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Komisi Pemberantasan Korupsi Sebagai Lembaga Negara UUD 1945: Sebuah Analisis
Get PDFCurrently, the Corruption Eradication Commission (KPK) is regulated by law, which is considered to have an inferior institutional status and affect the performance of corruption eradication in Indonesia. This institutional inferiority can be judged on the basis of authority and institutions. This paper specifically discusses the institutional status of the Corruption Eradication Commission which is considered inferior and builds discourse through efforts to include the Corruption Eradication Commission as a state institution regulated in the 1945 Constitution. The analysis of this institution as a non-state institution that is not directly outlined in the 1945 Constitution influences its power in efforts to eradicate corruption.
Keywords: Corruption Eradication Commission, State Institution, State Commission
Pemungutan Retribusi Parkir Indomaret dan Alfamart Berdasarkan Peraturan Daerah Kota Malang
Get PDFCollecting retribution is a policy from the regional government. The function of it is to improve the regional income where kinds of collecting retribution, one of them are parking retribution in Malang city, the parking retribution has been an amendment to regional law Malang city area number 3 of 2015. it is about public service retribution that is to improve regional income from the parking retribution. The amount of them is great because Malang is a big city. However, the real conditions do not match with the regional law, e.g it happens at some Indomaret or Alfamart minimarkets. The regional law states that at this minimarket, the customers must not pay for the parking retribution because the regional government has accepted a parking tax given by Indomaret or Alfamart's company.
KEYWORDS: Parking Retribution, Regional Goverment, Indomaret and Alfamart
Hak Waris Anak Perempuan Menurut Hukum Adat Samin, Desa Klopoduwur, Kabupaten Blora
Get PDFThe samanic society that adheres to Adam's religion that has the principle of honesty, all religions to them equally well. The samin are convinced of a belief in the laws of nature and the law of karma. The people of samin use the title of inheritance instead of inheritance, and in sharing the inheritance of the samin community using the parental system only they do not always know the relationship of blood or the upper generation after the grandparents because they assume that all children are descendants of adam who have rights and obligations same. While the process of dividing the inheritance of the samin community does not distinguish the religion held by its descendants as long as it does not contradict the main points of the teachings of samin, in the division of inheritance as long as the parents are alive to avoid disputes. The author is interested to examine more about the division of inheritance, especially the part of girls in the community of samin, precisely in the village Klopoduwur, Kabupaten Blora.
KEYWORDS: Rights of Inheritance, Girls, Samin Custom
Perlindungan Hukum Pemegang Hak Atas Tanah Dalam Sengketa Sertipikat Ganda
Get PDFLand use without rights is prohibited. Therefore, the issuance of land titles certificate. However, in practice, there is still a circulation of land rights that are not in accordance with the provisions of the law and one of them is the circulation of double certificates in the community. The issuance of the double land title certificate by the land office has resulted in a double certificate of land, which is contrary to the principle of legal certainty and certainty of land rights controlled by individuals, legal entities or institutions. This article examines the form or form of protection and legal remedies for holders of land rights concerning multiple certificate disputes. Based on the literature review, in practice, the legal protection of the holder of land rights is regulated in Article 32 of Government Regulation Number 24 of 1997 concerning Land Registration whereas the legal remedies for land dispute settlement which can be taken by the holder of the aggrieved dual-rights land rights can take the path outside the court / non litigation and judicial/litigation lines. This article concludes with suggestions for real reform of the National Defense Agency's bureaucracy and the enhancement of the quality of its human resources and should know in advance the status of land ownership rights in the event of transactions in the case of transfer of ownership of land so as not to cause problems in the future.
KEYWORDS: Legal Protection, Land Dispute, Multiple Certificate
Kerja Sama Pemanfaatan Barang Milik Daerah Berupa Tanah Dalam Bentuk Perjanjian Bangun Guna Serah
Get PDFBuild Operate and Transfer agreement is the utilization of state property in the form of land by another party by establishing a building and facilities, then utilized within a certain period which has been agreed, for after be handed back the land along with the building or facilities after the expiration of the term. This agreement comes as one of the new development patterns in terms of inviting the private sector to participate in national development and becoming a solution to problems in Indonesia in terms of land and funding. The method used in the writing of this essay is the method of writing normative juridical applying the rules of positive law, in the writing of this essay used several approaches are the approach of legislation, conceptual approach, and case approach. There are three principal in land law that have a role in the implementation of the Build Operate and transfer agreement, there are two ways of acquiring land management rights by investors in Build, Operate and Transfer Agreement, there are through a new concession or bankruptcy auction.
KEYWORDS: Build Operate and Transfer Agreement
Penyelesaian Sengketa Pertanahan Yang Dilakukan Oleh Kantor Pertanahan Kabupaten Ngawi
Get PDFThe soil is part of the earth called the earth's surface. Along with the rapidly growing era, the rate of population growth and development in Indonesia is increasing, so the basic needs will be higher. However, the number of circles of soil is out of balance. This causes land compensation. As some cases exist in the territory of the Land Office of Ngawi Regency. This article examines the complete forms of land disputes conducted by the Ngawi Land Affairs Office. Based on the literature review, in practice, the overall typology of land disputes in the work area of ​​the Ngawi District Land Office in 2017 from various cases of disputes that are rights-free landings, double certificates, and court decisions are also included in typology relating to juridical data because The Company is related to the voting rights over land and business related to the region in the region of Ngawi Regency with acceptable tariff outside the court and the court. This article concludes with a suggestion to provide certainty and measures that society desires for the process under the effectiveness, efficiency, and legal consent.
KEYWORDS: Land Dispute, Tipologies Land Dispute, Settlement of Land Dispute
Perlindungan Buruh Atas Pemutusan Hubungan Kerja (PHK) Karena Perusahaan Dinyatakan Pailit
Get PDFWorkers are workers who have done work, either working for thenselves or working in a work relationship or under the orders of employer and for their services in working laborers get wages or other forms of compensation. Workers are an inseparable part of national development based on the 1945 Constitution of the Republic of Indonesia. Labor has an important role in the position as national development actors and targets. That is why there must be labor rights stipulated in applicable Indonesian regulations which include protection of labor rights. Some labor rights receive compensation and proper treatment in carrying out work in the company or government agencies. Fulfillment of labor rights that are not fulfilled by these companies often creates employment cases in Indonesia. Especially what happened when the company experienced financial problems, namely bankruptcy by the Commercial Court, which caused the company to face difficulties in fulfilling labor rights and severing labor relations because the company had experienced pailit.
Keywords : Worker, Work Termination, Paili
Penjatuhan Talak Terhadap Istri dengan Alasan Tidak Mendapatkan Keturunan
Get PDFThe imposition of divorce is included in one of the marriage break-ups due to divorce, the divorce should only be made based on divorced reasons contained in the rule of positive law. In this study, the panel of judges gave the stipulation in accordance with the provisions of Law number 1 of 1974 on marriage and the Compilation of Islamic Law. This type of research uses the juridical normative (legal research) that examines legal issues associated with positive law rules, principles, and norms. The conclusion of this study indicates that the imposition of divorce against the wife with the alibi that the wife can not give ancestry can not be an excuse to do divorce. Because of this divorce is granted, based on the judge's reasons for the imposition of divorce due to continuous disputes and quarrels in accordance with the provisions in the Compilation of Islamic Law. Due to the imposition of divorce caused the breaking of marriage among the parties.
KEYWORDS: Divorced, The Imposition, Verdict, Law Effec
Rekonstruksi Pendistribusian Produk UMKM Guna Percepatan Daya Saing Menuju Masyarakat Ekonomi ASEAN
Get PDFMicro, Small, and Medium Enterprises (MSMEs) are a form of business consisting of micro, small and medium enterprises. The state is to increase national economic development by optimizing the existence of MSMEs as local businesses. UMKM can become the main guard in facing global competition, especially in the competition of the ASEAN Economic Community (AEC). The implementation of the AEC which opens trade flows freely as possible can provide opportunities for MSMEs to distribute their products freely, but the distribution conditions of MSME products are currently constrained by traditional and hereditary work patterns because MSMEs only focus on making products without mapping market strategies. The current distribution is still experiencing several problems, mainly related to weaknesses in obtaining market opportunities and expanding market share and the limitations of cooperative business networks between small entrepreneurs. Therefore, it is necessary to reconstruct the distribution of UMKM products to build MSMEs into the independent, quality, and highly competitive business actors. The reconstruction was realized based on the theory of legal systems according to L. Friedman, namely legal substance, legal structure, and legal culture. Legal substance is manifested by the revision of regulations to accommodate the distribution reconstruction. The legal structure is embodied by the formation of the Coordination Agency for the Distribution of Business Products, and a legal culture which is manifested by the formation of a new culture in the process of distributing UMKM products.
KEYWORDS: MSMEs, Economic Competitiveness, ASEAN Economic Communit
Mediasi Hubungan Industrial Yang Melebihi Batas Waktu
Get PDFThe number of disputes that arise in industrial relations is something that cannot be avoided even though ultimately it can be resolved through deliberation, mediation, conciliation, arbitration or court. In the law number 2 of 2004 concerning the settlement of industrial relations disputes, it has been stipulated that in the event of a dispute between the worker/laborer and the employer, the bipartite settlement must first be attempted. If the settlement through a bipartite fails, the an attempt is made to resolve the dispute through mediation. Mediatoin is a peaceful process whereby the disputing parties hand over the settlement to a mediator, namely someone who arrangers a meeting between two or more parties at odds to achieve a just outcome, without wasting too much money, but remains effective and fully accepted by the two the parties who have disputes voluntarily.Keyword : Dispute, Mediation, Industrial Relation