Suchergebnisse

The principle of Land Law reads Nemo Plus Juris Transfere Potest Quam Ipse Habet which means that no one can transfer the rights to the land but the owner. In the Land Law, this means that the land can be transferred if the land owner transfers it before the competent official, in this case the Land Deed Official. This is in line with Article 28 H (4) of the 1945 Constitution which states that every person has the right to own private property and these property rights cannot be taken over arbitrarily by anyone. However, this principle doesn't apply in practice. The provisions of article 33 paragraph (3) of the 1945 Constitution are not fully applied in the transfer and registration of land rights with the deed of the Land Deed Making Official, because there is a legal vacuum related to the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official. By incorporating the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official to the statutory regulations, the Government's Good Faith Principles will be realized in the form of Algemene beginselen Van Behoorlijk Bestuur.

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

The position of the Prosecutor's Office which is institutionally under the executive power but carrying out the duties and functions that are part of the judicial authority clearly raises a problem of its own in the world of law enforcement. The prosecutor's office as a law enforcement officer in the prosecution field is required to be fair and objective and independent in faithfully carrying out his duties and authorities, but placing the prosecutor's position as a government institution under the executive very vulnerable from power intervention. This condition is very dilemmatic to support the attorney's performance in carrying out his functions and authority.

Criminal Disparity in a corruption case is unacceptable in philosophical reasoning, sociologically, or even from the perspective of legal objectives, which in theory and factual facts lead to judicial caprise and the presumption of judicial corruption in the verdict, where it will adversely affect the fair justice of the convicted or for the Indonesian people as victims of corruption. Criminal Law gives alternative in order to give pressure the criminal disparity through straftoemetingsleiddraad or guidance of sentencing of the judges in prosecuting without violating the principle of freedom of judges, either through the Indonesian Supreme Court Regulations for now as ius constitutum, or through the legislation process of the Anti-Corruption Act for the future as ius constituendium.

The position of the Prosecutor's Office which is institutionally under the executive power but carrying out the duties and functions that are part of the judicial authority clearly raises a problem of its own in the world of law enforcement. The prosecutor's office as a law enforcement officer in the prosecution field is required to be fair and objective and independent in faithfully carrying out his duties and authorities, but placing the prosecutor's position as a government institution under the executive very vulnerable from power intervention. This condition is very dilemmatic to support the attorney's performance in carrying out his functions and authority.

Gender change is the right of every citizen, but this invites pros and cons in society. Although the 1945 Constitution of the Republic of Indonesia has regulated human rights, there is no specific mention of human rights related to sex change. This study aims to determine, examine, and analyze the meaning of "the right to a prosperous life born and inner" as referred to in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 9 paragraph (2) of the Human Rights Law, from the perspective of justice related to sex change in Indonesia. Indonesia. This research is a normative legal research with philosophical, legislative, conceptual, case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the meaning of the right to live in physical and spiritual prosperity in the perspective of gender change is the right to conditions in which an individual with a gender disorder gets health care, safety, and is free from all kinds of disturbances and suffering in order to develop physically, mentally, and physically. spiritual, and social so that the individual realizes his own abilities, can cope with pressure, can work productively, and is able to contribute to himself, his family, community, and society in his environment.

Gender change is the right of every citizen, but this invites pros and cons in society. Although the 1945 Constitution of the Republic of Indonesia has regulated human rights, there is no specific mention of human rights related to sex change. This study aims to determine, examine, and analyze the meaning of "the right to a prosperous life born and inner" as referred to in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Article 9 paragraph (2) of the Human Rights Law, from the perspective of justice related to sex change in Indonesia. Indonesia. This research is a normative legal research with philosophical, legislative, conceptual, case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the meaning of the right to live in physical and spiritual prosperity in the perspective of gender change is the right to conditions in which an individual with a gender disorder gets health care, safety, and is free from all kinds of disturbances and suffering in order to develop physically, mentally, and physically. spiritual, and social so that the individual realizes his own abilities, can cope with pressure, can work productively, and is able to contribute to himself, his family, community, and society in his environment.

Sex change that is carried out through a medical process or commonly called sex change surgery, invites pros and cons in the community. The purpose of this study is to formulate regulations regarding the formulation of legal provisions regarding sex change that can reflect justice, benefit, and legal certainty as well as support the welfare of Transgender and Ambiguous Genitalia sufferers. This research is a normative legal research with philosophical, legislative, conceptual,case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the formulation of legal provisions regarding gender change is the use of the phrase the right to live in physical and spiritual prosperity in the formulation of legal norms as a large group that can reach various things, and the prohibition against plastic surgery to change identity, except for patients who have received court decision.

Referring to the provisions of Law Number 7 of 1992 and its amendments to Law Number 10 of 1998 concerning Banking, it is explained that a Bank is a business entity that collects funds from the public in the form of deposits and distributes them to the public in the form of credit and or other forms of to improve the standard of living of the wider community so that the banking industry greatly affects the overall stability of the economy because banking institutions are intermediary institutions that bridge people who do not need their funds (surplus) to be deposited in banking institutions as deposits and distributed by these institutions to people who need them in a productive form of distribution. The role of banking institutions is systemic; in other words, banking is an important part of the economic system which will cause a multiplier effect if it is not healthy or in this case, it becomes a failed bank. The main function of banking in macroeconomic policy infrastructure is indeed directed in the context of how to make money effectively and efficiently to increase economic value, which requires the role of regulation in the economic sector as a rule for the essence and existence of banking institutions in carrying out their operations. This study is normative legal research that uses several approaches namely: the statute approach, the case approach, the historical approach, and the conceptual approach carried out with juridical concepts of banks, failed banks, bank restructuring, macroprudential and microprudential. The objective of this study is to comprehensively explain the model and system for rescuing failed banks that meet the benefits principles.