scholarly journals Preservation of Rammang-Rammang biodiversity: questioning legal certainty of local community

2021 ◽  
Vol 886 (1) ◽  
pp. 012024
Author(s):  
Maskun ◽  
Nurul Habaib Al Mukarramah ◽  
Siti Nurhaliza Bachril ◽  
Hasbi Assidiq
Keyword(s):  
Local Community ◽  
Legal Protection ◽  
Local Area ◽  
Community Empowerment ◽  
Karst Area ◽  
Legal Certainty ◽  
Literature Study ◽  
Local Resources ◽  
The Right

Abstract Since the plan of marble mining activity initiated which potentially exploiting the Rammang-Rammang karst and its contained biodiversity, the Salenrang local community draws an act of rejection and initiates to protect its local area through establishing Rammang- Rammang karst as a tourism object. After such an area became the main tourist destination, the district government began trying to be the dominating actor on the management of the area by planning to withdraw retribution which draws attention since such policy does not involve the local community participation as the main actor of the tourism site. This article aims to encourage the implementation of legal certainty for local communities as the main actor for community-based tourism (CBT) that will be given right to manage its own local resources which based from the participatory rights guaranteed in Law No. 32 Year 2009, to fulfill the right to live and to get benefit from its natural resources guaranteed in the constitution of Indonesia. This research utilizes normative legal research by obtaining data from literature study and case study from Rammang-Rammang karst area and its local community. The result shows that there is an absence of legal protection on the recognition of Salenrang local community as the primary manager of the Rammang-Rammang karst area which is essential to be enforced in order to implement the effort of community empowerment for sustainable tourism.

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 823
Author(s):  
Rian Dwi Anggoro ◽  
Umar Ma'ruf
Keyword(s):  
Home Ownership ◽  
Legal Protection ◽  
Mortgage Loan ◽  
Power Of Attorney ◽  
Loan Repayment ◽  
Survey Results ◽  
Legal Position ◽  
Branch Office ◽  
The Right

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

scholarly journals Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Literature Study ◽  
Apprenticeship Program ◽  
Main Components ◽  
The Right ◽  
Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

scholarly journals LEGAL PROTECTION TO INDIVIDUAL RIGHTS IN LAND PROCUREMENT FOR PUBLIC INTEREST

2017 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Aartje Tehupeiory
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Great Power ◽  
Legal Certainty ◽  
Fair Treatment ◽  
Approach Method ◽  
Control Authority ◽  
The Right ◽  
Land Control

In principle land procurement is done by a method that between the party requiring land and the right owner of land, whose land is required for public interest, under the principle applicable on land control and legal protection provided by the national law on land to the right to the land holders. In the legislation setting forth the land procurement for public interest a fair treatment is given to individual right so the legal protection and certainty for individuals in land procurement can be achieved. However, in the implementation the empirical cases get insufficient protection and fair treatment. There is no balance, equitability and harmony between the state’s right to control and protection to individual’s property right. On one side, the development for public interest is in an urgent need of sufficient lands, but on the other side individuals also need land for their life continuity. If by reason of development, the land is forcefully confiscated, it means ignoring the protection to individual right on land. Consequently, individuals and community get inadequate justice and protection, legal certainty. This writing is intended to analyze the role of legal protection to individual right in land procurement for public interest. By applying the statute approach method, the state’s role in providing legal protection to its citizens can be learnt. In conclusion there is lack of protection and respect to individual right and community provided on proportional basis because the delegation of state’s land control authority gives impression of extremely wide and great power.

scholarly journals Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

2019 ◽  
Vol 6 (4) ◽  
pp. 546
Author(s):  
Nor Hazrina ◽  
Yulfasni Yulfasni ◽  
Delfianti Delfianti
Keyword(s):  
Consumer Protection ◽  
Banking Sector ◽  
Service Providers ◽  
Legal Protection ◽  
Primary Data ◽  
Literature Study ◽  
Banking Services ◽  
Consumer Protection Act ◽  
Automatic Teller Machine ◽  
The Right

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals ANALISIS PELAKSANAAN KEBIJAKAN KOTA LAYAK ANAK (STUDI KASUS PELAKSANAAN PROGRAM RUANG BERMAIN RAMAH ANAK DI RUANG TERBUKA HIJAU KACANG MAYANG KOTA PEKANBARU)

2021 ◽  
Vol 3 (1) ◽  
pp. 72-83
Author(s):  
Pivit Septiary Chandra ◽  
Sonia Sischa Eka Putri
Keyword(s):  
Open Space ◽  
Descriptive Analysis ◽  
Literature Study ◽  
Open Spaces ◽  
Research Procedure ◽  
Child Friendly ◽  
Data Collection Technique ◽  
The Right ◽  
City Policy

As a form of Child Friendly City policy, the Child Friendly Playroom (RBRA) program is realized. Pekanbaru's achievement as a city that provides certified child-friendly play spaces is a manifestation of its initial commitment to building and giving children the right to develop and develop children in its playground located at RTH Kacang Mayang, Pekanbaru City. This study aims to see the implementation of child-friendly city policies in the Kacang Mayang Green Open Space, Pekanbaru City. This type of research is qualitative with descriptive analysis. Qualitative research is a research procedure that produces descriptive data in the form of written or spoken words from people and observed behavior from the phenomena that occur. This study examines the facts of the implementation of the Child Friendly Playroom Program in Pekanbaru City. The data collection technique in this research uses literature study by collecting data and documents from various references that will be used as references. The results of this study are that the implementation of child-friendly city policies (a case study of the implementation of the Child Friendly Playroom Program in the Kacang Mayang Green Open Space in Pekanbaru City) has gone well. This is shown by the availability of adequate facilities, infrastructure and facilities to become child-friendly green open spaces. Received a good assessment and determined that Pekanbaru's Kacang Mayang Green Open Space was suitable for children, proving the government's commitment to realizing a child-friendly city through the provision of child-friendly green open spaces. In implementing child-friendly city policies, there are several factors that influence, namely: completeness of the facilities; Accessibility; Safety and comfort; Government commitment.

scholarly journals LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Study Approach ◽  
Credit Agreement ◽  
Wheeled Vehicles ◽  
Legal Consequences

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

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