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PERKEMBANGAN HAK NEGARA ATAS TANAH: HAK MENGUASAI ATAU HAK MEMILIKI?
Get PDFArtikel ini ditulis dengan tujuan membahas perkembangan konsep hak menguasai negara, sebagai satu-satunya hak kebendaan yang diberikan Konstitusi kepada negara Indonesia. Dalam artikel ini penulis memfokuskan pembahasannya pada hak menguasai negara atas tanah dan pada interpretasi Mahkamah Konstitusi atas hak menguasai negara tersebut. Pembahasan penulis tersebut selanjutnya digunakan untuk menjawab permasalahan bahwa dalam kenyataannya hak menguasai negara atas tanah telah dimaknai secara keliru oleh Pemerintah, menjadi hak memiliki atas tanah. Disamping itu, hak menguasai negara atas tanah semakin tereduksi di Indonesia, digantikan dengan hak privat individual atas tanah. Hal ini mengakibatkan konflik pertanahan yang meluas di antara masyarakat di seluruh Indonesia. Dari pembahasan yang dilakukan penulis terhadap perkembangan konsep hak negara atas tanah dan interpretasi Mahkamah Konstitusi, maka penulis menemukan bahwa berbagai undang-undang sektoral terkait tanah telah menyimpang dari falsafah dan prinsip dasar UUPA. Oleh karena itu, perlu reformasi peraturan perundang-undangan yang mengembalikan UUPA sebagai payung hukum dari segala peraturan perundang-undangan terkait tanah.KEYWORDS: Tanah, Hak Milik, Hak Menguasai Negara, Hak Ulayat, Masyarakat Ada
DESENTRALISASI KEWENANGAN BIDANG PERTANAHAN BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2006
Get PDFLaw No. 11, 2006 concerning Aceh Government determines the existence of decentralization of authority in the land sector to the Aceh Government. However, in reality, the decentralization of authority could not be accomplished. Therefore, this research aims at studying the authorities which have been decentralized and factors that led to the failure in implementing these authorities. The data were collected through literature research and field research. The literature research was conducted by reviewing the Law No. 11, 2006 and other statutory provisions as well as the views of relevant experts. Field research was conducted by interviewing officials of technical institutions and other relevant stakeholders. The results of the research show that the authorities in the land sector that are especially decentralized to the Government of Aceh through Law No. 11, 2006 are the autorithies to grand The Right to Cultivate and The Building Rights on Land. However, these rights have not been implemented due to the inavailability of more concrete rules and local officials whose fundamental duties and functions are specifically in the land sector.Key words: decentralization, authority, the land secto
ISLAMIC CRIMINAL LAW AS A BRIDGE OF CONTENTION BETWEEN PUBLIC AND INDIVIDUAL INTEREST WITHIN RESTORATIVE JUSTICE
Get PDFRestorative justice has been developing broadly in many countries as a new paradigm in the criminal law field. Following the necessity and global trend, Indonesia has made an effort to replace the current Juvenile Court Act (JCA) with the new one, called Juvenile Criminal Justice System Act (JCJSA), which utilizes diversion as a restorative justice program for juvenile delinquent which took into effect since July 2014. As a new paradigm, restorative justice has been criticized sporadically. One of the critics is how to balance public interest and individual interest when they are in conflict regarding the restorative justice settlement that reached by the victim and offender. The contention between the proponent and opponent of the restorative justice movement on this issue is remains unsolved up to present. This issue is also possible may be arise when the Indonesian government enforces JCJSA. As a Muslim-majority country, Indonesia has an opportunity to resolve the contention by offering Islamic Criminal Law (jinayat) as an approach method since restorative justice values exist also in Islamic criminal law. There are at least two notions why Islamic criminal law could relax the contention. Firstly, historically Islamic law ever existed in Indonesia. Secondly, restorative justice values exist in Islamic Criminal Law. This paper will try to portray restorative justice in Islamic criminal law point of view in order to mollify the contention
UPAYA PENANGULANGAN KEJAHATAN TERORISME YANG BERKARAKTERISTIK HAK ASASI MANUSIA DI INDONESIA
Get PDFIndonesia is the country founded on law and not only power. Hence, the tackling of terrorism as a criminal offense must also be founded on law, respect and protection of human rights of the suspect, defendant, and convict. Human rights are guaranteed by the positive law in Indonesia. The party alleged as the terrorist can be arrested for two years without a trial, is not in accordance with the law founded on Pancasila which requires a guarantee for a just and civilized humanity to create justice for all Indonesian people based on the supreme of law. Any violation of law by anyone including the law enforcer cannot be justified. Consequently, a criminal policy is necessary by using penal and non-penal tools so that the law can be enforced effectively without endangering the value of legal basis in the forms of legal certainty, justice, and expediency. The law enforcement must also be accompanied by faith to avoid violation of law. Thus, the tackling of crime related to terrorism really characterizes human rights enforcement founded on the value of legal basis
RIGHT TO ACCESS INFORMATION IN DECENTRALIZED INDONESIA: A SOCIO-LEGAL INQUIRY
Get PDFIndonesia is no longer an authoritarian country, and no longer centralized government. Decentralization processes since 1999 has changed local democratization in a wider participation. Nevertheless, the culture of openness and incorrupt have been far from the more ideal situation. Bribery, corruption and unresponsive public services have been continuously and more systematic taking place. In that context, the Government of Indonesia enacted Law No. 14 of 2008 concerning Public Information Openness (Keterbukaan Informasi Publik or called PIO Law), which is implemented since 30 April 2010. The PIO law is believed to contribute to the better decentralization processes and economic-political democratization at local level. Nevertheless, although right to access information was guaranteed by law, but it has been applied in limited process. Such situation actually gives clear evidence that decentralized Indonesia should be questioned, especially in terms of how the right to access information has been applied in a meaningful way after the enactment PIO Law in 2008 and, what the dominant problems in implementing right to access information are. This article will elaborate the norms and practices of PIO Law by using the rule of law point of view
PERLINDUNGAN HUKUM BAGI PEMEGANG POLIS DAN/ ATAU PESERTA ASURANSI JIWA DALAM AKAD WAKALAH BIL UJRAH PRODUK UNIT LINK SYARIAH
No full textSyariah unit link life insurance is Syariah Insuranc’s product that provide benefits and investment protection by allowing participants to choose the type of investment themselves. This product is abainding by the regulations, including the obligation to implement syriah principle. One form of akad that is used in this product is akad wakalah bil ujrah which authorizes the insurance company to manage the charity fund and investment funds. Legal protection for policyholders and/or participants should be implemented in the insurance policy specifically related to legal protection in the event of a loss in risk management activities and/or investment management activities caused by the willful misconduct, negligence, or breach of contract made by the Company Keywords : wakalah, syariah insurance, legal protectio
REKONSTRUKSI MODEL PUTUSAN HAKIM PERKARA KDRT MELALUI PENDEKATAN HUKUM PROGRESIF
Get PDFCase of domestic violence had increased every year, this is caused by people have a paradigm that domestic violence is privat domain. Even though, domestic violence be regulated by domestic violence elimination Act number 23 in 2004, but the victim often don’t recognize justice. In common law jurisdictions concentrate on judges, whose opinions contain masses of reasoning. In civil law jurisdictions, they focus more on the writings of jurists, both because their works are regarded as important evidence of what the law is, and because court judgements are much less elaborate in their ratiocinations, judge legal reasoning used Act priority, specially Act for Domestic Violence Elimination. So, that reasons for use progressive law approac
BENTUK-BENTUK PENERAPAN NORMA HUKUM ADAT DALAM KEHIDUPAN MASYARAKAT DI JAWA TENGAH
Get PDFThe existence of customary law in the life of central java people has existed for a long time, the rules of law that accommodate and legalize have been there and stratified from the beginning to the level of the basic law to the operation of the rules. Reseach problem: How is the customary forms the rule of law in the life of Central Java people? Research aim, to find out the application forms of customary law in the life of Central Java people. Research kind is policy research. Research type is empirical juridic research. The research characteristic is descriptive with purposive and stratified sampling approach. Primar and secondary data use interview and document. The research method is analytical qualitative. The research result shows, the existence of customary law in the implementation in the people life has existed for a long time. However, there are diversity forms in its application, some directly and some indirectly, depending on the characteristics of the place and time where it is applied. Suggestion, The need for unity indigenous manifested in village administration in order to facilitate social interaction between citizens, in the diversity and protection against right indigenous people.Keywords: Application Forms, Akad, Customary Law, People Life
PENETAPAN PERWALIAN BAGI ANAK KORBAN TSUNAMI OLEH MAHKAMAH SYAR’IAH KOTA BANDA ACEH
Get PDFBanda Aceh City is in the special condition caused by the tsunami in which some children do not only lose their parents but also siblings, become victims, lose their residence because they were also destroyed by the tsunami, so that they have to live in refugee camps. For these children, guardians are needed to take care of and be responsible for the continuity of the children’s lives in fulfilling their needs. Based on that situation, the problems which arise are, then: How does the implementation of the Custody Establishment for children victims of tsunami by the Sharia Court of Banda Aceh City? What are the obstacles faced in implementing the custody establishment referred to and what are the legal consequences? And what are the efforts made to overcome these obstacles? The data collection in this research is obtained through literature study and field research. The data obtained are analyzed using a qualitative approach and descriptive analysis method. The Custody Establishment is doen through Sharia Court decision based on the petitions which meet the specified requirements. In the implementation of post-tsunami custody establishment, the establishment was decided by a single judge because of the circumstances at the time, but after the situation is better, the judge is, then, the panel of judges. The legal consequences of the establishment are the responsibilities of the guardians to the children and the properties of the children under their custody. The efforts made are settling the custody petition that the court has got using existing facilities, and holding seminars or dialogues that discuss the need for rules regarding the supervision of children and the properties of the children who are under custody.Key words: Sharia Court of Banda Aceh, Victims of Tsunami, Custody Establishmen
STRATEGI KEBIJAKAN PERLINDUNGAN INVESTOR LOKAL DALAM ARUS BEBAS ASEAN ECONOMIC COMMUNITY
Get PDFASEAN countries will enter the era of free trade through the agreement of Asean Economic Community Blueprint. This agreement will open the free flow of trade in goods, services, investment, capital and skilled labor. Regarding the investment, in particularly, all countries will apply the principles of the National Treatment and Most Favoured Nation. It means that all countries will give equal treatment between foreign investors and local investors. This poses a problem for Indonesian government on policy strategies to provide protection for local investors. This paper will use the normative juridical method for the discussion. However, to complete the analysis, empirical facts will also be carried to sharpen the argument. Based on the normative analysis, the result showed that Indonesian government has taken various strategies throughout legal instruments related to the investment law. Local investor protection is conducted by providing limits to the field of businesses, investment and divestment requirements for foreign investors.Keywords : policy strategies, asean economic community, local investor protectio