5 research outputs found
Juridical Policy and The Consequence of Revoking Public Official’s Deed as Perfect Evidence (A Study in Justice, Usefulness, and Legal Triadism Based-Legal Certainty of Authentic Deeds)
No full textRevoking a deed which is based on the court verdict will cause legal consequence on the persons appearing and the Notary who makes the deeds. In the case like this, the Notary can be convicted (found guilty) because there is a legal offense even though the Notary only embodies what has been said by the persons appearing who make the contract in the deed (constantir). It means that in the frame of legal protection, a Notary cannot actually be blamed or convicted since he is only the person who makes the deed according to his job. The real information is actually found in the hands of the parties appearing who make the contract.
The objective of the research is to explore and analyzed the legal criteria of an authentic notarial deed which can be revoked by the court’s decision, to criticize and analyze the regulation on the implementation of the consequence of revolking a public officials authentic deed through the court’s verdict which is final and conclusive, and to understand and analyze the implementation of a legal concept in providing protection and justice for the parties on the revocation of public official’s authentic deed, based on the Supreme Court Decision No. 3703.K/PDT/2016. This research method uses the post-positivism paradigm with critical realism ontology, a normative juridical approach method, strengthened by a qualitative method as data analysis with a descriptive analytical research method. In the theoretical basis of this dissertation uses the theory of position and notarial position, the theory of responsibility, and the theory of legal protection.
The result of the research suggests that in revoking an authentic deed, there is a conflict in the value of justice, usefulness, and legal certainty : Article 66 of UUJN (Notarial Act) and the Constitutional Court Ruling indicate that there is a tension between the rights of a Notary as a public official and the rights of the persons appearing who rely on the authentic deed as legal evidence. The research conclusion is that an authentic deed is a document which is made by or before an authentic official, in this case, a Notary and has a perfect legal. Evidence. Article 51 of UUJN states that the consequence of violating done by a Notary will cause the deed to be a probative value as an underhanded deed or it will be legally null and void, and it can be the reason for the aggrieved party to claim reimbursement, compensation, and interest to the Notary, and the Notary cannot be summoned in the process of inquiry and investigation or public prosecution. It is recommended that the government and the House of Representative do rule breaking of Law No.2/2014 to be adjusted to the related laws in order avoid disharmony or contradiction in the UUJN or related regulations, and the MKNW should be able to explore, criticize, and understand, or to learn and understand the related regulations. The should understand the regulations thoroughly, be able to give criticism, and know the legal solution in implementation the values of triadism law306 pageDisertasi Dokto
Perencanaan Skenario Pengembangan Obyek Ekowisata Andalan Dalam Upaya Meningkatkan Pendapatan Asli Daerah Di Kabupaten Berau
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Scenario Planning for the Development of Maritime Eco-tourism Object
No full textThe regional income of the Berau Regency has been depending on the mining sector for last five years. Unfortunately, both the value and quality of the mining sector are continuously declining. These conditions threaten the economic sustainability of the Berau Regency. The eco-tourism sector, if developed by proper management especially in terms planning, may be the best way to accommodate those threats. Scenario Planning is one of suitable planning approaches that are much more capable to accommodate the complexity and the uncertainty in comparison to the conventional approach. Scenario Planning is seldom used in Indonesia, especially in tourism planning. Scenario Planning in this research paper is using the TAID method that includes tracking, analyzing, imaging and deciding. Data were collected by interviews, secondary data and observation in order to fulfill tracking step. The output of tracking step will be analyzed by cross-impact analysis in order to build scenarios in analyzing step. The output of analyzing step is used to make a vision and formulate the strategies. This paper offers four alternatives of strategies, which are Dissemination, Optimization, Strengthening and Reform. This paper also provides descriptions of the conditions of the Derawan Islands District in the next 10 years through the lenses of different perspectives of planning approach. This can be used as one of the considerations for the government to develop eco-tourism in the Derawan Islands District
Indications of Discrimination in Regional Regulation Against Migrants in Bali (Bali Regulation Number 4 of 2019)
Get PDFThis study aims to find out the background of the formation of Peraturan Daerah (Regional Regulation – Regional Regulation) Number 4 of 2019. The researcher found that there is an effort by the Bali provincial government to provide a legal umbrella to the Customary Village in regulating its citizens and forming awig-awig or village rules respectively as a customary village. But the migrants in Bali who are mostly Muslims in Bali feel this is a form of discrimination. To analyze this problem the author uses qualitative research. Primary data sources are from the Bali Provincial Legal Bureau, from the Village Development Office, Traditional Village administrators, and migrants in Bali. Meanwhile, migrants on the island of Bali, the majority of whom are Muslims, feel that the Adat Village regulation as the embodiment of Regional Regulation Number 4  of 2019 is a discriminatory regional regulation because it provides a legal umbrella for the implementation of fees/collections carried out by Adat Villages in Bali. There is also competition or competition such as in the economic field, migrants or tamiu who live in Bali to try their luck and make a living are considered obstacles for residents. The 2011 bombing incident was also the peak of the conflict because the perpetrators were migrants/tamiu in Bali. This research finds that the relationship between Islam and Hinduism in Bali appears to be harmonious, but in fact it is shrouded in several hidden conflicts called Pragmatic Tolerance. The contribution of this research is expected to benefit the meaning of religious moderation in the scheme of real religious tolerance in Indonesia
Scenario Planning for the Development of Maritime Eco-tourism Object
No full textAbstract. The regional income of the Berau Regency has been depending on the mining sector for last five years. Unfortunately, both the value and quality of the mining sector are continuously declining. These conditions threaten the economic sustainability of the Berau Regency. The eco-tourism sector, if developed by proper management especially in terms planning, may be the best way to accommodate those threats. Scenario Planning is one of suitable planning approaches that are much more capable to accommodate the complexity and the uncertainty in comparison to the conventional approach. Scenario Planning is seldom used in Indonesia, especially in tourism planning. Scenario Planning in this research paper is using the TAID method that includes tracking, analyzing, imaging and deciding. Data were collected by interviews, secondary data and observation in order to fulfill tracking step. The output of tracking step will be analyzed by cross-impact analysis in order to build scenarios in analyzing step. The output of analyzing step is used to make a vision and formulate the strategies. This paper offers four alternatives of strategies, which are Dissemination, Optimization, Strengthening and Reform. This paper also provides descriptions of the conditions of the Derawan Islands District in the next 10 years through the lenses of different perspectives of planning approach. This can be used as one of the considerations for the government to develop eco-tourism in the Derawan Islands District.Keywords: eco-tourism, scenario planning, taid methodAbstrak. Pendapatan regional Kabupaten Berau bergantung pada sektor tambang pada lima tahun terakhir. Faktanya, Kualitas dan Nilai batubara terus menurun. Kondisi ini menjadi ancaman tersendiri terhadap keberlanjutan perekonomian di Kabupaten Berau. Pada tulisan ini disebutkan bahwa pengembangan ekowisata melalui manajemen yang tepat khususnya pada level perencanaan merupakan upaya yang bijak untuk menjawab ancaman tersebut. Perencanaan Skenario merupakan salah satu pendekatan yang relevan pada kasus ini, karena lebih mampu mengakomodir tingginya kompleksitas dan ketidakpastian ekowisata jika dibandingkan dengan pendekatan perencanaan konvensional lain seperti Perencanaan Strategis. Penggunaan Perencanaan Skenario dalam perencanaan pariwisata di Indonesia terbilang langka. Perencanaan Skenario pada tulisan ini menggunakan metode TAID yaitu tracking, analyzing, imaging dan deciding. Data pada tulisan ini dikumpulkan melalui wawancara, data sekunder dan observasi untuk memenuhi tahapan tracking. Keluaran tahapan tracking dianalisis menggunakan cross-impact untuk membangun skenario di tahapan analysing. Keluaran tahapan analysing menjadi input perumusan visi dan strategi pada tahap imaging dan deciding. Tulisan ini menawarkan empat alternatif strategi pengembangan ekowisata, yaitu Diseminasi, Optimalisasi, Penguatan dan Reformasi serta menggambarkan kondisi kepariwisataan Kecamatan Kepulauan Derawan satu dekade kedepan melalui sudut pandang pendekatan perencanaan berbeda. Hal ini dapat menjadi konsiderans pemerintah dalam mengembangkan ekowisata di Kecamatan Kepulauan Derawan.Kata kunci: ekowisata, metode taid, perencanaan skenario 
