UNES Law Review (Universitas Ekasakti Padang)
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Hilangnya Hak Kepemilikan Atas Tanah yang Terlantar (Analisis Peraturan Pemerintah Nomor 20 Tahun 2021)
Get PDFLegal disputes over land rights have become a fundamental and complex problem in the history of the development of agrarian law in force in Indonesia. The inequality that occurs in the pattern of distribution of control, ownership, use and utilization of land, which is also exacerbated by the condition of many land being abandoned by land rights holders, either due to intentional or unintentional factors, has triggered widespread cases of land disputes that have occurred until At the moment. The government itself has attempted to create policies and related regulations, in order to find solutions in resolving cases of ownership disputes over abandoned land. This includes Government Regulation Number 20 of 2021, concerning controlling abandoned areas and land. In this research the author raises two issues, namely, what is the urgency of eliminating ownership rights to abandoned land based on Government Regulation Number 20 of 2021, and what legal remedies can be taken by land rights owners and/third parties who suffer losses due to their abolition rights to abandoned land based on Government Regulation Number 20 of 2021. This research is a form of normative legal analysis (normative legal research), using a statutory approach and a conceptual approach. This research also has important implications in the context of land law, especially in terms of protecting the rights of land owners and encouraging the use of productive land uses. It is hoped that the results will serve as a guide for land ownership rights holders, the government and legal practitioners to better understand the relevant regulations and the impact of loss of ownership rights to land due to abandonment in accordance with the provisions contained in Government Regulation Number 20 of 2021
Penegakan Hukum Panti Asuhan Yang Mengeksploitasi Anak Sebagai Pengemis Melalui Aplikasi TikTok Di Kota Medan
Get PDFChild exploitation is the act of using children to obtain profits for personal needs without regard to the child\u27s physical and mental condition. This research aims to find out and understand how law enforcement is against perpetrators of child exploitation, especially orphanages as one of the child protection institutions that exploit children as beggars through the TikTok application. The method used in this research is normative juridical. Data collection techniques are carried out by means of library studies and research on literature contained in journals, ebooks, and books. The exploitation of children is regulated in Law Number 35 of 2014, which regulates regulations and sanctions against perpetrators of child exploitation. The exploitation of children can be carried out by anyone, one of these perpetrators is an orphanage. Orphanages are child protection institutions, therefore law enforcement is needed against perpetrators of child exploitation to minimize the exploitation of children
Politik Hukum Peraturan Bupati Nomor 63 Tahun 2016 Kabupaten Tulungagung Dalam Pengendalian Kerusakan Lingkungan Akibat Penambangan Pasir
Get PDFLegal politics of regent regulation number 63 of 2016 Regency Tulungagung is involved in controlling environmental damage due to mining sand is a purposeful field study to answer the questions: 1. What is the Political Basis for Legal Regulations Regent Number 63 of 2016 Tulungagung Regency Under control Environmental Damage Due to Sand Mining and 2. What is the View Siyasah Syar\u27iyyah Fiqh on the Political and Legal Basis of Regent\u27s Regulations Number 63 of 2016 Tulungagung Regency in Damage Control Environmental Effects of Sand Mining The type of research taken by the author is qualitative research with uses the nature of descriptive research, namely research directed at provide symptoms, facts or events systematically and accurate. The data sources used are primary and secondary data sources. Data Primary data is obtained from the results of analysis of statutory regulations related to research on legal political policy, regent\u27s regulation number 63 2016 Tulungagung Regency in controlling environmental damage while secondary data from the research object is interviews, opinions of para experts in the form of books, journals and scientific works, as well as parties with related agencies. The results of this research show that legal political policy is regulatory regent number 63 of 2016 Tulungagung Regency in control environmental damage according to regent\u27s regulation number 63 of 2016 is experiencing juridical defects and not implemented properly and do not meet standards AUPB, this is the first because there are two regulations that are the same where one of them should be removed and the contents of the implementation can be regulated more detailed and directed according to the rules above, but not here. So that In this case, the regulations alone are not appropriate, let alone the legal content where the Environmental Service should be able to take action against sand mining illegal and reclaiming environmental damage, but what is happening is not possible. that there is poor participation within the scope of correlation and regulation of the Tulungagung Regency government must be fixed immediately. Islam holds the view that it is an act of pollution The environment can be categorized as deep mafasid (damage). the principles of Islamic teachings must be avoided and overcome Regarding the solution, the author concludes that there must be firmness and role which is real for the Tulungagung Regency government, both executive and government legislative as well as improving regulations and repealing old rules with a view tidying up and strengthening the authority of the District Environmental Service Tulungagung through regent regulation
Konsep Nusyuz dalam Khi dan Penyelesainya Prespektif Mubadalah
Get PDFDalam Kompilasi Hukum Islam, pengertian nusyuz secara eksklusif mengatur tentang nusyuz yang dilakukan oleh istri. Kompilasi Hukum Islam yang menganut hukum nusyuz tetap berpijak pada fikih patriarki yang berlandaskan pada ajaran agama yang mendasar. Dari segi metodologi, KHI tetap menyerupai gagasan para peneliti sebelumnya. Perspektif dan konteks umat Islam Indonesia belum tertanam secara baik dalam rumusan perundang-undangan KHI. Kandungan materiilnya, sebagai hukum positif di Indonesia, adalah keabsahan fiqh yang memberikan kedudukan tersendiri bagi perempuan. Kajian penelitian dilakukan melalui pendekatan konseptual (conceptual appoarch). Disamping itu penelitian ini juga menggunakan pendekatan perundang-undangan (statute approach). Al-Qur\u27an memperlakukan nusyuz dari dua sudut pandang, sehingga menjadikannya sebagai penghujatan dalam kaitannya dengan nusyuz. Dengan kata lain, nusyuz itu ada dua macam: satu dari istri (QS. an-Nisa [4]: 34) dan satu lagi dari suami (QS. an-Nisa [4]: 128). Cara apapun (mauizhatul hasanah, hajrun, dhorbun, islah, ihsan, taqwa) dapat digunakan untuk menyelesaikan masalah tersebut
Dampak Kekeliruan dalam Pemilihan Kode KBLI pada Akta Pendirian PT Bagi Notaris dan Pelaku Usaha
Get PDFBusiness activities in various fields of business are now increasing from national to international scale, especially those related to the establishment of a legal entity, namely a Limited Liability Company (PT). These activities are inseparable from the need for the necessary authentic deeds. One of the authentic deeds that continues to be needed in the community is a deed of establishment of a legal entity in the form of a PT. In making the deed of establishment of PT, there are things that need to be considered, especially regarding the use of the Indonesian Standard Business Field Classification (KBLI) code which is single purpose. If there is an error in the use of the 2020 KBLI code, it will have an impact on the processing of licenses for business actors. Specifically, the purpose of this research is to find out and further understand the consequences of errors in the selection of the 2020 KBLI code on the deed of establishment of a PT. This research is conducted using the doctrinal research method, namely research based on applicable laws and regulations. This research produces two sides of the consequences, namely the consequences experienced by Notary and the consequences experienced by Business Actors. The consequences experienced by the Notary for errors in the application of the KBLI code are authentic deeds that can be degraded or reduced to underhand deeds and the Notary can be held civilly liable if proven guilty. Meanwhile, the consequences experienced by business actors are losses in terms of material and business activities that want to run are not running because they do not get permission from the relevant agencies for the use of several types of KBLI codes that are single purpose in one entity
Legal Protection for Indonesian Migrant Workers in International Human Trafficking Syndicates
Get PDFHuman rights are inherent in human dignity and are essential for the protection of individuals and society. The Indonesian government has established human rights rules under the Universal Declaration of Human Rights, but human rights violations continue, particularly in the context of international human trafficking. The Indonesian Human Trafficking Crime Task Force has received 757 reports, with victims coerced into working as child laborers, commercial sex workers, illegal immigrants, and ship crew members. The Indonesian government regulates migrant workers through Law 18/2017, but many are mistreated and exploited by foreign employers. This research uses juridical-normative legal research to examine literature, ideas, and laws to propose solutions. It employs conceptual and statutory approaches. Through this research, it is found that to strengthen migrant worker protection, governments must collaborate, tighten regulations, offer guidance, and establish efficient channels for handling grievances. The International Convention on the Protection of the Rights of Migrant Workers and Their Families is crucial for ensuring the rights and protection of migrant workers, but its implementation faces challenges.
 
The Right of Workers with Disabilities: Legal Instrument and Challenges in Indonesia
Get PDFNowadays, people with disabilities still experience various acts of discrimination. For example, mainly constrained by the requirements of "no physically disabled" which has always been one common absolute requirement for every person when registering for certain jobs. Therefore, states should expressly provide legal protection to people with disabilities and provide opportunities for people with disabilities to be able to work like normal people in general and not consider their limitations as something that could hamper their work. Two important and interesting points will be discussed in this paper. First, people with disabilities are discriminated Often against while facing job recruitment, especially for Indonesian Attorney Civil Servants. Second, it is important to know the responsibility of the state in protecting people with disabilities. The type of research used in the present research is doctrinal-comparative legal research. This present research conducts library research to obtain secondary sources of law (authorities). This paper found that various legal instruments on disability rights that there is no correlation with each other, so it does not create an integrated system to protect the rights of disabilities in obtaining jobs. Although there has been affirmative action in the recruitment process prosecutor (civil servant), it is not enough to give the disabilities an equal opportunity to participate in the recruitment proces
Implementasi Konvensi PBB Menentang Peredaran Gelap Narkotika dan Psikotropika Pasal 32 Ayat 2 Terhadap PERMENKES No. 5 Tahun 2023
Get PDFParagraph 2 of Article 32 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances mandates that member states implement necessary measures to penalize adequately serious criminal offenses related to drug trafficking. The paragraph explicitly states in the UN Convention on Narcotics that measures must be taken by each state party to ensure the imposition of penalties for such offenses. The present study employs normative research methods, which encompass various terminologies such as legal, positive legal, doctrinal legal, and pure legal research methods. Focused on written laws (laws in books) or societal customs, normative legal research typically utilizes secondary data, which includes primary, secondary, and tertiary legal materials. Narcotics and psychotropic substances, often produced through agricultural or chemical methods, are frequently processed illegally in concealed laboratories or isolated locations. Trafficking in these prohibited substances involves their illegal production, distribution, and sale, adversely affecting both individual health and societal welfare. Furthermore, the Convention on Narcotics, specifically Article 32 Paragraph 2, has significantly enhanced international cooperation in combating the trafficking of drugs and psychotropic substances in Indonesia. Through strict law enforcement, intelligence sharing, and cross-border operational cooperation, Indonesia can more effectively counter drug trafficking syndicates
Analisis Perlindungan Hukum Pada Perusahaan Fintech P2P Lending Dengan Jaminan Fidusia (Studi Kasus PT Modal Rakyat Indonesia)
Get PDFThis study examines legal protections in Fintech peer-to-peer (P2P) lending companies utilizing fiduciary guarantees, with a specific focus on the case of PT Modal Rakyat Indonesia. It contextualizes the necessity of guarantee mechanisms in financial transactions and underscores the critical need for legal protections for both creditors and debtors within the Fintech P2P framework. The research methodology involves a legal analysis of the Fiduciary Guarantee Law and a detailed case study of PT Modal Rakyat Indonesia. The findings underscore the significance of creditor preference rights and the processes for dispute resolution following a default, discussing their broader implications for Fintech P2P lending practices
Perizinan Berusaha Berbasis Risiko pada Sektor Perindustrian Pasca Terbitnya Undang-Undang tentang Cipta Kerja: Hal-Hal yang Perlu Diperhatikan
Get PDFFollowing the issuance of Government Regulation Number 5 of 2021 concerning Risk-Based Business Licensing, Indonesia has adopted a new concept of business licensing based on risk levels. This concept aims to facilitate business operations for entrepreneurs. This study focuses on the risk-based licensing mechanism in the industrial sector from the perspectives of the government (as regulator) and industrial business actors. The research aims to analyze the differences in licensing mechanisms before and after the enactment of Law Number 11 of 2020 concerning Job Creation, which was later amended by Law Number 6 of 2023, and to identify key aspects to be considered in the implementation of risk-based business licensing. The method used is doctrinal research involving the analysis of legal doctrines, development, and regulatory implementation mechanisms. The findings indicate that risk-based licensing classifies business permits into four risk levels: low, medium-low, medium-high, and high. Critical aspects of this mechanism\u27s implementation include the issuance of Government Regulation in Lieu of Law Number 2 of 2022, the concept of industrial activity supervision and control, and the relation of PP 5/2021 to legal principles and theories. The study concludes that the risk-based licensing concept aligns with the principles of justice, utility, and legal certainty