through this research, a Legal Comparative Study of the Legal History of the Regulation of the Placement of Excise Stamps in Indonesian and Philippine National Law will be examined. Then, as a tool to test this scientific paper, it uses a type of juridical-normative research with a legislative approach. In addition, to enrich this research, it will use a comparative law system as a comparison material in processing research data. The result of this research is the hope that based on the mechanisms owned by several countries, Indonesia can follow this pattern as a tangible form of increasing more state revenue.

Legal Analysis Of The Legal Nullibility Of Online Loan Agreements Based On Financial Technology (Fintech)

Siti Marisa Juliama — 2024-04-04

This research aims to determine the legal nullity of fintech-based online loan agreements as well as forms of legal protection for debtors who enter into fintech-based online loan agreements. This research method uses normative legal research. This data is filtered through records in primary and secondary law, meaning studying and investigating several material materials such as journals, literature and statutory regulations. After collecting the material, then analyze the material using qualitative descriptive methods. The results of this research reveal that financial technology (Fintech)-based online agreements are invalidated if the agreement does not adhere to the basis of Article 1320 of the Civil Code and Article 47 paragraph (2) of Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions (PP PSTE). Then the form of legal protection for creditors who enter into online loan agreements based on financial technology (Fintech) consists of preventive legal protection and repressive law.

Constraints of the Consumer Dispute Resolution Agency (BPSK) in Resolving Disputes

Hisyam Asyiqin — 2024-04-07

Penelitian ini bertujuan untuk mengetahui kendala yang dialami oleh BPSK. BPSK (Badan Penyelesaian Sengketa Konsumen) ialah menjadi wadah atau lembaga yang dapat membantu untuk menyelesaikan konsumen diluar pengadilan. Dasar Hukum pembentukan BPSK, adalah pasal 49 ayat (1) UUPK dan Kepmenperindag Nomor 350/MPP/Kep/12/2001. Adapun tujuan dari pembentukan lembaga BPSK ini ialah untuk melindungi hak-hak dari konsumen maupun pelaku usaha agar memiliki kekuatan hukum tetap dan informasi terkait hak konsumen maupun pelaku usaha atau secara mudahnya tujuan dibentuknya BPSK ini untuk meringankan sengketa yang dialami konsumen secara mudah dengan tidak dipungut biaya daripada penyelesaian masalah melalui jalur pengadilan. Lahirnya lembaga BPSK adalah hasil dari Implemantasi dari Undang-Undang Nomor 8 Tahun 1999 tentang Undang-Undang Perlindungan Konsumen. Tetapi putusan yang dikeluarkan BPSK dirasa kurang tajam dan paten dalam membuat keputusan, hal ini dapat terlihat dalam beberapa putusannya yang ditolak oleh Pengadilan terutama Mahkamah Agung. Hal ini tentunya berpengaruh terhadap integritas dari putusan yang dikeluarkan oleh BPSK. Dapat terlihat dari kasus tersebut bahwa didalam menyelesaikan sengketa konsumen BPSK memiliki kendala-kendala didalamnya.

Islamic Law Challenges To Carbon Market Development: A Case Study On Risk Management And Sharia Compliance

Nisa Uljanah — 2024-04-07

Carbon markets have become a vital instrument in global efforts to address climate change. Nevertheless, the development of carbon markets is not without legal challenges, especially when considered from an Islamic Law perspective. This study proposes the application of an Islamic legal framework to identify and analyze the challenges that arise in the development of carbon markets. The main focus of this study is on risk management and sharia compliance in the context of carbon markets. Through in-depth case studies, this research explores potential conflicts between carbon market principles and sharia principles, especially related to transparency, speculation and profit distribution. Managing risks, such as those related to market volatility and uncertainty in the regulatory environment, is also an important aspect that requires a sharia-based approach. Additionally, this study explores efforts and strategies that can be adopted to ensure full compliance with sharia principles in the operationalization of carbon markets. This research uses a qualitative research method with an inductive approach that prioritizes data from previous studies.The results of this research provide in-depth insight into the complexity of the legal challenges faced in developing carbon markets from an Islamic Law perspective. Practical implications and policy recommendations are outlined to guide stakeholders in designing and managing carbon markets by considering sharia values and principles. Thus, this research makes a significant contribution to the Islamic legal literature and enriches our understanding of the integration of Islamic principles in the development of global carbon markets

Cigarette Excise: Between State Revenue And Global Demands

Carl Augustinus Hothinca Soutihon Tampub — 2024-04-07

One of the state revenues comes from excise tax, especially tobacco products, namely cigarettes. However, a breakthrough or certain steps are needed so that state revenue can be obtained optimally. Globalization has responded to the existence of excise, especially from cigarette products as a country's income. In addition, the law is also required to play a role in providing certainty, expediency and justice in terms of responding to the existence of excise tapes as a sign of payment of excise. Therefore, through this research, it will be described how the role of excise as state revenue and the development of cigarette excise in the global environment. Then, as a tool to test this scientific paper, it uses a type of juridical-normative research with a statutory approach. In addition, to enrich this research, primary data will be used from books, journals and so on and secondary data will be added as a complement to this research. The results of this study, the hope is based on the mechanisms owned by several countries, so that Indonesia can follow the pattern as a tangible form to increase more state revenue.

The Technical Preparation Of Legislation In The Legal System Of Indonesia

Akhmad Zaki Yamani — 2024-04-08

Tujuan penelitian ini mengetahui bagaimana proses pembuatan naskah rancangan peraturan naskah undang-undang serta teknis peraturan perundang-undangan. Penelitian ini bersifat deskriptif dan kualitatif, bertujuan untuk mendeskripsikan gejala atau peristiwa yang terjadi pada saat sekarang atau masalah aktual. Dengan pendekatan kualitatif, penelitian ini berfokus pada pemahaman dan penafsiran makna peristiwa atau interaksi tingkah laku manusia dalam situasi tertentu menurut perspektif peneliti. Metode yang digunakan adalah metode penelitian kepustakaan atau kajian pustaka, yang menitikberatkan pada olahan filosofis dan teoritis, berbeda dengan penelitian sosiologis atau empiris yang lebih menekankan pada aspek lapangan atau observasi langsung. Hasil penelitian menunjukan bahwa peraturan perundang-undangan sebagai produk hukum bertujuan untuk dipatuhi oleh masyarakat dan berperan sesuai fungsinya. Soerjono Soekanto mengidentifikasi tiga kriteria penting untuk menjaga fungsi optimal perundang-undangan. Analisis dari perspektif normatif yuridis menyoroti pentingnya dasar hukum yang jelas, kewenangan yang sesuai, dan keberlanjutan kesesuaian dengan tingkatan hukum yang lebih tinggi. Sosiologis menekankan adaptasi peraturan terhadap kebutuhan dan nilai-nilai masyarakat, sementara perspektif filosofis menyoroti pentingnya mencerminkan pandangan hidup dan nilai-nilai bangsa, khususnya dalam konteks Indonesia dengan dasar filsafat Pancasila. Perspektif politis menambahkan landasan politis sebagai panduan kebijakan dalam pembentukan undang-undang. Selain itu, aspek teknis pembuatan peraturan, seperti kejelasan perumusan, konsistensi istilah, sistematika prediktif, dan kemudahan pemahaman bahasa, juga penting diperhatikan. Meskipun memiliki landasan yang kuat, terus melakukan evaluasi dan perubahan peraturan perundang-undangan perlu dilakukan untuk menjaga relevansi dengan perkembangan masyarakat dan dinamika hukum.

Study Of The Political Dynasty “Native Tenganans” In The Government Of Tenganan Pegringsingan Traditional Village Bali

I Ketut Oka Setiawan — 2024-04-08

The Indonesian state is a unitary state in the form of a republic. Still, in practice, there are dynastic politics of the "Native Tenganans" in the government of the traditional village of Tenganan Pegringsingan Bali. This contradictory situation needs to be questioned regarding its legality, occurrence, and how to maintain this political dynasty. This short research used descriptive analysis with an empirical normative approach. Data is presented in narrative form and analyzed qualitatively. The research results revealed that the legality of the "Native Tenganans" political dynasty in village government can be found starting from the basic state law and Law No. 6 of 2014 concerning villages. This political recognition also includes the existence of the political dynasty of Native Tenganans. In line with the country's politics, the origins of the Native Tenganans dynasty were obtained from the king of Karangasem as a reward for providing services to the ancestors of the Native Tenganans for a piece of territory (village) complete with its system of government. The way to maintain the political dynasty of the Native Tenganans is determined by establishing a militant character through Matruna Nyoman Education for the next generation, requiring their descendants to enter into endogamous marriages, and determining the benefits of land in the village area as joint ownership for the welfare of its citizens.

Analysis Of The Application For Determination Of Child Guardianship On Behalf Of The Birth Mother To Conduct The Sale Of A Plot Of Land Based On Decision Number: 235/PDT.P/2023PN.TJK

Tami Rusli — 2024-04-08

The purpose of this research is to understand and comprehend the considerations of the judge in granting the request for the appointment of guardianship over a child in the name of the biological mother to carry out the sale of a piece of land based on Decision Number: 235/Pdt.P/2023/PN.Tjk and to know and understand the legal consequences of the parents' position over a child who is not of sufficient age to carry out the sale of a piece of land based on Decision Number: 235/Pdt.P/2023/PN.Tjk. The research approach used in this study is a normative approach by searching and analyzing legal facts, especially those related to marriage, children, and guardianship norms in legislation, as well as conducting research on primary data in the field. The results of this study show that the judge granted the request for the appointment of guardianship based on considerations related to the child's interests, in accordance with Article 26 paragraph (1) of Law No. 35 of 2014 concerning Child Protection, which states: 'Parents are obligated and responsible for nurturing, educating, maintaining, and protecting the child.' The legal consequence of the parents' position as guardians of a minor child can be considered valid in the eyes of the law, as determined by the court.

The Effectiveness of Implementing Law Number 23 of 2004 Concerning the Elimination of Domestic Violence in The City of Palopo

Kusmawati Kusmawati — 2024-04-08

This research was conducted with the aim of: (1) knowing and analyzing the effectiveness of implementing Law Number 23 of 2004 on eliminating domestic violence in Palopo City; (2) knowing and analyzing the factors that influence the effectiveness of implementing Law Number 23 of 2004 concerning the elimination of domestic violence in Palopo City. This research uses primary data through data obtained through field research with parties related to this research, totaling 20 respondents. The results of this research indicate that the implementation of the Law on the Elimination of Domestic Violence in Palopo City is still less effective, this is assessed from the data obtained by the author, namely that acts of domestic violence are increasing every year. The factors that influence the effectiveness of the Law on the Elimination of Domestic Violence in Palopo City are community factors with a percentage of 36% of the 50 respondents, followed by law enforcement factors at 20%, legal factors at 18%, cultural factors at 16%, and facility and environmental factors. supporting facilities 5%.

Implementation Of Work Discipline Rules For Civil Servants In Accordance With Government Regulation NO. 53/2010 Has A Significant Impact On Motivation And Performance In The Jakarta Provincial Government Environment

Hariyati Hariyati — 2024-04-08

Government Regulation No. 53/2010 has regulated the discipline of civil servants (PNS) and requires the establishment of the Regional Personnel Agency (BKD) by regional heads to ensure the smooth implementation of ASN duties in the regions. However, the implementation of this discipline is still not optimal due to violations such as irregular attendance and leaving the office during working hours. This study aims to investigate the influence of motivation, work discipline, and career development on the performance of civil servants in DKI Jakarta. The focus is on factors that affect civil servant performance as well as the effectiveness of enforcement of disciplinary sanctions in accordance with Government Regulation No. 53 of 2010. The results show that civil servants are individuals who are appointed by authorized officials to fulfill state duties, with factors such as work culture and supervision systems affecting their performance. To improve the performance of civil servants, the government implements discipline in accordance with the regulation, which includes setting sanctions for violations of ASN discipline.

Limitation Of The Crime Of Embezzlement Of Foundation Financial Management

Dodi Togatorop — 2024-04-09

The alleged misappropriation of funds by the Aksi Cepat Tanggap (ACT) Foundation has attracted public attention in Indonesia and raised questions about the use of Foundation funds, especially funds derived from public donations. This research aims to analyze whether the use of Foundation funds for salaries and the use of funds that are not in accordance with the program can meet the elements of the crime of embezzlement. The method used in this research is normative legal research using secondary data, such as laws and regulations, literature, and previous research results. The results of the analysis show that the use of Foundation funds for salaries can fulfill the elements of embezzlement crime if it meets three certain criteria, namely the receipt of salaries by the Foundation management, the relationship between the management and the founder of the Foundation, and the non-implementation of the Foundation's management directly and fully. Not only that, the use of Foundation funds that are not in accordance with the program can also fulfill the elements of embezzlement if it meets three criteria, namely the use of funds for personal interests, interests that are not in line with the objectives of the Foundation, and interests that are contrary to the Articles of Association of the Foundation.

Comparative Analysis Of The Fulfillment Of Normative Rights For Workers At The Time Of Termination Of Employment

Dwany Linca Iswanto — 2024-04-09

This study aims to determine the ratio legis of Law No. 6 of 2023 and the suitability of changes in the fulfillment of normative rights in the event of unilateral termination of employment with the objectives of labor law. This research uses the normative legislative hierarchical research method as one of the research approaches used by the author by examining the legislative regulations that are related to the content of the researched hierarchy. The results of the study show that from several changes to Law No. 6 of 2023 concerning Job Creation in Fulfilling Workers' Normative Rights when Unilateral Termination occurs, it is still not in accordance with the Objectives of Labor Law, because there are still overlapping regulations regarding employment, especially unilateral termination of employment and the stipulation of the Law is considered too fast without going through the Omnibus Law so that it is not coherent with the Objectives of Labor Law and the changes are still based on other laws.

Providing Additional Sanctions For Cybercrimes Related To Indecent Crimes

Wahyu Tri Hartanto — 2024-04-09

Providing additional sanctions for cyber crimes related to immoral crimes is an important step in dealing with threats that arise in the era of digitalization. This article explores the urgency, types of additional sanctions that may be imposed, judges' considerations in imposing additional sanctions, and the challenges in implementing them. Cyber crimes related to immorality, such as the distribution of pornographic content and grooming, have a serious impact on victims and society. Therefore, providing additional sanctions aims to provide appropriate punishment to the perpetrator and prevent the recurrence of similar criminal acts in the future. Judges need to consider various factors, including the severity of the act, the impact on the victim, and the principles of justice and human rights in determining appropriate additional sanctions. Although faced with a number of challenges, cooperation between various institutions and relevant stakeholders is expected to strengthen law enforcement against cybercrime and provide better protection for society from threats in cyberspace.

Responsibility of Criminals for Abuse of Visit Visa Exemptions in The Working Area of The TPI Makassar Class 1 Immigration Office

Mustakim Tenreng — 2024-04-09

This research was conducted with the aim of: (1) knowing and analyzing the forms of accountability and law enforcement regarding misuse of free visit visas that occur in the working area of the TPI Makassar Class 1 Immigration Office; (2) knowing and analyzing the factors that influence law enforcement regarding misuse of free visit visas in the working area of the TPI Makassar Class 1 Immigration Office. The research method in this research uses empirical research type. Data collection techniques were carried out through interviews and distributing questionnaires. Data were analyzed using descriptive analysis methods using the theory of legal effectiveness as the analytical tool for this research. The results of this research show that: (1) Forms of accountability and law enforcement for misuse of free visit visas that occur in the working area of the TPI Makassar Class 1 Immigration Office are carried out in two ways, namely administrative actions in the Immigration sector and Pro Justisia actions. At the TPI Makassar Class I Immigration Office, immigration cases more often occur, the handling of which is resolved by administrative action in the Immigration sector; (2) Factors that influence law enforcement regarding misuse of free visit visas in the working area of the TPI Makassar Class 1 Immigration Office, namely; legal factors, law enforcement factors, facilities and infrastructure factors, community factors, and legal culture

Oligarchy Of Power In The Management Of C-Mine Resources In Noemuti, North Central Timor Regency

Alfridus S.D. Dari — 2024-04-09

This paper raises the dynamics of oligarchic power relations in the management of C-quarry mining resources in the form of stone in Noemuti District, North Central Timor Regency. This research uses the oligarchy theory of Jeffrey Winters as a basis for analysis in looking at mining problems that seem to be deadlocked when dealing with power authorities in resource management in the regions. The practice of oligarchy in Winters' theory uses 5 main approaches. But in this paper, it only limits to two approaches, namely the concentration of wealth and the concentration of power. Facing the dynamics of oligarchy that strengthens in local resource governance, on the other hand, presents resistance from civil society to take part in the legitimacy of power in the context of equitable distribution of resource management policies. The practice of community resistance is based on Sidney Tarrow's theory of collective challenge, common goals, solidarity and collective identity and maintaining the politics of resistance.

Implementation of Supervision of Regional Government Implementation Based on Government Regulation Number 12 of 2017 In Gowa District

Yusri Yunus — 2024-04-09

The objectives of this research are: 1) To know and analyze the implementation of the effectiveness of the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency, and 2) To know and analyze the factors that influence the implementation of the effectiveness of the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency. The research method, in this case, combines normative legal elements, which are then supported by the addition of data or empirical elements. This normative-empirical research method also concerns the implementation of normative legal provisions (laws) in action in every particular legal event that occurs in a society. The research results show that the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency in terms of the scope of supervision is internal supervision carried out internally functionally. This means that supervision is carried out by officials within the organization itself functionally, whose position is part of the institution being supervised. Factors that influence the implementation of supervision of regional government administration based on Government Regulation Number 12 of 2017 in Gowa Regency include legal substance, legal structure, legal culture, legal knowledge facilities and infrastructure, and legal awareness.

Characteristics Of Sales And Purchase Agreement Of Flats With Pre Project Selling System With Criminal Effect

Liliana Sysylia Darmono — 2024-04-09

This research explores the characteristics of apartment sale and purchase agreements with a pre-project selling system which have the potential to give rise to criminal consequences. The pre-project selling system is becoming a trend in the property industry, where property units are sold before the construction project begins. This research discusses how the characteristics of apartment sale and purchase agreements with this system can contribute to the potential for criminal acts to occur. The research method involves analysis of treaty documents, related legislation, and case studies related to criminal law. The research results highlight critical aspects of the agreement, such as unclear clauses, payment of large amounts before the project begins, and uncertainty over the project completion period. Possible criminal legal implications include fraud, embezzlement, or violations of consumer protection laws. Therefore, this research provides an in-depth understanding of the characteristics of apartment sale and purchase agreements with a pre-project selling system and highlights the need for increased regulation and legal protection to protect consumer interests and prevent potential criminal acts in such property transactions.

Anti-Corruption Education Policy At Marshal Suryarama Aerospace University Based On Regulation Of The Minister Of Research, Technology And Higher Education No. 33/2019 On The Implementation Of Anti-Corruption Education In Higher Education

Ardison Asri — 2024-04-09

Anti-corruption education is an effort to reform political culture through the education system to make sustainable cultural changes, including to encourage the creation of a good governance culture in schools and universities. For higher education, the Directorate General of Higher Education of the Ministry of Education and Culture issued Circular Letter Number 1016/E/T/2012 dated July 30, 2012 jo. Regulation of the Minister of Research, Technology, and Higher Education Number 33 of 2019 on the Implementation of Anti-Corruption Education in Higher Education which emphasizes to State Universities and Private Universities to organize Anti-Corruption Education starting in 2012/2013 in the form of Mandatory / Elective Courses or inserted in relevant courses. Therefore, it is very interesting to examine how the anti-corruption education model policy at Marshal Suryadarma Aerospace University. To answer these problems, a normative juridical research method supported by empirical research is used. From the results of the research, it is found that anti-corruption education is very necessary to be given to students in the Elementya environment. Regarding the policy model, there are those who think that anti-corruption education needs to be taught as a separate course, but there are those who think that anti-corruption education is sufficiently inserted or integrated with other courses.

Law Enforcement In Regional Head Elections Regarding Campaigns Conducted Through Social Media In Barru Regency

Asrul Asrul — 2024-04-09

The research aims to: 1) find out and analyze measures to prevent violations of campaigns via social media, and 2) To find out and analyze the factors influencing law enforcement against campaigns via social media. This type of research is empirical and sociological juridical law, data obtained by the author from document studies and interviews with interested parties, in this case, the Barru Regency BAWASLU, namely the Bawaslu chairman, members and staff of the Regency Bawaslu. Barru, then quantitative descriptive analysis was carried out. The results of the author's research found that: Law enforcement in regional head elections regarding campaigns carried out via social media in Barru Regency carried out by Candidate Pairs or Campaign Teams via social media can be carried out in an orderly manner influenced by the factors of the law and effective law enforcement in implementation. monitoring campaigns by regulations. However, there is still a lack of public awareness to be wise in using social media for campaigning. It is less effective because one of the law enforcement processes is through rehabilitation decisions at the Makassar District Court. There are still many victims of narcotics abuse who have not successfully undergone the rehabilitation process, thus causing victims to become dependent on narcotics. Factors that influence law enforcement against victims of narcotics abuse in the city of Makassar include: legal substance, legal structure and legal culture. Actions to prevent campaigns carried out via social media are that Candidate Pairs or Campaign Teams who use social media as a campaign tool use official social media accounts that have been registered with the General Election Commission.

Liability Of The Perpetrator Intentionally Accessing Another Person's Computer In The Implementation Of The Civil Servant Candidate Entrance Examination (Study Of Decision Number 702/PID.SUS/2022/PN.TJK)

Bambang Hartono — 2024-04-26

The era of globalization demands the rapid development of technology and information. Human life is inseparable from law, as mandated in the 1945 Constitution of the Republic of Indonesia. Civil servants play a crucial role in the governance and development of the country. This study highlights the criminal liability of defacing offenders, a cybercrime that damages the appearance of a website. The ITE Law regulates this act, threatening punishment for those who access computers without authorization and make modifications to electronic information belonging to others. This research examines a case in Lampung, where the perpetrator assisted CPNS test participants by accessing computers and modifying answers. Through normative and empirical juridical approaches, this research examines the criminal liability of the perpetrator, including the internal and external factors that motivated the act.

The Principle Of Justice Ratio Decidendi Of The Judge In Decision Number 813 K/PID2-23

Missleini Missleini — 2024-04-26

Decision Number 813 K/PID2-23 is of deep concern in the legal field, especially regarding the analysis of the ratio decidendi principle of justice applied by judges in determining decisions. In this context, it is important to understand the various aspects that are taken into consideration by judges in making fair and just decisions. In this discussion, we will explore several key aspects that need to be considered in analyzing the principle of justice in Decision Number 813 K/PID2-23. These aspects include the principles of proportionality in the application of law, equality before the law, legal certainty, and rehabilitation and resocialization. This research also refers to the relevance and implications of the decision for the development of law and justice in society. It is hoped that this discussion can provide deeper insight into how the principle of justice ratio decidendi of judges is applied in the context of complex criminal cases such as Decision Number 813 K/PID2-23.

The Existence Of Islamic Legal Values In The Indonesian Legal System And Their Application In National Legal Development

Muhammad Ali — 2024-04-26

This research aims to determine and analyze the values of Islamic law in the national legal system and to analyze Islamic legal factors that influence national legal development. This research uses a type of normative legal research that is prospective in nature and focuses on observing legal history and observing/synchronizing law vertically and horizontally. With the technique of collecting secondary legal materials in the form of the existence of Islamic values in the national legal system, then qualitative analysis is carried out descriptively and perspectively. The research results show that (1). Islamic legal values cannot be separated from the character of the national legal system. Islamic legal values also guarantee human rights in their conception in line with the ideals carried out in the formation of the legal system in Indonesia based on the 1945 Constitution. (2). Factors of theological beliefs, historical arguments, and majority aspects are tendencies in efforts to incorporate Islamic legal values in national legal development.

Implementation Of Compensation In Land Procurement For The Construction Of Bengkulu-Tabapenanjung Toll Road

Kholilurrohman Kholilurrohman — 2024-04-26

The results showed that the implementation of the consignment began with the formation of a land acquisition committee whose job was to see and assess the amount of compensation for land acquisition based on the NJOP and consignment. This can be done if the community receives a large amount of compensation and can collect it at the Argamakmur District Court by bringing ownership documents. In this study, what is called land acquisition is an activity of providing land by providing proper and fair compensation. Where compensation must first go through a committee and the NJOP will assess how much compensation will be given in accordance with the land owned by the community. So that when the compensation given is agreed upon, it is possible to bring the ownership documents to the Argamakmur District Court.

Corruption Crime In Internet Network Procurement At Sultan Syarif Kasim State Islamic University In Pekanbaru, Riau

Mariyam Indayani — 2024-04-26

Procurement of goods and services is the procurement of goods/services financed by the APBN/APBD. In the legal case in case number 57/Pid.Sus-TPK/2022/PN Pbr is a case of procurement of goods and services in the procurement of internet networks at Sultan Syarif Kasim Riau State Islamic University. In this case, there was corruption in the form of gratification where there was abuse of office and bribery in the procurement of the internet network at Sultan Syarif Kasim State Islamic University. The problems discussed are how the system for procuring goods and services in the internet network at the Sultan Syarif Kasim State Islamic University in Pekanbaru Riau City and how the judge's considerations in passing the defendant's decision in case number 57/Pid.SUS-TPK/2022/PN Pbr. The author uses the normative writing method which aims to collect written legal material sources by reviewing previous laws and publications. With the results of the discussion, namely the procurement of goods and services has been regulated in such a way and also the judge's decision which only focuses on Law Number 28 of 1999 concerning the Implementation of a State that is Clean and Free from Corruption, Collusion and Nepotism and Law Number 16 of 2018 concerning Procurement of Goods / Government services, but did not try to look at article 12b of Law Number 21 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes.

Ownership And Control Of Land Rights In The Legal System Of Indonesia

Lilik Warsito — 2024-04-26

This research aims to conduct an in-depth analysis of the land law system in Indonesia using the Basic Agrarian Law (UUPA) as the primary guide. The objective is to understand the structure, mechanisms, and principles governing land ownership and control, as well as to identify and explain land rights regulated by the UUPA. The research method employed is normative legal research with data collection techniques through literature study to obtain comprehensive and relevant information. The data used consist of primary and secondary data obtained through literature study from various reference sources such as books, journals, and scholarly articles. The research findings conclude that significant changes have occurred in Indonesia's land regulation system since the enactment of the UUPA, including the dualistic aspect between customary law and Western law. The UUPA serves as a national legal product aimed at implementing the values of Pancasila and the goals of the state, as well as regulating the rights that individuals, entities, or associations can hold in Indonesia. The concept of land rights in national agrarian law is divided into primary and secondary rights, where primary rights include Ownership Rights, Right to Build, Right to Cultivate, and Right to Use, while Management Rights are additional rights received by holders from the state.

Authority Of Local Governments In Issuing Environmental Impact Assessment Permits

Rahadyan Widarsadhika Wisnumurti — 2024-04-26

This study aims This study seeks to reassess the jurisdiction of local governments in granting Environmental Impact Assessment (AMDAL) permits in light of legal amendments, specifically Law Number 6 of 2023 regarding the Ratification of Government Regulation replacing Law Number 2 of 2022 on Job Creation. The Indonesian government has enacted a policy of regional autonomy to delegate greater authority to local governments in managing affairs within their regions. Environmental management is a key focus of regional autonomy implementation. Effective environmental management is essential for ensuring sustainable development in Indonesia, which boasts plentiful natural resources. Law Number 32 of 2009 on Environmental Protection and Management provides the regulatory foundation for matters related to industrial elements, law enforcement, and community involvement. This research aims to enhance understanding of the effects of regulatory changes on regional autonomy in environmental management and to provide policy recommendations for maintaining the balance between environmental sustainability and local government empowerment.

Problems Of Inheritance Of Wills For The Heirs Of Ninggal Kedaton

I Putu Riko Sariwisesa — 2024-04-26

Customary Law in terms of inheritance. The problem of inheritance disputes is very common and often occurs in people's lives. The type of research used is Normative Research with the method of collecting legal materials used in this research through literature study and the approach used in legal research is a statutory approach and a conceptual approach. The various cultural and religious backgrounds in Indonesia are the cause of differences in the distribution of inheritance in each group of society. The absence of regulations in Indonesia that specifically regulate inheritance makes the division of inheritance confusing, especially for the Balinese traditional community, most of whom are Hindu. In general, people who are not Muslim adhere to the inheritance system regulated in the Civil Code (KUHPer), however, the Balinese Hindu community has its customary law, where the position of customary law is higher than the Civil Code. However, in reality, many Balinese Hindu communities adhere to Western Civil Law, and it is not uncommon for many people to submit wills to a Notary to give away their assets to their children who have converted. In this case, giving property by will to heirs who are no longer Hindu is prohibited under Balinese Customary Law. Therefore, it is necessary to analyze decision number 834/Pdt.G/2016/PN Dps because the lawsuit was granted by the Denpasar District Court, which makes it seem as if Customary Law is lower than Western Civil law.

Implementation Of Public-Private Partnership Of Lhok Guci Project Viewed From The Perspective Of Investment Law And Financing Law

Kurdi Kurdi — 2024-04-27

This research aims to analyse the implementation of the Lhok Guci Project Business Entity Cooperation Viewed from the Perspective of Investment Law and Law This research itself uses normative and empirical juridical research with a statutory and conceptual approach. The results of this study indicate that the Lhok Guci PPP is included in direct investment and in connection with its own financing the government provides guarantees in order to ensure the smooth implementation of the PPP project. The conclusion of this research is that PBU is classified as a direct investment with a return of capital through two methods: User Charge and Availability Payment. Lhok Guci PPP uses the Availability Payment method. PPP is also integrated in Indonesia's financing legal framework, supported by Presidential Regulation No. 38/2015 and Minister of PPN Regulation No. 2/2020. Government support in various facilities, from project preparation to financial close, shows a strong commitment to improving infrastructure and community welfare through PPP. The suggestions in this study are that the government and business entities should finalise all aspects related to the implementation of PPP, including the legal framework, guarantees, profit return mechanisms, land acquisition, and others. This is important so that PPP projects can run smoothly and in accordance with regulations, and provide benefits to the Indonesian people as a whole without harming or violating their rights.