Progressive Law Review (E-Journal)
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REVIEW OF MALPRACTICE AMONG LAND DEED OFFICIALS FROM THE POINT OF CRIMINAL LAW: (Study at the Bandar Lampung City Police Resort)
Full text linkThis study discusses malpractice among PPAT related to alleged violations of the law against the deed he made. This was motivated by the presence of PPAT who was suspected of committing an act that was indicated as a crime so that it was reported to the Police Investigator. In this case, it is necessary to prove the truth because the PPAT deed is an authentic deed that is binding on the parties and is perfect, then PPAT has its own Code of Ethics and Law that must be obeyed. The purpose of this study was to determine the criteria for malpractice PPAT? Criminal liability if PPAT commits malpractice? The ideal supervision reconstruction of PPAT in terms of minimizing the occurrence of malpractice among PPAT? The research method used in this research is using normative juridical research methods, namely library law research supported by interviews. The results showed that the criteria for malpractice PPAT must meet 7 legal signs which are instructions that must be obeyed by PPAT, in cases that have occurred if PPAT actually commits malpractice, criminal sanctions are applied in Article 263 of the Criminal Code regarding letter falsification, the supervisory mechanism for PPAT is divided in 3 levels, namely Regional, Regional and Central
 
ANALYSIS OF REFERRAL PROCEDURES ACCORDING TO LAW NUMBER 1 YEAR 1974 CONCERNING MARRIAGE AND THE COMPILATION OF ISLAMIC LAW (Study at KUA Rajabasa)
Full text linkMarriage is a means to form a household as a bond that is recognized by the community where they live as legal husband and wife. However, as time goes by, it is not uncommon to have quarrels between husband and wife caused by third parties, economics, and other things, resulting in divorce. Rujuk means returning to life as husband and wife between a man and a woman doing divorce by way of talak while still in iddah without marriage who has the right to reconcile her husband as a balance of her divorce rights. The purpose of the study is to understand the procedure for reconciliation according to Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law studies at the KUA Rajabasa, and to understand the comparative analysis of law related to the synchronization of procedures for reconciliation according to Law Number 1 of 1974 concerning marriage and the Compilation of Laws
IMPLEMENTATION OF A GENERAL INTEREST PRINCIPLE OF VILLAGE INFRASTRUCTURE DEVELOPMENT BASED ON ARTICLE 83 LAW NUMBER 6 OF 2014 ABOUT THE VILLAGE (Study of Bumi Agung Wates Village, Way Kanan District)
No full textThe problem that exists in Bumi Agung Wates Village, Way Kanan Regency, is the unequal development of village infrastructure. This condition can be seen from the connecting road between Way Kanan Regency and East Ogan Komering Ulu Regency, precisely Bumi Agung Wates Village (BAW), Bahuga District, Way Kanan Regency, Lampung Province, with badly damaged conditions. The problem of this research is How is the implementation of the principle of orderly public interest in village infrastructure development based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? and What are the factors inhibiting the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages (Study of Bumi Agung Wates Village Way Kanan District)? The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical. Based on the results of the study it was concluded that the implementation of the principle of orderly public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages, had not been implemented to the fullest because development in the village of Bumi Agung Wates Way Kanan Regency was only a road in an alley or small road; while the main road has not been developed at all, while the main road is widely used by the community or farmers to transport crops to be brought to the city. The inhibiting factors for the implementation of the principle of order of public interest in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages are among others the relatively low level of community education and facilities and infrastructure in the form of community work equipment that does not support until the end of physical implementation. As a suggestion from the author, the Way Kanan Regency Government should be able to resolve the problem or the inhibiting factor of the implementation of the principle of public order in the development of village infrastructure based on Article 83 of Law Number 6 of 2014 concerning Villages in Bumi Agung Wates Village, Bahuga District, Way Kanan Regency. The government of Bumi Agung Wates Village, Bahuga Subdistrict, Way Kanan Regency,
 
REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE
No full textIn the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants
REGULATION AND IMPLEMENTATION OF NATIONALITY PRINCIPLES FOR RAPE AND SEXUAL ASSAULT ABOARD
No full textSexual violence is an unwanted sexual behavior, such as a request to have sexual intercourse and other sexual behaviors by verbal and physical violence. The problem in this study is how is the legal regulation of rape and sexual assault in Indonesia? and How is the implementation of active national principles for rape and sexual assault crimes that occur abroad? The research method used in this research is normative research method, by examining legal problems using existing literature materials. This study will analyze the legal arrangements for perpetrators of rape and sexual assault crimes to the implementation of the principle of nationality for perpetrators of rape and sexual assaultcrimes that occur abroad. The conclusion in this study is that there needs to be an expansion in the Draft KUHP in regulating criminal acts of immorality, especially rapes committed similarly, both carried out by men and women and the application of the principle of personality both active and passive can be given by the state if the crime is related to the interests of the state, and the existence of bilateral agreements between the two countries so that legal diplomacy can run smoothly until it gets the best way out
THE REVITALIZATION OF THE INDONESIAN LEGAL SYSTEM IN THE ORDER OF REALIZING THE IDEAL STATE LAW
No full textIt can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution
THE EFFECTIVENESS OF THE INSTRUCTION OF THE MINISTER OF INTERNATIONAL AFFAIRS NUMBER 15 YEAR 2021 CONCERNING IMPLEMENTATION OF LIMITATIONS ON CORONA VIRUS DISEASE EMERGENCY COMMUNITY ACTIVITIES 2019 IN JAVA AND BALI
Full text linkThis paper will discuss the post-implementation of the Instruction of the Minister of Home Affairs Number on the PPKM policy, which regulates operational restrictions. What is discussed is the position of these regulations in the Indonesian legal system and considerations in human rights values. This paper aims: to provide an understanding to the public that the importance of paying attention to the legal position of a regulation issued by a government agency is an effort so that the public is not blind to the law and to know about the effectiveness of the regulation. The primary data of this paper is the instruction of the Minister of Home Affairs Number 15 of 2020 regarding PPKM, While the secondary data legal materials in this study were obtained from library materials related to the problem. The position of the Minister of Home Affairs Instruction No. 15 of 2021 regarding PPKM has strong legal force even though the Ministerial Instruction is not part of the Hierarchy of Laws Then Regarding PPKM policies carried out by the government in accordance with rights values Human rights are universal, visibility, interdependence, and inalienable. In the context of the implementation of the fulfillment of the rights to freedom, the right to move, the right to work, the right to social security must be based on the principles of universality, equality and non-discrimination. Other than that
LAND CONFLICT AND IMPACT ON TOLL ROAD DEVELOPMENT FOR PUBLIC BENEFIT IN SOUTH LAMPUNG REGENCY
No full textThe development of the Trans Sumatera toll road for the Bakauheni Terbanggi Besar Section II package currently causes uncertainty in the calculation of compensation for residual lands, so that there is a change in the function of the land from the remaining land affected by the development. The remaining land referred to in this study is the rest of the land that has been compensated by agencies that need land, in this case the Ministry of Public Works and Public Housing but still leaves problems that have not been resolved. The problem in this study relates to the basis and process of settlement of compensation for the residual land that has lost its social function and economic value in the construction of the JTTS Bakauheni-Terbanggi Besar Section, efforts that must be undertaken by the community for the remaining land that loses social function and economic value in the JTTS development Large Bakauheni-Terbanggi Section. This research is a normative and empirical juridical research. This research was conducted in Serdang Village, tanjung Bintang District, South Lampung Regency
URGENCY, LEGAL FORM AND ENFORCEMENT, SYSTEMATIC PRINCIPLES OF COUNTRY
Full text linkOutlines of State Policy (GBHN) are one of the central issues that are currently being discussed in the state administration. In various occasions of socialization of the four pillars of the state by the People's Consultative Assembly (MPR), the discourse on reviving the GBHN as a guideline for national development planning became one of the materials. This is inseparable from Recommendation No. 2 of MPR RI Decree No. 4/MPR/2014 concerning Recommendation of MPR RI for 2009-2014 term of office. The results of a careful study in responding to polemics bring back the Outline of State Policy (GBHN) as recommended by the MPR RI for the 2014-2019 period which involves the participation of the people throughout Indonesia by involving various components as the direction of development that they feel. The substance in the Main Principles of State Policy only contains strategic policies that will become a reference for the preparation of development policies by the government
AUTHORITY AND JURIDICAL REVIEW OF THE DECISION OF THE ELECTION ORGANIZATION COUNCIL (DKPP) IN PRODUCING DEMOCRATIC ELECTIONS IN INDONESIA (Analysis of Law Number 7 of 2017 Concerning General Elections)
No full textABSTRACT The Election Organizer Honorary Council (DKPP) is one of the triumvirate of election organizers in Indonesia. Election law politics in Indonesia is in a status a quo giving DKPP such coercive authority regarding enforcement of the code of ethics. However, so coercive of the powers that DKPP actually raises fundamental questions, namely those related to: 1. How does the code of ethics correlate with the implementation of democratic elections in Indonesia? 2. How does DKPP's authority correlate with the creation of democratic elections? This research is a juridical study that uses a statute approach, a conceptual approach, and a case approach to address these problems. Based on this research, it is found that the Election Code of Ethics is correlated as a manifestation of the organizing rules that are formed together in order to create honest and fair elections in order to create substantially democratic elections, not just procedural ones. In addition, it was found that the coercive authority of DKPP is to ensure that Election Administrators comply with the Code of Ethics, which is the rules for administering elections. When DKPP does not have this coercive authority, it will make DKPP appear to be a blunt sword which will lead to elections that do not reflect substantive democracy. Keywords: democracy, Honorary Council for Election Implementation