Suchergebnisse

AbstractThe essential meaning of the comparison of land management system in several countries: China, Ghana, Ethiopia and Indonesia relates to ideas in the framework of social justice land arrangement in an effort to find similarities and differences between the laws of land being compared. In addition, it provides an objective rational explanation of the causes of differences both in philosophy, conception, legal politics, regulation and equality between land laws in the three countries. With a conceptual and comparative approach, using the theory of access to obtain justice, this study aims to broaden the horizons for the study of land law that philosophy and conception of national land law (HTN) based on Customary Law with methods of adaptation and integration of the philosophy of Pancasila into Customary law and law national land is a necessity so that the goal of reforming the national land law access to reform and asset reform can realize the essence of social justice. AbstrakMakna komparasi pengaturan penataan pertanahan di beberapa negara: Cina, Ethiopia, Ghana serta Indonesia berkaitan dengan ide/gagasan dalam kerangka penataan tanah yang berkeadilan sosial sebagai upaya mencari persamaan dan perbedaan di antara hukum tanah yang diperbandingkan. Di samping itu, memberikan penjelasan secara rasional obyektif penyebab terjadinya perbedaan baik secara falsafah, konsepsi, politik hukum, pengaturan dan persamaan di antara hukum tanah pada tiga negara tersebut. Dengan pendekatan konseptual dan komparatif, menggunakan teori akses untuk memperoleh keadilan, kajian ini bertujuan untuk memperluas cakrawala pandang bagi pengkajian hukum tanah bahwa falsafah dan konsepsi hukum tanah nasional (HTN) berbasis Hukum Adat dengan metode adaptasi dan integrasi filosofi Pancasila ke dalam hukum Adat dan hukum tanah nasional merupakan sebuah keniscayaan agar tujuan pembaruan hukum tanah nasional akses reform dan asset reform mampu mewujudkan esensi keadilan sosial.

AbstractThe objectives of this research are to investigate based of judge's decisions that reject the creditor's application which may be justified under the laws and regulations applicable in Supreme Court Decision Number 388 PK/Pdt/2014, and to analyze the legal consequences for the parties if the power of selling is used as a basic debt repayment. This research is a normative juridical research, which is in the form of diagnostic and perspective that is examining the principles of law, and legal systematics. This research approach uses approach of statute and approach of case. The results of the research indicate that by fulfilling the provisions of Article 1792, 1813, 1338, 1320, of the Civil Code in this case, the basis of the judge's decision that rejected the creditor's application can not be justified under applicable laws and regulations, used by the parties as the basis of debt repayment and the form of guarantee of legal certainty of the position of the creditor because it has paid the settlement of the agreed price, then the juridical sale and purchase is legal and has legally binding force. The author hopes the need for a new norm of legislation that clearly regulates the power of selling as well as absolute power, so that the parties can be protected their rights. Keywords: judge's decision, power of sale, debt repayment AbstrakTujuan dari penelitian ini yaitu untuk mengkaji kesesuaian dasar Putusan hakim yang menolak permohonan kreditur yang dapatkah dibenarkan berdasarkan peraturan perundang-undangan yang berlaku dalam Putusan Makamah Agung Nomor 388 PK/Pdt/2014, serta untuk menganalisa konsekuensi yuridis bagi para pihak bila kuasa menjual digunakan sebagai dasar pelunasan hutang. Penelitian ini merupakan penelitian yang bersifat yuridis normatif, yang berbentuk diagnostik dan perspektif yaitu meneliti asas-asas hukum, dan sistematika hukum. Pendekatan penelitian ini menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan kasus (cаse Approаch). Hasil dari penelitian menunjukan dengan terpenuhinya ketentuan Pasal 1792, 1813, 1338, 1320, KUHPerdata dalam kasus ini, maka dasar putusan hakim yang menolak permohonan kreditur, tidak dapat dibenarkan berdasarkan peraturan perundang-undangan yang berlaku karena mengandung kekeliruan dalam penerapan hukum dan kuasa menjual yang digunakan para pihak sebagai dasar pelunasan hutang dan bentuk jaminan kepastian hukum akan kedudukan kreditur karena telah membayar lunas harga yang telah disepakati, maka secara yuridis jual beli tersebut adalah sah dan mempunyai kekuatan mengikat secara hukum. Penulis berharap perlu adanya suatu norma baru yaitu peraturan perundang-undangan yang mengatur secara jelas mengenai kuasa menjual maupun kuasa mutlak, sehingga para pihak dapat dilindungi hak-haknya. Kata kunci: dasar putusan hakim, kuasa menjual, pelunasan hutang

Abstract: This paper aims to describe the process of compensation in the procurement of land for the public interest in the expansion of Sentani Airport, the legal implication that Ondofolo is not involved in the process of providing compensation for the procurement of land for public purposes, and the correct way of putting the role or position of Ondofolo in procurement of land for the just public interest. The study used a sociological juridical approach. The process of providing compensation in the procurement of land for public purposes in the expansion of a sentani airport involves ondofolo. The legal implications if Ondofolo not involved in the process of compensation for land acquisition for public purposes is a violation of the provisions of Article 43 of Law No. 21 of 2001 on Special Autonomy for Papua which has resulted in the validity of the decision of the government in acquiring the land. The role of Ondofolo in the procurement of land for the public interest is limited to affect the behavior of people in order to work together in realizing mutually agreed objectives for the creation of justice and the guaranteed rights of indigenous peoples both customary and constitutional of the Republic of Indonesia as long as it does not violate the rules applicable Abstrak:Tulisan ini bertujuan untuk mendeskripsikan proses pemberian ganti rugi dalam pengadaan tanah untuk kepentingan umum dalam perluasan Bandar Udara Sentani, implikasi hukum jika Ondofolo tidak dilibatkan dalam proses pemberian ganti rugi atas pengadaan tanah untuk kepentingan umum, dan cara yang benar dalam meletakkan peran atau posisi Ondofolo dalam pengadaan tanah bagi kepentingan umum yang berkeadilan. Kajian menggunakan pendekatan yuridis sosiologis. Pproses pemberian ganti rugi dalam pengadaan tanah untuk kepentingan umum dalam perluasan bandar udara sentani melibatkan ondofolo. Implikasi hukum jika Ondofolo tidak dilibatkan dalam proses pemberian ganti rugi atas pengadaan tanah untuk kepentingan umum adalah pelanggaran terhadap ...

Resistance to neoliberal legal reforms has increased globally in recent decades due to the failure of water privatization to ensure affordable and sustainable water access in the global South. Referring to the 2004 and 2019 Water Resources Laws, this paper explores how, in the case of Indonesia, the law reproduces and normalizes neoliberal ideologies that frame water as an economic commodity. We argue that Indonesia's current legal regime governing water resources is based on populist rhetoric of fulfilling the human right to water through state management. However, the adopted water governance regime aims to facilitate the establishment of a climate conducive to private sector investment by shifting responsibility for the fulfillment of the human right to water from the state to a market-based allocation system. This paper examines the strategy adopted by the government in securing the water privatization agenda when dealing with judicial activism that requires water to be managed as a public good.

Spatial planning corporate criminal sanctions are criminal sanctions imposed on corporations as stipulated in Article 74 of Law Number 26 of 2007. The criminal sanction can be applied in controlling the planning of the territory so that there is order and the space is protected from violations of the use of the space. However, when looking at the data on zoning violations, this hope is still illusory where existing law has failed to deal with corporate violations. In addition, criminal liability has not reached the beneficiaries of the proceeds of corporate crimes so that the legal objectives are not achieved. The aim of this study is to find out what the legal implications of incomplete criminal sanctions instead of fines are for corporations in land-use offences. This research is a normative legal study with multiple approaches, including statutory approaches, case approaches, historical approaches, comparative approaches, and conceptual approaches. Legal material analysis techniques are performed in perspective. The results of the study show that the legal implication of incomplete criminal penalties instead of fines for corporations in land-use offenses is expressed only by Article 74 para. (1) to the Territorial Planning Law (UUPR) 26/2007 - Criminal sanctions for corporations. This cannot simply be operationalized because there is no regulation on the mode of committing crimes (straf modus), there are multiple interpretations that cause confusion. They lead to the non-fulfillment of the legal objectives in the article a quo.

Inclusive education has many different meanings and interpretations. There is still some uncertainty about the difference between inclusive and special education for individuals with disabilities, sometimes known as special schools (SLB). Meanwhile, the term inclusive education is not known in the National Education System Law, which uses the term "special education and special services," which is explained in Article 32 of Law No. 20 of 2003 concerning the National Education System: (i) Special education is education for students who have difficulty levels. Participating in the learning process due to physical, emotional, mental, social, intellectual potential and special talents. (ii) Special service education is education for students in remote or underdeveloped areas, remote indigenous peoples, and experiencing natural disasters, social disasters, and economically disadvantaged. This research's problem approaches are conceptual, statutory, and case approaches. Based on this, we found that the ambiguity of norms affects the pattern of providing education for persons with disabilities, namely the dualism of providing education for persons with disabilities with a special and inclusive approach which has an impact on legal uncertainty in norms, concepts and implementation.

Flats are multi-storey buildings that will be inhabited by many people, so it is necessary to guarantee the security, safety, and enjoyment of the residents. Sales of flats (apartments) with a pre-project selling system, it is certain that the flats (apartments) have not been built so that PPJB in pre-project selling is considered a savior for developers, while for consumers it will be proof of ownership that will be held by consumers before building flats (apartment) finished building. This paper, it is aimed to develop a normative juridical approach to conceptualize the consumer's legal protection in the sale and purchase of flats in the pre-project selling system. The approach of the study for answering the problem is based on a set of approaches including statutory and conceptual, case, and finally a comparative one.

This paper aims to describe the authority of the Financial Services Authority (OJK) in conducting supervision and regulation of the financial services sector, and the juridical implications of Government Regulation Number 11 of 2014 concerning OJK Levy for capital market notaries registered with Registered Letters (STTD) who are not active in the capital market. The research method used in this paper is a normative juridical. The results of the study indicate that the OJK has the authority to levy notaries. Legal implications arising from Government Regulation Number 11 of 2014 concerning Financial Services Authority Levies for notaries who have STTD but do not engage in capital market activities becomes the state's receivables. Payments will be made by the state receivable committee, with a forced letter that has the same legal force as the Grosse deed.

The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The customary law tradition is very different from other legal traditions; this system has a special character that is very different from the character of other legal traditions. Furthermore, around the seventh century of AD, the influence of religion encounter as well; the first is Hinduism, then the religion of Islam brought by traders from Arabia and India. The term known as custom, with its unwritten form and religious element as the definition proposed by Soepomo (1996), is indeed identical with the term given by experts in the colonial period such as: "Godsdientige Wetten, Volks instelingen En Gebruiken" (Regulation of Religious Ordinance, People's Institution and Customs), "Godsdientige Wetten, Instelingen En Gebruiken (Religious Regulations, Institutions, and Customs), Met Hunne Godsdiensten en Gewoonten Samenhangen de Rechts Regelen" (Rules of law relating to Religion and religion customs habits), in addition there are also called the Islamic Law or Mohameden Law. It shows that at that time Customary Law is equalized as religious law. The point of contact between the two can also be identified from the theories that develop at that time as in the theory of Receptio in Complexu (Salmon Keyzer and van Den Berg); Receptie Theory (Scouck Hurgronye); Theory of Receptio a Contrario (Ha zairin). The relationship between customary law and Islamic law is widely found in the field of family law that is the issue of marriage law and inheritance law. After Independence, legislation products related to Islamic law include Law no 1 of 1974, Law no 50 of 2009, Law no 21 of 2008 regarding Islamic Banking.Int. J. Soc. Sc. Manage. Vol. 5, Issue-2: 51-59

Tax Dispute Settlement in the Tax Court has not provided a sense of justice and legal certainty and is only through litigation that is win-lose (win-lose). Settlement of tax disputes through litigation is less useful because the process is long and lengthy, besides that tax disputes continue to increase. The existing tax dispute resolution methods do not reflect the dispute resolution process that is simple, fast, low cost, and does not provide a sense of justice and legal certainty. Alternative tax dispute resolution is through a mediation process, but in this process there is no norm that regulates it. The purpose of this study is to find out how the mediation arrangement for tax dispute settlement in the Tax Court should be in the future. The research method used is a normative legal research method with a statutory approach, a historical approach, a concept approach and a comparative approach. The legal materials used consist of primary, secondary, and tertiary legal materials with the technique of collecting legal materials, namely through library research. The technique of analyzing legal materials is carried out by qualitative juridical methods. The results of the study indicate that the settlement of tax disputes through mediation can be regulated in the Tax Court Law by examining the Ordinary Procedure prior to the examination of the subject matter of the dispute, and mediation can be carried out for certain types of tax disputes, so as to achieve a simple, fast and low-cost dispute resolution for the taxpayers. disputing parties, and can reduce the number of disputes that must be examined and decided by the Tax Court.

The purpose of this research is to find out the causes and solutions in overcoming the lack of consumer legal protection in saling and purchasing flats in the pre project selling system. This is a normative legal research with a statutory approach and a conceptual approach, Case Approach, Comparative Approach. Analysis of legal materials is carried out using qualitative descriptive analysis techniques. This reseac find that the legal position of PPJB in pre project selling so far is still considered to provide less protection to consumers who buy flats. One of the factors causing the lack of protection of consumers in purchasing flats through PPJB in pre project selling is due to the lack of consumer understanding of the contents of the agreement in pre project selling. The government has tried to improve the process of selling and purchasing flats through pre-project selling. Development actors must meet the requirements, at least they must have certainty of space allocation, certainty of land rights, certainty of ownership status of flats, permits for flat construction and guarantees for the construction of flats from a guarantor institution.