Nagari Law Review
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The Schorsing in Implementation of Administrative Decision that Endanger the Environment by Administrative Court
Get PDFThe postponement criteria of the implementation of KTUN (Administrative Court Decision) based on Article 67 of the Act Number 5, 1986 concerning the State Administrative Court (the Act of Administrative Court) merely states that such Postponement can be made if there is a very urgent circumstance which results in the plaintiff's interest to be lost if the sued state’s administrative decision is still implemented. By the promulgation of the Act Number 30, 2014 on the Governance Administration, it reregulates the delay of the implementation of the decision worded in Article 65. However, there are varies in the regulation of the implementation of the such decision pursuant to Article 67, of the Act Law Number 5, 1986 concerning the State Administrative Court. In accordance with Article 65 of the Administrative Governance Act, it rules more detailed regarding the reasons for the State Administrative Court that may delay the enforcement of a Government Decree, one of which if a Government Decision or Action "has the potential to cause environmental damage" and the Court in issuing such a delay shall be in the form of a "Verdict", so that it is different from the arrangement in Article 67 of the State Administrative Judicature Law and its derivatives which stipulates that the reason for the postponement of the validity of a State Administrative Decree if there is an "urgent circumstance" issued in the form of "Stipulation".
The research shows that the Act Number 30, 2014 as a substantive law does not regulate in detailed regarding procedural law of such adjournment application, hence based on the principle of lex specialis derogat legi generali a judge has to refer to the rule on the postponement that already exist till it is enacted the new one that might accommodate the postponement implementation and it can determine that the Postponement Execution Delay a judge must view the urgency of the Decision/the Government Action might be delayed by referring to review result or auditing from auditors of the environment that has been certified by the LSK of environmental auditors that is under the Ministry of Environment, and it is not against “ the public interest”
Penyimpanan Sertifikat Hak Atas Tanah Oleh Notaris Pada Proses Pengikatan Jual Beli (PJB) (Analisis Putusan Nomor 53/Pid.B/2017/Pn.Bkt)
Get PDFLand purchase agreement is a preliminary agreement made by the parties before a notary create deed of sale before. In case of breach of contract, the notary is often reported to the police on charges of embezzlement due to keeping land rights certificates, even though the parties have signed agreement to authorize the notary public to keep he certificate. Such a problem in fact has also been tried in court. In decision Number 53 / Pid.B / 2017 / PN.Bkt. Elfita Achtar, a notary has been charge due to embezzlement of 4 (four) Right to Build (HGB) certificates owned by PT. Rahman Tamin. The article tries to discuss the case. The research concludes that the Notary Acts does not regulate about the keeping of land certificates in the process of the sale and purchase agreement. However notary deed on the right to keep the certificate has ensured legal certainty to the authority of notary to keep certificate. The consideration in the ruling, pursuant to Article 16 paragraph (1) sub-paragraph a of Notary Law "in carrying out its function, a notary is obliged to act trustworthyly, honestly, thoroughly, independently and impartial,as safeguards of the interests of the parties. Right to keeping the certificate cannot be separated from the authority and function of notary. Therefore the notary is responsible to guarantee the implementation of the binding of the sale and purchase until it deed of Sale and Purchase is signed. It will be unlawful if the notary handed over the certificate to the other party and would cause harm to the parties who have made sale and purchase transaction
A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context
Get PDFThe definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable
Hak Gugat Pemerintah dalam Mengembalikan Kerugian dan Pemulihan Lingkungan Melalui Sengketa Lingkungan Hidup
No full textThe concept or idea of the Ecocracy (Eco-Crasi) suggests that the environment has its own sovereignty called environmental sovereignty. The concept of the eco- nomic places the environment as the subject of law and has the right to obtain legal protection, including the right to compensation and environmental restoration from pollution and environmental destruction. The environment as the subject of law can not be equated with human beings, because the environment can not speak and act as human beings, therefore the environmental rights to demand environmental compensation due to pollution and / or environmental damage are represented to the state, One legal principle in the PPLH Law is the principle of state responsibility, the consequence of the principle of state responsibility, the government may take legal action to represent the environmental interests provided for in Article 90 paragraph (1) of the PPLH Law. The compensation of the environment and the restoration of the environment shall be carried out by means of civil law enforcement instruments such as by filing a civil lawsuit to the court by the agency responsible for the environment, the lawsuit filed on the basis of Legal Acts (PMH) as enshrined in Article 1365 of the Civil Code and the basis of the lawsuit Strict Liability (Strict Liability) as a model of legal liability that does not need to prove the existence of liability without fault as stipulated in Article 88 UUPPLH
Harmonisasi Hukum Tindak Pidana Eksploitasi Seksual Anak Pasca Diratifikasinya Protokol Tambahan Konvensi Hak Anak
Get PDFSexual exploitation of children is a crime that makes children not only as sex objects as well as commercial objects. This terminology comes from an international criminal law instrument, Commercial Sexual Exploitation of Children (CSEC). In the national context, this terminology has not been mentioned in national criminal law, even academic studies on this issue have not been widely practiced. In addition, the crime of child sexual exploitation has not been regulated in a special article. The terminology found is only about child sexual violence, whose meaning is different from child sexual exploitation. Indonesia has ratified the Optional Protocol on Sale of Children, Child Prostitution and Child Pornography (OPSC), it is important to harmonize national laws related to the crime of child sexual exploitation. This research is normative law research, with approach of legislation. This study found that post-ratification of OPSC through Law no. 10 Year 2012, no steps have been taken to harmonize national criminal law related to child sexual exploitation as required in OPSC, so that measures to improve national law and measures to tackle this criminal problem have not been followed in accordance with the standard desired by OPSC. Therefore, it is recommended that the government immediately take steps to transform the current national law of child protection by incorporating aspects of child sexual exploitation as set forth in the OPSC into the R-Criminal Code and in the revision of the Child Protection Act
Pasal Penghinaan Presiden Dan Urgensi Pembaharuan Kitab Undang-Undang Hukum Pidana
Get PDFAs a state of law, Indonesia highly upholds the legal values existing in societies. By highly upholding the legal values indicates that Indonesian is a nation who abides the law. One of the laws that must be abided by people is criminal law sourced from the Criminal Code or as familiarly known as KUHP. As a positive law Criminal Code (KUHP) is prevailing all over the territorial of Republic of Indonesia and shall be a guide for the entire legal apparatus to impose sanction for violation and crimes. Unfortunately, the Criminal Code which is currently used by the law enforcers as a guide and reference to punish the guilty persons is no longer appropriate with the cultural value of our nation. Actually Criminal Code as the colonial law product is not relevant any longer with the condition of the era and ideology of Indonesian. It is impossible that Indonesia that have been feeling independence for decades but still use the law product of the nation who had occupied it. Consequently, it is urgent that the Indonesian criminal law renewal must be carried out and cannot be negotiable
Konstitusionalitas Pengaturan Hak Ulayat Dalam Peraturan Nagari
Get PDFPasca ditetapkannya UU No. 12 Tahun 2011, Peraturan Nagari tidak lagi diakui dalam hierarki peraturan perundang-undangan di Indonesia. Padahal jika merujuk pada Pasal 18 B ayat (2) UUD NRI 1945 pemerintah wajib mengakui keberadaan masyarakat hukum adat berikut hak tradisionalnya. Dalam konteks otonomi daerah, jika dikaitkan dengan Pasal 18 ayat (6) UUD NRI 1945 bentuk pengakuan pemerintah kepada desa sebagai bagian dari pemerintahan daerah idealnya berupa hak untuk mengatur dan mengurus sendiri urusan rumah tangganya. Sebagai lex specialis, Pasal 26 ayat (2) huruf d UU No. 6 Tahun 2014 tentang Desa juga menegaskan hak nagari untuk membentuk peraturan otonominya. Sebagai solusi, sebenarnya Pasal 8 ayat (1) UU No. 12 Tahun 2011 sebenarnya mengakui keberadaan peraturan nagari yang dibentuk atas kewenangan yang bersumber dari perundang-undangan. Dalam implementasinya, pembentukan peraturan nagari terutama yang berkenaan dengan hak asal-usul/ulayat di Sumatera Barat mengalami kendala ytang signifikan. Meski MK melalui putusan PUU No.35/2012 menetapkan kewenangan itu ada di tangan nagari, dalam pelaksanaannya kewenangan dimaksud dibatasi secara bersyarat oleh pemerintah
Penerapan Fungsi Sekunder Hukum Pidana Oleh Aparatur Penegak Hukum Dalam Hukum Pidana Ekonomi
Get PDFSecondary function of criminal law indicates that criminal law will only be needed if other legal norms cannot protect the society. However, the reality shows that more criminal laws enacted and more criminal sanction are applied, especially in Economic Criminal Law. That phenomenon may lead to over-criminalization. The research concludes that there is no synchronization in the implementation of secondary function of criminal law both in formulation and implementation of criminal law. Therefore, there should be synchronization in implementing the secondary function of criminal law, and in turn it will support synchronization among law enforcement official. 
Kedudukan Negara Sebagai Kreditur Preferen dalam Piutang Pajak dalam Kasus Kepailitan
Get PDFState has preference right in obtaining repayment of the insolvent company. The position of secured creditors are not affected by the bankruptcy. This means that creditors can exercise their rights as if no bankruptcy occurred, so it will generate inequality among creditors tax receivables (state) with secured creditors. After the bankruptcy decision handed down, the organization of the bankrupt debtor assets will switch to a curator under the supervision of the supervisory judge. Curator duty to sell or transfer the bankruptcy estate to the extent necessary to cover the cost of bankruptcy. Sometimes the sale of the bankruptcy estate is insufficient to pay the debt debtor bankruptcy, including tax. The purpose of this research article was to compare the tax receivable creditor position with secured creditor and other creditors in case of bankruptcy and to know the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax debt and other debts under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act. The results of this research article showed that, first, the position of the state as compared to the secured creditor and other creditors in case of bankruptcy under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act is at a higher position than the position of the secured creditor and other creditors because of preference’s rights that take precedence in the repayment of debt of debtor. Second, the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax bill and other bills is to give priority to pay off the tax bill is divided in proportion to the ratio of the amount of the bill, respectively, although the rest of the tax bill has not been paid off, is not considered the responsibility of the curator again because the bankruptcy has ended
Implementasi Pelayanan Publik di Provinsi Riau dan di Provinsi Jakarta Berdasarkan UU No. 25 Tahun 2009
Get PDFThe implementation of the act of number 25 years 2009 about the public services in an effort to create the principle of good governance ( good governance ) in the province of Riau and Jakarta west important because of anything services for the community of course there has been a the command of implementation , procedures and authority so that the recipient the service will be satisfied for what he received . The implementation of law number 25 years 2009 concerning public services in west sumatra still has not been effective, because of year to year still happens reporting by the community for government agencies, soe, who do not give public services such as delays , abuse, received in exchange for money and services and goods. Constraints that have been faced in the delivery of public among other: the low the quality of public services , public service system not clearly regulated , overlapping authority , the low external supervision from the community , the ineffectiveness of the decentralised system .The efforts being done to deal with the obstacles is besides built supervision external by the community through active provided a report on the ombudsman representatives to Riau and Jakarta , so internal control each agencies needs to be improved the system , if a long considered be unable to improve the quality of public services . The concept of public services ideal is well applied by ombudsman when is supervision public service done with activities investigation initiative , supervision public services , systemic investigation , and the compliance