Universitas Muhammadiyah Ponorogo Scientific Journal
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Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat
No full textLaw Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El)
Kepastian Hukum Atas Status Tanah Adat Setelah Berlakunya Undang-Undang Pokok Agraria
No full textOn September 24, 2024, the Basic Agrarian Law (UUPA) was enacted and implemented, which is the main legal basis for land regulation in Indonesia. Before the UUPA was enacted, land regulations in Indonesia were still based on unwritten customary law and Western civil law inherited from the colonial era. In practice, many Indonesian people control land based on customary law, which often does not have valid written evidence to show ownership rights. Therefore, regulations regarding land rights are still often complicated and prone to disputes. The UUPA is present as an implementation of Article 33 paragraph (3) of the 1945 Constitution which mandates that the earth, water, and natural resources must be controlled by the state and used as much as possible for the prosperity of the people. The main objective of the UUPA is to create a just and prosperous society, as well as to provide legal certainty regarding land ownership and provide protection to people who have ownership rights to customary land, the UUPA allows the conversion of ownership rights to customary land into ownership rights in accordance with the provisions of the UUPA. The process of proving land rights in the UUPA can be done in several ways, such as land registration followed by the issuance of a land certificate, the issuance of a Land Rights Certificate (SKHAT) by the Village Head or Lurah which is authorized by the Sub-district Head, and also with physical control of the land which is proven by the existence of plants or buildings on the land. Through the UUPA, the government plays a role in equalizing land distribution and improving natural resource management, as part of agrarian reform. This is important to create a fairer and more equitable land ownership system throughout Indonesia
Integrasi Kearifan Lokal dan Hukum Positif dalam Pengelolaan Lingkungan
No full textThe practice of land clearing by burning forests has long been a part of indigenous communities' local wisdom in North Sumatra to enhance soil fertility. However, this practice conflicts with Indonesia’s positive laws, particularly Forestry Law No. 41 of 1999 and Environmental Protection Law No. 32 of 2009. This study aims to analyze the integration of local wisdom and positive law in environmental management. Using a qualitative approach with a case study method, the research examines the case of Sorbatua Siallagan, where land clearing in protected forest areas led to legal consequences. The findings reveal that while indigenous practices contribute to sustainable land use, they also pose environmental risks, including forest fires and air pollution. Therefore, strengthening dialogue and empowering indigenous communities with environmentally friendly agricultural techniques is necessary to harmonize local traditions with legal regulations, ensuring environmental sustainability and community welfare
Tinjauan Hukum Pidana Islam terhadap Pelaku Pemerkosaan Mayat
No full textThe criminal act of necrophilia is a rare phenomenon but has serious implications for the dignity of the deceased and human values. This study is motivated by the legal void in Indonesia’s Criminal Code (KUHP), which does not explicitly regulate this crime. However, the Draft Criminal Code (RKUHP) has begun to include provisions addressing inhumane treatment of corpses, including necrophilia. From the perspective of Islamic criminal law, this act is considered a severe violation of the sanctity of the deceased and religious values. The aim of this study is to examine the crime of necrophilia from the perspective of Islamic criminal law to provide theoretical insights and propose alternative legal regulations relevant to Indonesia. The study employs a normative juridical research method, using a statutory approach and an analysis of Islamic legal doctrines, particularly principles of ta'zir, diyat, and interpretations by Islamic scholars concerning the dignity of the deceased. The findings reveal that while Islamic criminal law does not explicitly regulate necrophilia, this act is classified as a serious offense violating the sanctity and dignity of the deceased. Punishments include ta'zir, which is left to the discretion of judges, and diyat as compensation to the victim's family. The study concludes that both Indonesia's positive law through the RKUHP and Islamic criminal law regard necrophilia as a grave offense requiring clear legal provisions and strict punishment. This research recommends strengthening legal regulations to protect the dignity of the deceased while reflecting the values of justice and humanity
Perlindungan Pendapatan Daerah dari Pembayar Pajak Kendaraan yang Mangkir Perspektif Maqashid Syariah
No full textThis study aims to determine the protection of Regional Income from vehicle taxpayers who are absent from the perspective of Maqashid Syariah at the SAMSAT Office. Motor vehicle tax is a fairly large source of income, but some people are still not compliant with tax payments, so that vehicle owners' tax compliance is not optimal. In implementing the Regional Regulation of North Sumatra Province Number 6 of 2018 concerning Regional Taxes, it is also necessary to establish guidelines and procedures for collecting motor vehicle taxes as stated in the Regulation of the Governor of North Sumatra Number 12 of 2019. This study aims to determine the potential income of the Binjai City Government from vehicle taxpayers who are absent, the impact of motor vehicle taxpayers who are absent, and the protection of Regional Income from vehicle taxpayers who are absent when viewed from the perspective of Maqashid Syariah. This type of research is empirical legal research with a statute approach and living case studies. From the perspective of Maqashid Syariah, efforts to protect Regional Income related to motor vehicle taxpayers are the application of the Maqashid Syariah principle, so it is mandatory to protect Regional Income and comply with the payment of motor vehicle taxes
Kedudukan Pengadilan Pajak dan Perbandingannya dengan Sengketa Tata Usaha Negara di Indonesia
No full textThe Tax Court is a special judicial institution authorized to handle tax disputes in Indonesia. Its position is under the Supreme Court in terms of judicial technical guidance, but administratively, organizationally, and financially it is under the Ministry of Finance. This study aims to examine the position of the Tax Court in the Indonesian judicial system and to compare the mechanisms for resolving tax disputes with State Administrative (TUN) disputes. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The results of the study indicate that the Tax Court is part of the state administrative court environment, but has specific procedures and authorities. The striking difference between tax disputes and TUN disputes lies in the resolution mechanism. Tax disputes are quasi-judicial in nature and require an objection procedure to the Director General of Taxes before they can be submitted to the Tax Court. In contrast, TUN disputes can be submitted directly to the State Administrative Court without going through the administrative objection stage. In addition, the decision of the Tax Court is final and binding, while the PTUN decision can still be pursued for further legal action. This difference reflects the characteristics of each dispute, and emphasizes the strategic position of the Tax Court in providing justice and legal certainty for taxpayers. This study is expected to contribute to strengthening the understanding of academics, legal practitioners, and the public regarding effective and targeted tax dispute resolution mechanisms
Implementasi Kebijakan Pencegahan Penyalahgunaan Narkotika pada Anak
No full textDrug abuse among children in Tangerang City is a serious problem that requires greater attention from various parties. This study aims to examine the implementation of drug abuse prevention policies for children in Tangerang City, as well as to identify obstacles and supporting factors in their implementation. The policies that have been implemented involve various sectors, including education, health, and law enforcement. Children, as individuals who are still in their developmental stage, require an approach that builds awareness and resilience, rather than one that stigmatizes them. Therefore, prevention policies need to be designed in such a way that they can reach children through age-appropriate education, safe and supportive environments, and the involvement of families and schools as the first line of defense in protecting children from the threat of drugs. Under Law No. 23 of 2002 on Child Protection, as amended by Law No. 35 of 2014 and most recently by Law No. 17 of 2016, Article 13(1) and (2) state that children have the right to protection from the abuse of narcotics, psychotropic substances, and other addictive substances. Additionally, Article 59(2)(d) mandates the state and government to provide special protection to children who are victims of drug abuse. However, evaluation results indicate challenges in inter-agency coordination, lack of active participation from parents and the community, and limited resources in implementing these policies. This study suggests the importance of a more integrated approach, involving the community actively, and strengthening the capacity of implementing institutions to achieve success in preventing drug abuse among children
Penegakan Hukum Terhadap Penangkapan Ikan Secara Ilegal oleh Kapal Asing
No full textThis study examines law enforcement efforts against illegal fishing practices by foreign vessels in the waters of Belawan, North Sumatra, a strategic area bordering the Malacca Strait and vulnerable to transnational crimes. The primary focus of this research is to analyze the law enforcement model applied in the Belawan maritime area, identify structural and legal obstacles encountered, and evaluate the effectiveness of the approaches used by law enforcement agencies. This study employs a qualitative approach, with data collection techniques including document analysis, field observations, and interviews with relevant stakeholders. Data analysis techniques consist of data reduction, data display, and inductive conclusion drawing. The research findings reveal that the law enforcement model in the Belawan area combines both preventive and repressive measures, involving coordination among institutions such as the Ministry of Marine Affairs and Fisheries (MMAF), the Marine and Fisheries Resources Surveillance (PSDKP), the Indonesian Navy, and community-based surveillance groups (Pokmaswas). A declining trend in the number of apprehended foreign fishing vessels in recent years indicates a degree of success in enforcement. The originality of this study lies in its specific identification of institutional obstacles, such as overlapping authority, limited patrol resources, and the lack of harmonization in maritime legal regulations. Therefore, the study recommends stronger institutional integration, modernization of maritime surveillance technologies, and harmonization of legal frameworks as strategic measures to enhance the effectiveness of law enforcement in Belawan waters and surrounding areas
Perlindungan Hukum Peserta Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan dalam Pelayanan Kesehatan
No full textThis study aims to analyze the form of legal protection provided to patients holding BPJS Health cards in Medan City, as well as to examine the responsibility of BPJS Health towards participants who experience suboptimal healthcare services. Issues regarding the quality of healthcare services received by BPJS participants have become an important matter as they concern the fulfillment of basic rights to health. This research employs a normative juridical method with a statutory approach, and utilizes data collection techniques in the form of literature study and interviews with related parties, with the data analysis technique used being qualitative analysis, which involves examining and interpreting data based on applicable legal provisions, as well as connecting it with interview results obtained in the field to gain a comprehensive understanding of the implementation of legal protection. Based on the research findings, it is known that legal protection for patients holding BPJS Health cards in Medan City has been implemented in accordance with applicable laws and regulations. This legal protection is divided into two forms: Preventive protection is implemented through education, information dissemination, and ease of access in submitting complaints. Meanwhile, repressive protection is provided through dispute resolution mechanisms both through non-litigation (mediation) and litigation (court) processes. In addition, the responsibility of BPJS Health Medan branch towards participants who experience disappointment, dissatisfaction, and those who do not receive their rights related to healthcare services is manifested in the form of swift and fair actions in accordance with operational standards and applicable legal provisions. The results of this study indicate that although there are several obstacles in practice, generally the implementation of legal protection for BPJS participants in Medan City has been running and provides a foundation of protection for BPJS Health participants
Penguasaan Tanpa Izin atas Aset Lahan Sitaan Kejaksaan: Studi Yuridis terhadap Celah Penegakan Hukum Pidana
No full textUnauthorized possession of land assets seized by the prosecutor’s office constitutes a form of legal violation that has the potential to hinder the enforcement of criminal law. This study aims to analyze the criminal law provisions governing the possession of seized land assets and to identify the obstacles and legal loopholes that arise in its enforcement practices. The research method employed is a normative juridical approach with a focus on the study of positive law. Data collection techniques were carried out through literature study of statutory regulations, legal literature, and relevant court decisions, combined with secondary data in the form of official documents from the prosecutor’s office related to the management of evidence and seized property. Data analysis techniques used normative qualitative analysis, namely by interpreting positive legal norms, linking them with legal doctrines, and comparing their application in judicial practice.The findings of this research indicate that illegal possession of seized assets is regulated in the Indonesian Penal Code (KUHP), Law Number 8 of 1981 concerning the Criminal Procedure Code, as well as the technical regulations of the prosecutor’s office regarding the management of seized property. However, in practice, there are still several challenges, including weak supervision systems, unclear mechanisms for asset safeguarding, and legal loopholes that allow third parties to physically control assets without official procedures. These findings emphasize the need to strengthen technical regulations, improve supervision systems, and enhance coordination among law enforcement agencies to prevent the misuse of seized land assets by the prosecutor’s office