Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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KEBIJAKAN REFORMA AGRARIA TERHADAP LAHAN PERTANIAN DI KABUPATEN TULUNGAGUNG
Get PDFThe phenomenon of agricultural land use change one of which occurred in Tulungagung Regency, East Java. Agricultural land in Tulungagung Regency continues to experience shrinking, triggering fears of instability in the area's food security. Thus this research aims to answer and describe how: (1) Implementation of policies on agricultural land in Tulungagung Regency and (2) Factors that influence the implementation of agrarian reform in the Tulungagung Regency. The analysis begins dissecting the laws and regulations relating to Agrarian and Agrarian Reform Policies, among others: UUPA, Perpres No. 86 of 2018 on Agrarian Reform, and is associated with regulations related to the control and use of agricultural land, among others; Law No. 41 of 2009 concerning Protection of Sustainable Agricultural Land. Furthermore, reviewing the regulations at the Tulungagung District Land Office related to the Agrarian Reform on the Control and Use of Agricultural Land and Regional Regulations in force, then photographing how they are applied in the field so as to draw conclusions from the factors that influence the implementation of Agrarian Reform, one of which is a change use of agricultural land to become non-agricultural. The results of the study concluded that a strategic step is needed in the form of food agricultural land protection in Tulungagung Regency by regulating and immediately establishing it as a Sustainable Food Agriculture Area
PENANGGULANGAN KEJAHATAN PEROMPAKAN LAUT DI INDONESIA BERDASARKAN PERSPEKTIF HUKUM PIDANA INTERNASIONAL
Get PDFThe crime of piracy at sea is one of the acts of violence or illegal detention, or any act of destruction committed for personal purposes by the crew of a ship or a passenger of a private ship or aircraft and aimed at the high seas, against other ships or aircraft or against persons or goods that are on board a ship or aircraft somewhere outside the jurisdiction of any country. This article aims to analyze the implementation of the universal jurisdiction of a country in tackling the crime of marine piracy in Indonesia and the preventive measures applied by the government in protecting Indonesian-flagged ships in foreign territorial waters that are prone to armed robbery. This research uses doctrinal legal research. Doctrinal legal research is research on law that is conceptualized and developed on the basis of the doctrine adhered to by the conceptor and / or the developer. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. Piracy is a common enemy of the international community which has tremendous consequences for international security. Regarding prosecuting perpetrators of piracy crimes, in this case international law itself has transferred its powers to all countries, namely the application of the principle of universal jurisdiction
PRINSIP SURAT KUASA MUTLAK DALAM RAPAT UMUM PEMEGANG SAHAM LUAR BIASA
Get PDFThe absence of principles in an absolute power of attorney in attending the Extraordinary General Meeting of Shareholders (EGMS) will raises a legal problem. Each party may commit acts that are contrary to law or decency, at the time of the EGMS. The Limited Liability Company Law does not yet clearly stipulate the principles that must be applied in making an absolute power of attorney. The paper will first explain the legal basis for the EGMS and will explain the principles that must be applied in an absolute power of attorney. This study uses a normative juridical research method, by examining the problem based on relevant laws and regulations. The result shows that the legal basis for the implementation of the EGMS is Article 78 paragraph 1 of the Limited Liability Company Law. The principles that must be applied in an absolute power of attorney to attend the EGMS, namely; Absolute power must not be withdrawn by the Authorizer, absolute power is exercised for the benefit of the Power of Attorney, and absolute power is not contrary to decency and public order. Absolute power is only exercised when the authorizer has the obligation to carry out certain legal actions. It must be based on an agreement between parties and cannot be terminated due to death and other conditions of cancellation of a power of attorney. Furthermore, the power is permitted if there is a guaranteed legal-obligation and is included in the type of special power of attorney, so it has the same legal basis and power
APLIKASI KONSEP NEGARA HUKUM DAN DEMOKRASI DALAM PEMBENTUKAN UNDANG-UNDANG DI INDONESIA
Get PDFThe involvement of the people in determining public policies, such as in the formation of laws, is a reflection of the state that synergizes law and democracy. This research aims to describe the application of the concept of a rule of law and democracy in the formation of laws in Indonesia. This type of research is normative legal research in which data is obtained from library materials or secondary data. The data analysis techniques (legal materials) used are qualitative analysis. From the results of the research conducted, it can be understood that the application of the principles of rule of law and democracy in the formation of laws in Indonesia, is ideally reflected in the application of the principles of legality, the principle of legal certainty, and the protection of human rights in a law. Meanwhile, the principle of democracy in the formation of laws can be seen from the existence of public involvement or participation in the formation of a law. However, what is happening in Indonesia today is that the formation of laws has led to indifference to the principles of a rule of law and democracy. This has resulted in protests and rejection of laws that have been passed as well as against bills being discussed in the legislative
TANGGUNG JAWAB NOTARIS DALAM SENGKETA PARA PIHAK TERKAIT AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) YANG DIBUATNYA
Get PDFPublic Notary as an official appointed by the Government who has the authority (bevoegdheid) and responsibilities which, if reviewed comprehensively, could potentially be subjected to administrative, civil or criminal claims when a dispute related to the deed which is made by him/her. The main issues discussed in this study are; 1) How chosen for a notary and parties in the binding sales purchase agreement ? 2) How responsibility the parties upon an agreement in the agreement on binding sales of a bell Which is drawn up before the notary ? 3) How a form of responsibility the notary in dispute the parties related the binding sales purchase agreement made ? The research is a normative juridical research with statute approach. The data used are secondary data in the form of; primary, secondary and tertiary legal materials. The results shows that the notary is administratively, civil and criminally responsible for the deed and the process of forming the deed itself, so the notary needs to implement a policy based on regulations so that he/she with the deed he/she made and the parties can be protected by law
PROBLEMATIKA DALAM PELAKSANAAN PEMUNGUTAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) DI KOTA PADANG
Get PDFOne type of tax is the Cost of Acquisition of Land and Building Rights (BPHTB). In Padang City, based on Regional Regulation Number 1 of 2011 and Regulation of Mayor Number 27 of 2016, the BPHTB tax collection system is different where the BPHTB collection system is not cohorence with the implementation of basic tasks and is determined by the parties as regulated by the function of increasing development activities in all fields. The research problems in this article are: 1) How is the collection of BPHTB in Padang City 2) How the verification process the land and building and constraints was receipts from land and building rights to the certificate of together in Padang City? 3) Are efforts of the government of padang in obstacles as receipts from land and building rights to the certificate of together in Padang City ? The research uses empirical juridical research methods. Primary data and secondary data obtained through literature study and interviews with research subjects. The results shows that the implementation of BPHTB collection in Padang city was carried out based on the Mayor Regulation No. 27 of 2016 and there are differences in tax collection regulated by Regional Regulation Number 1 of 2011, namely in the Cost of Acquisition (NPOP) assessment and collection system based on market prices, not transaction prices regulated in Bylaw No. 1 of 2011. The differences create legal uncertainty for the community. The obstacle that arises in the collection of Padang city BPHTB is the lack of taxpayer knowledge about BPHTB
EFEKTIFITAS PERAN OMBUDSMAN REPUBLIK INDONESIA PERWAKILAN PROVINSI KEPULAUAN RIAU SEBAGAI LEMBAGA PENGAWAS PELAYANAN PUBLIK DI KOTA BATAM
Get PDFIt is hoped that the presence of the Ombudsman of the Republic of Indonesia is able to serve the delivery of public services for the realization of state and government administration that is effective and efficient, honest, clean, open, and free from corruption, collusion and nepotism. This purpose is to analyze the problem factors and provide solutions to solve the problems of investigating the problems of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in completing reports and preventing maladministration in Batam City. Legal Research Methods The results of observations, interviews and questionnaires as the main data source and literature study as a source of supporting data showed that the supervision of the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in Batam City has not been effective. The problem factors for the Ombudsman of the Republic of Indonesia Representatives of the Riau Islands Province in public services in Batam City, namely less than the budget, absence of reports, legal uncertainty, lack of support from public service providers, Ombudsman coordination and collaboration with public service providers, and public awareness. Based on these problems, the suggestion from the researcher is a recommendation so that the duties and functions of the Ombudsman run more effectively in accordance with the mandate of the Law, namely: with the revision of the UUORI and implementing regulations for legal certainty, increasing the budget and quality of the Indonesian Ombudsman HR Representatives of the Riau Islands Province , collaborating with public service providers
PERLINDUNGAN HUKUM KONSUMEN ATAS KESAMAAN BUNYI MEREK TERHADAP BARANG YANG TIDAK SEJENIS
Get PDFThe practical purpose of the article is to find out whether consumers get legal protection if something goes wrong in choosing a product that has similar terms but different classification of types. The research is juridical-normative. With regard to the case of MICROCIDE (pharmaceutical preparations) and MICROZID (disinfectant), abviously the isues are different from trademark infringement in general. The use of different terminologies will possible to make consumers to be wrong in choosing the products which can cause a danger when it is consumed. There is remain legal vacuum in the absence of implementing regulations that regulate the same brand in principle for goods that are not of the same type so that consumer’ rights cannot be fulfilled
AKIBAT HUKUM PERJANJIAN JUAL BELI RUMAH MELALUI KREDIT PEMILIKAN RUMAH SECARA OVER CREDIT DI BAWAH TANGAN
Get PDFThis research aims to examine the transfer of housing Mortgages (KPR) by transferring loans (over credit). This problem is caused by the lack of public knowledge about existing legal regulations related to buying and selling KPR by Over Credit. The research method used is a normative legal research method with a statutory approach and conceptual approach. The results of this research show that the process of over credit under the hand can be detrimental to third parties or substitute debtors. The loss was caused by the KPR organizer bank refusing to submit the KPR house certificate and the substitute debtor could not carry out the process of changing ownership of the land certificate for the KPR house he bought because the certificate was still registered in the name of the first party. Therefore, the settlement for the loss can be made by filing a lawsuit through the District Court with a verdict that has permanent legal force regarding the validity of the sale and purchase of mortgages under the hand and the third party is given the authority and power to use as appropriate
PERANAN PENGHULU TERHADAP HAK ULAYAT DI MINANGKABAU
Get PDFSumatra in general and Banuhampu District in particular the existence of customary rights is decreasing day by day both in terms of quantity and quality. The reduced existence of customary rights is because the customary rights have been traded by the legal community, in the case that Minangkabau customary law prohibits the sale and purchase of customary rights, this is stated in the customary kato "Jua indak eaten by bali, pawning indak eaten sando" means that ulayat rights can not be traded and transferred ownership to parties outside the legal community fellowship. Based on the above, the authors are interested in conducting research with the following problems: How are customary rights in Banuhampu District? What is the role of the leader / Pangatuo of the tribe / clan or the head of the inheritance of the ulayat rights in Banuhampu? What is the solution taken to defend the existence of customary rights in Banuhampu District? This research is juridical-social, because the researcher will examine how the application of law, namely customary law, in the development of the existence of customary rights among the Banuhampu community. Based on the discussion that the author puts forward, the following conclusions can be drawn: Whereas Customary Land (Ulayat) Currently its existence in Banuhampum can still be maintained. Even though it's been much less. This can be proven that until now the Legal Alliance in the Customary Law Community, namely Nagari, Tribe, Kaum, are still alive and existent, and each Legal Alliance still has customary rights although both in terms of quantity and quality have decreased. Whereas Ninik mamak / Penghulu / Pangatuo Suku / Kaum is a person who plays a very big role in the midst of his community / association, because ninik mamak has the right and obligation to take care of his children and nephews along with their communal customary rights, and has the obligation to preserve their customary rights. Whereas the customary rights must be maintained, because the ulayat rights are the identity of the association and the ulayat rights are not property rights, therefore the ulayat rights are prohibited from being transferred or sold