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The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia
Get PDFThe reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress
The Judges Legal Reasoning on Child Welfare’s Perspective in the Hadanah Cases at Banten Religious Courts
Get PDFThis research analyzes the interpretation of the children welfare values in the juridical, sociological and philosophical perspective towards the judges legal reasoning in the hadanah cases at Banten Religious Courts. This research is classified as juridical normative research align with the qualitative descriptive data analysis towards the law approach as well as the Religious Courts Decision approach concerning the divorce and custody that had the legal impact for hadanah. The research result indicates that the hadanah cases decided by Judges legal reasoning at Banten Religious Court still tend to utilize the legal positivitistic considerations. Meanwhile, at the sociological level, it refers to the Article 5 of Law No. 48 of 2009 concerning Judicial Power stipulates that judges must explore, follow, and understand the legal values and society living law as as justice senses. The interpretation of this article depends on the custodian of hadanah towards the personality (morality) aspect. These includes moral and health aspects as well as the education and nurturing children opportunities aspects. Meanwhile, from the philosophical level, it is demonstrated by the law exploration derived from the Qur'an, Hadith, and fiqh principles that prioritize the children interests based on Maqasid al-Shariah
Land Acquisition for Public Interest: Balancing State Control and Individual Property Rights
Get PDFLand acquisition is essential for public development, but it often causes disputes over land rights and compensation when governments acquire land for economic and infrastructural projects. This research aims to address the challenges in land acquisition, particularly focusing on the shift from land “management” to land “ownership” in for public interest. The study seeks to highlight issues related to coercion, inadequate compensation, and the lack of proper consideration for individual landowners during the acquisition process. This study employs doctrinal research, using a combination of the statutory approach to analyze the balance between the State's control and individual property rights in land acquisition. The study finds that while land acquisition is legally grounded in principles of land control and protection for landholders, its implementation often fails to respect the rights of individual landowners. Issues of coercion and inadequate compensation persist, and the shift from land management to ownership in development activities exacerbates these problems. Simplifying the land acquisition bureaucracy while maintaining respect for land rights, fairness, and caution is essential for a more just and efficient process, aligning with principles of justice and proper compensation
Implementasi Penerbitan Izin Penyelenggaraan Angkutan Sewa Khusus Oleh Dinas Perhubungan Provinsi Jawa Tengah
Get PDFPenelitian ini mengkaji tentang implementasi penerbitan Izin Penyelenggaraan Angkutan Sewa Khusus Oleh Dinas Perhubungan Di Provinsi Jawa Tengah, juga kendala implementasi dan upaya mengatasinya. Metode dalam penelitian ini adalah yuridis sosiologis, spesifikasinya deskriptif analitis, datanya adalah data primer dan data sekunder dan analisis data kualitatif. Hasil penelitian penerbitan izin penyelenggaraan Angkutan Sewa Khusus oleh Dinas Perhubungan di Provinsi Jawa Tengah berdasar pada Pasal 15 Peraturan Gubernur Jawa Tengah Nomor 56 Tahun 2018 tentang Penyelenggaraan Angkutan Sewa Khusus di Wilayah Operasi Dalam Provinsi Jawa Tengah dengan menggunakan Sistem Informasi Administrasi Perizinan Provinsi Jawa Tengah bernama “SIAP JATENGâ€. Mekanismenya diawali dengan pendaftaran, upload dokumen, pemeriksaan dokumen, pengesahan dokumen, dan penerbitan izin. Untuk implementasi penerbitannya pada periode April 2018- Juli 2020 tercatat sebanyak 4.181 izin. Kendala dalam implementasi meliputi 2 hal yaitu: kurangnya pemahaman masyarakat dalam penggunaan IT, dan kurangnya pemahaman masyarakat mengenai persyaratan mengurus izin, dalam hal ini dapat diupayakan dengan sosialisasi baik secara langsung atau melalui akun website.
Research of implementation issuance of Special Leasing Transportation Operations Permits by Department of Transportation in Central Java, as well as implementation constraints and efforts to overcome them. Method in this research is sociological juridical, the specification is descriptive analytical, using primary data and secondary data and qualitative data analysis. Results of this research on the issuance of permits for the operation of special leased transportation by the Department of Transportation in Central Java Province based on Central Java Governor Regulation of Implementation of Special Lease Transportation in the Operational Area within Central Java Province using the Central Java Province Licensing Administration Information System named "SIAP JATENGâ€. The mechanism begins with registration, uploading documents, checking documents, validating documents, and issuing permits. For the implementation of the issuance in the April 2018-July 2020, a total of 4,181 permits were recorded. Constraints in implementation include 2 things, lack of public understanding of the use of IT, and lack of understanding of the community regarding the requirements for obtaining permits, in this case this can be pursued by outreach either directly or through the official website account
Journalist Protection on the Battlefield Under the International Humanitarian Law: Russia-Ukraine War
Get PDFThe work of journalists on the battlefield is a tough duty with all the consequences and the threat of death that can occur at any time. This also happen to the journalist in the war between Russia and Ukraine. The case of two journalist of Fox News who were killed outside the capital city Kiev because the vehicle they were traveling in was shot in the city of Horenka. The purpose of this study is to find out whether the rights of journalists on the battlefield, especially in the conflict between Russia and Ukraine, can be protected by the existence of International Humanitarian Law (IHL). The method used is doctrinal and hermeneutic with data collection techniques, namely document studies and "analyze" or "interpret" prescription texts and legal constructions on the secondary data. The results of this study prove that there are still many violations of the existence of IHL, especially in the 1949 Geneva Conventions in terms of legal protection for journalists on the battlefield
Justice as a Meta Value of Corrective Justice in Providing Restitution for Unjust Enrichment: A Study on Rules, Norms, Principles, and Foundation
Get PDFThe legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studying a particular field of law. However, in practice, most legal scholars and professors in the field of law are still unaware of such concepts that often overlap with one another. Generally, foundations are meta values from principles, principles are the meta values of norms, and norms are meta values of a rule. In comparison, values are the equivalent of principles and fundamental values. A theorem is the equivalent of a norm, which is embodied in a rule, and the rule itself is the most concrete implementation of a principle, which may be in the form of a written or unwritten rule. This paper aims to explore the relationship between justice, corrective justice, restitution, and unjust enrichment. It will discuss how fundamental values, principles, and norms serve as meta-values in achieving justice. Additionally, it will examine the role of corrective justice in providing restitution for cases of unjust enrichment
Accountability and Transparency of the Electronic Court and Litigation Systems in Indonesia
Get PDFThe research focuses on evaluating and strengthening the electronic justice system in Indonesia, with a particular emphasis on its accountability and transparency. It is motivated by the numerous challenges in the electronic justice system implementation related to regulations, human resources, case management, and other potential emerging problems. This research employed normative and empirical legal methods. The research results reveal that electronic justice systems may be classified within the appropriate category. The most important thing is to strengthen the accountability and transparency in it towards an independence and impartiality of the electronic judiciary system through strengthening the quality assurance of the electronic judiciary system, electronic administration of the judiciary system by a clerk court based on an electronic trial recording (e-records), data security guarantees in e-court and e-litigation processes, and unlimited access assurance to space and time
Penyelesaian Sengketa Hak Milik Terkait Penguasaan Tanah Bangunan Studi Kasus Putusan Pengadilan Semarang
Get PDFObjek pembahasan dalam kajian ini adalah putusan nomor 414Pdt2020PT SMG yang memutus perkara sengketa penguasaan tanah hak milik yang disebabkan oleh masih dikuasai dan dimiliki oleh pihak lain. Penelitian ini bertujuan untuk mengetahui pertimbangan hakim dalam memutuskan dan menyatakan putusan atas sengketa hak atas objek tanah bangunan yang telah dibeli namun tidak dapat dikuasai dan dimiliki, serta akibat hukum setelah putusan atas sengketa hak atas objek tanah bangunan yang telah dibeli namun tidak dapat dikuasai dan dimiliki yang ditetapkan oleh hakim. Metode penelitian ini melalui pendekatan yuridis normatif karena meneliti aspek-aspek hukum dan kaidah hukum dengan bahan kepustakaan. Spesifikasi penelitian menggunakan hukum deskriptif analisis, dengan pendekatan kasus. Hasil penelitian menunjukkan bahwa proses jual beli tanah oleh tergugat terbanding dengan pembanding terjadi masalah, padahal proses jual beli telah sesuai dan dituangkan dalam Akta Jual Beli nomor 607 Kaliwungu 2006. The object of discussion in this study is decision number 414Pdt2020PT SMG which decides cases of land tenure disputes caused by the fact that they are still controlled and owned by other parties. This study aims to find out the considerations of judges in deciding and pronouncing decisions on disputes over rights to building land objects that have been purchased but cannot be controlled and owned, as well as the legal consequences after the decision on disputes over rights to building land objects that have been purchased but cannot be controlled and owned. determined by the judge. This research method uses a normative juridical approach because it examines legal aspects and legal principles using library materials. The research specification uses descriptive analysis law, with a case approach. The results showed that the process of buying and selling land by the defendant compared to the comparator had problems, even though the buying and selling process was in accordance and set forth in the Deed of Sale and Purchase number 607 Kaliwungu 2006
Transparent and predictable labour conditions in European Union: Legal and comparative study
Get PDFThe article aims to evaluate the current innovations in Ukraine’s labor legislation for compliance with main legal acts that provide for transparent and predictable working conditions in the European Union. This article attempts to identify problems and shortcomings of the normative work of state bodies in this area and elaborate on the amendments to particular domestic legislative acts. The article analyzed the labor framework of the European Union and distinguished such shortcomings in the domestic legislation as the unclear definition of employee status, vague duration of probationary periods, undefined criteria for refusal and compensation for employees to refuse on-demand work, unresolved issue of minimum working hours, etc. The developed recommendations for amending legal acts of Ukraine make it possible to address the mentioned issues and receive timely and complete information about significant aspects of the work of Ukrainian employees
Tinjauan Yuridis terhadap Putusan Niet Ontvankelijke Verklaard dalam Perkara Gugatan Kurang Pihak
Get PDFLawsuit is a letter submitted by the plaintiff against the defendant to the District Court which contains a claim for rights which contains a dispute and forms the basis for examining a case and proving the truth of a right. This legal research aims to find out and analyze civil cases that were sued through the District Court, how to fulfill the requirements in making a lawsuit so that it was not rejected by the Panel of Judges and the reasons that resulted in a lawsuit from the plaintiff in the case decision case Number. 361/Pdt.G/2017/PN JKT PST Niet Ontvankelijke Verklaard. The method used in this research is normative juridical research where the author collects data in the form of basic legal materials and additional legal materials. In this journal research, it can be concluded that a lawsuit submitted to the Court must meet the formal requirements as stipulated in Article 118 HIR, the plaintiff must also be more careful and careful in making a claim based on existing legal facts so that it can produce a positive judge's decision with a sense of justice for each party to the litigation.Â