Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Implementasi Alokasi Dana Desa dalam Pemberdayaan Masyarakat Di Desa Mudung Darat Kecamatan Maro Sebo Kabupaten Muaro Jambi
According to the results of observations made by the author in the village of Mudung Darat, Maro Sebo District, Muaro Jambi Regency, the management of village funds, especially the Village Fund Allocation, has not been implemented optimally, especially in the planning and implementation stages of the village fund allocation. This study aims to determine and analyze the Implementation of Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency, to identify and analyze the constraints of Village Fund Allocation Implementation in Community Empowerment in Mudung Darat Village, Muaro Jambi Regency and to identify and analyze the efforts made to overcome the obstacles in implementing Village Fund Allocation in Community Empowerment in Mudung Darat Village, Muaro Regency. This type of research used in this paper is empirical juridical research. The implementation of ADD in carrying out Public Expenditures and community empowerment has not been carried out optimally. The obstacles faced in implementing the allocation are the lack of understanding of the Village Government apparatus regarding the main tasks and functions and the lack of information and socialization to the community. Quality of Human Resources (HR) That Has Not Supported the Management and Implementation of Village Fund Allocation. The culture of mutual cooperation among the people of Mudung Darat Village is starting to fade, and the culture of mutual cooperation is the hallmark of a village
Pengawasan Dewan Perwakilan Rakyat Daerah Terhadap Anggaran Pendapatan dan Belanja Daerah di Indonesia
The Regional People's Representative Council (DPRD) as a regional people's representative institution as well as an element of regional government administration that functions as a supervisor, however, has not run optimally the supervisory function of the DPRD so that the mission and goals set by the regional government can be achieved. The relationship between the executive and the legislature tends to be “troublesome”, these two institutions often do not understand their respective powers and functions. In order to carry out its functions, one of which is carried out by the DPRD by carrying out supervision, supervision by the DPRD on the administration of government is very important to maintain effective and efficient development and harmony in the implementation of government tasks. There has been an overlapping authority related to the supervision of the Regional Revenue and Expenditure Budget (APBD), and it is not even clear how DPRD members supervise the APBD, this makes DPRD members not optimal in carrying out supervision. The purpose of this paper is to find out and analyze the DPRD's oversight of the APBD, so this type of research is normative juridical research, meaning research that focuses on examining the application of positive legal norms and rules. The approach used in this research is conceptual, legal approach and historical approach
Perlindungan Hukum Asuransi Pengguna Jalan Tol Oleh PT. Jasa Raharja Saat Mengalami Kecelakaan Lalu Lintas Pada Ruas Jalan Tol Jakarta-Cikampek
Insurance comes from the word vezekering which means coverage. The person who is covered is called vezekerde and the insurance company is called verzekeraar. Initially, insurance has to manage, transfer or share risks, along with economic development and development developments in various sectors in the fields of industry, economy, infrastructure and technology, causing more problems to occur, especially problems regarding legal protection for the community, along with developments in the field of infrastructure development, for example in toll road construction, so that legal protection for toll road users is urgently needed. Social insurance is social insurance established by the Indonesian government based on statutory regulations, when viewed from the social insurance legal products that have been issued in Indonesia, it can be seen that social insurance programs are generally known, one of which is the Passenger Accident Social Insurance which is currently better known as Jasa Raharja. And to carry out coverage, the Indonesian government appointed PT Asuransi Jasa Raharja to manage and distribute compensation funds to traffic accident victims including traffic accident victims on the Jakarta-Cikampek toll road
Pengakuan terhadap Masyarakat Hukum Adat Marga Sarampas dan Penguasaan Hak Atas Tanahnya
The decision of the Constitutional court (MK) Numbere 35/PUU-X/2012 has implications for state recognition of the traditional rights of indigenous peoples in the form of custimary forests which have have been neglected. The study aims to determine the legal position of the indigenous people of Marga Sarampas in controlling their land rights. The formulation of the problems raised in this research are (1) how is the recognition and protection of the indigenous peoples of Marga Sarampas; (2) how the rights to land of the indigenous people of Marga Sarampas
Analisis Hukum Pelaksanaan Penyelesaian Sengketa Bisnis Dengan Metode Arbitrase Online di Indonesia dan di Singapura
Online arbitration has been carried out by the Singapore International Arbitration Center (SIAC), then SIAC Rules, Arbitration Act of Singapore, and UNCITRAL as a legal basis SIAC already has rules regarding online arbitration. The Indonesian National Arbitration Board (BANI) has practically carried out online arbitration, but the BANI Arbitration Rules & Procedures and Law No.30 of 1999 as the legal basis for BANI do not have clear rules. This writing will discuss the comparison of online arbitration enforcement at SIAC with BANI, how SIAC regulates online arbitration execution and whether it can be adopted for online arbitration arrangements at BANI. This research was conducted using a normative juridical method. The approach used is legislation and comparison. The results of the comparative research on the implementation of online arbitration at SIAC and BANI show that SIAC already has rules that clearly regulate the implementation of online arbitration from arbitration registration, hearings, to online arbitration awards. In the implementation of online arbitration at BANI, BANI online arbitration registration is possible because it has the rules, but in the subsequent process of online examination hearings, and online arbitration awards do not yet have rules that regulate explicitly and clearly. Online arbitration arrangements at SIAC can be adopted into online arbitration procedure law by BANI and the Indonesian Arbitration Law because they do not conflict with other laws in Indonesia
Perlindungan Konsumen dan Kualitas Pelayanan Transportasi Online di Kota Tangerang Selatan
The development of the times and the rapid pace of globalization that is getting faster make humans need adequate transportation facilities so that a technology in the field of online-based transportation has developed using an application via a smartphone. Based on the Regulation of the Minister of Transportation of the Republic of Indonesia Number 118 of 2018 concerning the Administration of Rental Vehicles and Regulation of the Minister of Transportation Number 12 of 2019 concerning Safety Protection of Motorbike Users Used in the Interest of the Community, online transportation is now a new and alternative breakthrough in fulfilling the needs of the public. do not have private vehicles as happened to the community in South Tangerang City. However, the presence of online transportation in the community forgets something that is so important, namely its protection as a consumer. This study aims to determine consumer protection for users of online transportation services in South Tangerang City according to Law Number 8 of 1999 concerning Consumer Protection and to determine the quality of online transportation services in South Tangerang City. The research method uses qualitative methods using an empirical juridical approach. Data samples were taken from key informants such as PT. Karya Anak Bangsa (Go-Jek) Application, PT. Indonesian Transportation Solutions (Grab), online transportation drivers, and of course the people of South Tangerang City who are directly involved in the implementation of consumer protection and service activities on online transportation in South Tangerang City. Meanwhile, the supporting informants in this study were the South Tangerang City Police and the South Tangerang City Transportation Agency as government agencies that indirectly knew about consumer protection and the quality of online transportation services in South Tangerang City. The results of the study found that consumer protection for online transportation users in South Tangerang City was quite good, this can be seen from the results of interviews with online transportation service providers such as Gojek and Grab that have implemented SOPs (Standard Operational Procedures) when consumers experience losses both formal and material and also There are no reports from the public to the South Tangerang Police who feel aggrieved as a consumer of online transportation. In addition, the quality of online transportation services in South Tangerang City is quite good, but there are still some consumer complaints such as the driver asking to be canceled, the driver canceling unilaterally, the driver coming too long to pick up, the driver using a different vehicle, and the time to arrive at a different destination. longer than the estimated time in the application
Pelaksaan Perjanjian Terapeutik Antara Pasien dengan Rumah Sakit Jiwa Jambi
Generally an agreement is an agreement made by both parties or more about something they agree to, and in the agreement contains the rights and obligations of each party. In this study formulates how the implementation of the agreement in a mental hospital because the patient has a psychiatric disorder so incapable to do the agreement so represented by the family / guardian of the patient and the problem of what happens about rights or obligations that are not obtained or not implemented. when the patient is incapable and competent to approve medical measures. Whether or not a patient with a psychiatric disorder consents, it also affects the obligations of the guardian or the person in charge of the patient, because the guardian is the person in charge of the patient, after agreeing that both parties are bound by the therapeutic agreement. But in the implementation of the therapeutic agreement can not always be implemented properly, the purpose of this study is to find out how the contents of the agreement between the hospital and the mental hospital patient, what problems occur in the implementation of the agreement between the mental hospital and the patient and how to solve the problems that occur between the hospital and the patient of jambi mental hospital. The results showed that the hospital and patients are bound in a standard agreement in which there are each right and obligation of both parties, the problem that occurs is the negative treatment of medical personnel to mental hospital patients, negligence done by the patient's family to the hospital, the resolution of problems that occur solved by musywarah and the hospital directly visit the family who abandoned his family in jambi mental hospital
Tinjauan Yuridis Penyelesaian Sengketa Konsumen Akibat Penjualan Pupuk Bersubsidi Palsu
The limited availability of subsidized fertilizers sold at official kiosk outlets makes it difficult for some farmers to get them. Not a few farmers who decide to buy subsidized fertilizer in other places whose authenticity is not guaranteed. As a result there are some farmers who are deceived by sellers of fake subsidized fertilizers. Therefore, a legal provision was made to protect the rights of farmers as consumers, and to deter sellers of fake subsidized fertilizers from taking action. Business actors must also be responsible for the consequences of losses suffered by consumers. This study aims to determine the factors causing the sale of counterfeit fertilizers and how the mechanism for resolving consumer disputes due to the sale of counterfeit fertilizers is based on Law Number 8 of 1999 concerning Consumer Protection. the research method used is normative juridical. The results of the study found that the factors that caused the sale of fake subsidized fertilizers were the lack of caution of consumers in purchasing subsidized fertilizers, the absence of responsibility for business actors, and the ease of obtaining raw materials for making fake fertilizers. Settlement of consumer disputes as legal protection for farmers can be reached through three stages, namely conciliation, mediation, and arbitration
Kebijakan Kepolisian Sektor Pemayung dalam Penyelesaian Tindak Pidana Penganiayaan Secara Restoratife Justice
Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued
Penegakan Hukum terhadap Pelaku Tindak Pidana Pertambangan Minyak Tanpa Izin (Illegal Drilling) di Wilayah Hukum Kabupaten Batanghari
Oil and gas are natural resources that are held and controlled by the State which must be optimized to the maximum extent possible because they have a very important role in the national economy, the estuary of which is the creation of social welfare for all Indonesian people. In order to achieve this welfare, Law Number 22 of 2001 concerning Oil and Gas is enacted, which provides a legal basis for development and legal reform in oil and gas business activities.The purpose of this study is to find out law enforcement against the crime of oil mining without a permit in the jurisdiction of Batanghari Regency, the obstacles faced and the efforts made to overcome the obstacles encountered. This research is a descriptive analytical research with an empirical juridical approach. Determination of the sample was carried out using purposive sampling technique and data collection was carried out through interviews and qualitative data analysis was carried out. Law enforcement is carried out by carrying out repressive actions, taking action and detention. Constraints faced are low awareness, participation and information from the community and another obstacle is information leakage. Efforts are being made to increase awareness and participation and maximize the role of the community