Suchergebnisse

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.

Paradigma pengelolaan sumber daya alam di sektor pertambangan yang dilakukan pemerintah selama ini menimbulkan berbagai permasalahan, antara lain: semakin meningkatnya konflik, kerusakan lingkungan dan tingkat kemiskinan masyarakat yang belum berubah serta mengabaikan sistem nilai, sosial, ekonomi, dan budaya masyarakat lokal. Sebagaimana yang terjadi di Lumajang, Konflik pertambangan di Lumajang berkaitan dengan isu sengketa kepemilikan lahan antara masyarakat dengan penambang maupun perusahaan tambang, interaksi pelaku tambang dengan masyarakat sekitar lokasi tambang, legalitas aktivitas pertambangan, degradasi lingkungan akibat adanya aktivitas lingkungan, dan regulasi pertambangan. Dalam kaitan itu diperlukan mekanisme penyelesaian sengketa alternatif atau alternative dispute resolution yang tidak membuat masyarakat tergantung pada dunia hukum yang terbatas kapasitasnya, namun tetap dapat menghadirkan rasa keadilan dan penyelesaian masalah. Mekanisme tersebut sebenarnya telah memiliki dasar hukum dan telah memiliki preseden serta pernah dipraktikkan di Indonesia walau jarang disadari. Mekanisme tersebut juga memiliki potensi untuk semakin dikembangkan di Indonesia.The paradigm of natural resource management in the mining sector by the government, has brought many problems, among others: the increasing conflict, environmental degradation and the poverty rate has not changed and the society that ignores the value system, social, economic, cultural and local communities. As in Lumajang, Lumajang mining conflicts relating to issues of land ownership disputes between communities and miners and mining companies, mining offender interaction with the community around the mine site, the legality of mining activities, environmental degradation due to environmental activities, and mining regulations. That regard the necessary mechanisms of alternative dispute resolution does not make people dependent on the legal capacity, but still can bring a sense of justice and problem resolution. The mechanism actually has a legal ...

This article described the elements of criminal acts against falsification of inheritance certificate, the responsibility of a notary and the one whose certificate of inheritance had been falsified by the others, and the legal consequences of a court decision on the land which certificate of inheritance had been falsified by the other. The method used normative juridical by using a legislative approach and conceptual approach. The results of the study showed that the element of criminal acts against forgery of inheritance certificate is the intention and intent to falsify, the act violates the provisions of the Notary Position Act (UUJN), and the notary didn't an act outside his authority. The criminal responsibility of a notary carried out his place it is proven to have committed a violation. The regulation didn't specifically regulate criminal sanctions against notaries who have been falsified letters due to fraud and errors committed by the complainants. The legal consequences of a certificate of inheritance forged by one of the parties made by a notary were null and void because it has removed one of the heirs and the letter would be cancelled if the postulating party can prove in court in court.DOI: http://dx.doi.org/10.17977/um019v3i12018p022

One result of Indonesian culture is traditional knowledge. The activity of traditional medicine practitioners is regulated by Law No. 36 of 2009 "On Health". One of the traditional treatments is a religious approach, but it has not received full recognition because it contradicts the principles of medical science. However in everyday life, this approach is valid and proven. This study aims to determine the urgency of legal protection to protect the traditional medicine profession based on supernatural and religion. This research is a normative legal research with statutory, conceptual, and comparative approaches. The results of the study show that regulation and legal protection of traditional medicine practitioners are very important because this is an effort to improve public health according to the constitutional mandate and the people's right to health. This legal protection also aims to provide full recognition to the traditional medicine as a profession and legal certainty for traditional medicine practitioners. In order to be able to participate in health care and preserve the nation's culture, the profession of traditional medicine practitioners must be enshrined in the form of legislation, such as the Law "On Health"

Environmental concerns are just one of the many issues that are being brought on by the need to
develop mineral and coal mining resources. Mining areas require ongoing planning that takes the
environment into consideration. This study examines the current mining regulatory framework and the
problem of harmonizing spatial planning for mining areas based on environmental sustainability, with a
particular focus on Indonesian mining areas. This paper intends to answer the third research statement:
First, how to conduct theoretical training on several legal principles of sustainable development from
environmental protection and management perspectives. Second, what is the concept of environmental
administrative and legal regulation in the field of supervision in realising the determination of mining areas
based on environmental development? Third, what is the licensing model for spatial planning and
environmental planning in monitoring environmental management that is environmentally sound? This
research uses normative legal analysis with a statutory and conceptual approach. The results of this study
indicate that with an integrated environmental permitting and spatial planning concept, establishing a
mining business permit area is predicted to function as an effective prevention instrument against the
emergence of environmental pollution and damage due to mining activities. The principle of environmental
sustainability will be achieved by recommendations made with the existence of legal criteria relating to the
determination of mining areas to become the authority of the Governors, Regents, and Mayors of the Ministry
of Environment and Spatial Planning

The existence of environmental management that is wise and wise itself has also been contained in the Constitution in Indonesia, especially Article 28H paragraph (1) and Article 33 paragraph (4). To ensure the role of human beings to the environment remains conservative, the state regulates and controls existing natural resources for the greatest prosperity of the people as stated in the Indonesian constitution. This aims to make natural resource management can be utilized not only for the current generation but also for future generations, as well as to maintain the ecosystem to remain sustainable. However, the existence of a green constitution along with recognition & respect of customs contained in the constitution (law in the books) has not yet fully built a strong interdependence (law in action) to create environmental justice. This is evidenced by the many conflicts that occur between indigenous peoples and corporations. The problem studied in this study is the impact of the failure of alternative environmental dispute resolution between the samin indigenous movement and PT Semen Indonesia (Persero) Tbk (hereinafter abbreviated as PT. Semen Indonesia). This study uses a type of socio-legal law research with a sociological approach located research in Rembang. The results showed that every problem that intersects with indigenous peoples should be resolved harmoniously and peacefully with deliberation and consensus. In addition, it is necessary to involve indigenous peoples in determining environmental policies. Then there needs to be harmonization and internalization between environmental policy and local community culture (indigenous legal community).

As the most beautiful gift as well as the mandate of Allah SWT. as well as considering the child's position in family, community and state life, children must get the best protection in their development process, including through granting children's rights to a living. Several laws and regulations in Indonesia define a living as meeting the material needs of children. Such a definition raises various problems in the pattern of child protection and the formation of the benefit of families in Indonesia. This study aims to describe the redefinition of livelihoods in child protection efforts and the formation of the benefit of families in Indonesia. This research method uses normative legal research with a philosophical and statutory approach and uses a prescriptive analytic method. The results show that in the pattern of child protection and the formation of family welfare in Indonesia, children's livelihoods must be defined as meeting children's material needs so that children can survive and as fulfilling children's immaterial needs so that children can improve their quality of life.

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

Acceleration in modern life requires acceleration, including acceleration on the highway. The accumulation of interests that are centralized on this highway creates a conflict of interest that ends in material loss or loss of life. Many road users do not realize that the legal consequences of negligence are categorized as criminal acts because they cause others to suffer. Legal politics the issuance of Law Number 22of 2009 concerning Road Traffic and Transportation as an embodiment of criminal policy to provide legal protection and legal certainty for citizens who are casualties of road traffic accidents. Through criminal policy, it is expected that there will be order, smoothness, security in road traffic and legal certainty and legal protection for road users.

Indonesia's trademark law does not provide provision for legal protection to registered mark which is well-known domestically therefore, there is no legal basis in case there is another party to commit in impersonation the said registered mark in the different kind of goods. On the other hand, protection indicates the address of international well-known marks only. Referring to the trademark law regime which is common universally such as can be found in the Paris Convention and TRIPs Agreement. Otherwise, for impersonation in different kinds of goods, the protection is given for a well- known mark only. However, the said mark must be recognized within the territory where the mark is called as well-known such in certain countries. The purpose of this study is to know the legal protection for the domestic well-known mark on impersonation of different kind of goods under Indonesia's trademark law. This study is normative legal research with legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Results of this study, The regulation of legal protection for registered trademark owners of impersonation of different kinds of goods should be reregulated (a reformulation of provisions). So that which is a well-known trademark can be in the form of domestic and internationally well-known, therefore the requirements for registration and commercializing of a mark in several countries, not as an obligation to obtain the rights and status become a well-known mark. However, when a mark is factually known and used in Indonesia, the wide scope of international well-known is no need as a mandatory.

Indonesia's trademark law does not provide provision for legal protection to registered mark which is well-known domestically therefore, there is no legal basis in case there is another party to commit in impersonation the said registered mark in the different kind of goods. On the other hand, protection indicates the address of international well-known marks only. Referring to the trademark law regime which is common universally such as can be found in the Paris Convention and TRIPs Agreement. Otherwise, for impersonation in different kinds of goods, the protection is given for a well- known mark only. However, the said mark must be recognized within the territory where the mark is called as well-known such in certain countries. The purpose of this study is to know the legal protection for the domestic well-known mark on impersonation of different kind of goods under Indonesia's trademark law. This study is normative legal research with legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Results of this study, The regulation of legal protection for registered trademark owners of impersonation of different kinds of goods should be reregulated (a reformulation of provisions). So that which is a well-known trademark can be in the form of domestic and internationally well-known, therefore the requirements for registration and commercializing of a mark in several countries, not as an obligation to obtain the rights and status become a well-known mark. However, when a mark is factually known and used in Indonesia, the wide scope of international well-known is no need as a mandatory.

Acceleration in modern life requires acceleration, including acceleration on the highway. The accumulation of interests that are centralized on this highway creates a conflict of interest that ends in material loss or loss of life. Many road users do not realize that the legal consequences of negligence are categorized as criminal acts because they cause others to suffer. Legal politics the issuance of Law Number 22of 2009 concerning Road Traffic and Transportation as an embodiment of criminal policy to provide legal protection and legal certainty for citizens who are casualties of road traffic accidents. Through criminal policy, it is expected that there will be order, smoothness, security in road traffic and legal certainty and legal protection for road users.

Indonesia has a vast territory and is an archipelagic country. Indonesia as an archipelagic country has various kinds of indigenous peoples, so it is rich in culture. Various indigenous peoples have their own ancestral graves. Ancestral Graves are the tombs of their ancestors or parents. The government in carrying out its authority and power in developing an area is based on the applicable rules. The fact of the clash between culture and government can be seen from the development of areas carried out by the government, for example the construction of toll roads, offices, and road widening, forcibly and immorally displacing the ancestral graves of indigenous peoples. The development of this area is very beneficial for the community. But we also remember that ancestral graves are also very important for indigenous peoples. The problem that occurs is the development project displacing ancestral graves, and ignoring indigenous peoples. The research method used is normative legal research.

Formulating basic environmental rights into national constitutions holds some hope for addressing environmental challenges that most affect either individuals, groups or the environment itself. They must be matured into enforceable norms to achieve ecological justice and become a means of responding to national environmental challenges around the world. If it is not regulated clearly and firmly the regulation of the rights of citizens to the environment and the responsibility of the State in guaranteeing its fulfillment, then the goal of realizing ecological justice will not be achieved. For this reason, this research needs to conduct a basic study related to the legal implications of subjective rights (subjective rights) and state obligations (duty of state) in natural resource management not formulated in the 1945 Constitution of the Republic of Indonesia.