THE IMPORTANCE OF LAND REGISTRATION TO SUPPORT SUCCESSFUL ENVIRONMENTAL MANAGEMENT

Land registration provides legal certainty and protection to holders of land rights. In its implementation it does not always go well, so that what is the goal can not be achieved. A person or legal entity cannot prove that he is the legal owner of a parcel of land. This can lead to land conflicts. Land conflicts can cause overlapping land tenure and overlapping land permits which often results in environmental damage. This research uses a normative juridical approach. Normative juridical research is research focused on examining the application of rules or norms in positive law. The research objective is to find out what ways can be done so that through land registration activities can support the success of environmental management. The results of the study explained that land registration activities through systematic land registration acceleration resulted in land certification for plots of land that had met the requirements, and could strengthen the one map policy database, so that administrative order could be achieved. It also makes land use plans to support the achievement of national development goals and the greatest prosperity of the people, so as to realize environmental sustainability.

Download Full-text

PENERAPAN ENVIRONMENTAL MANAGEMENT ACCOUNTING PADA KANTOR DINAS PEMERINTAHAAN WILAYAH JAWA TIMUR

Sosial & Humaniora ◽

10.24123/jsh.v5i2.689 ◽

2018 ◽

Vol 5 (2) ◽

pp. 117

Author(s):

Dianne Frisko ◽

Desi Arisandi

Keyword(s):

Environmental Management ◽

Public Service ◽

Environmental Sustainability ◽

Cost Efficiency ◽

Management Accounting ◽

Environmental Damage ◽

Environmental Management Accounting ◽

Cost Inefficiency ◽

Government Institution ◽

Main Material

Induztrialization edge and economic growth bring some consequences to the society, such as pollution or environmental damage. The responsibility is not only lies in business sector but also contributed by society and public sector-government institution as their daily operational produce some waste material. One ofmaterial use in such organization daily activities is paper. Unproper use of paper will impact on cost inefficiency, as well as environmental damage due to the main material of producing paper taken from forest.Government as public service organization mostly deals with paper in their daily administrative business. While the othersites it also encouraged to put priority on budget efficiency included in paper consumption. This study aims to describe in what extend government efficiency initiative align in it environmental concerned. Specifically this study will explore the use of paper as one of most daily resource in government office using environmental management accounting (EMA)framework. The results convey that notion on some regulation pertaining with budget efficiency in Indonesia has similarity with the spirit and the benefit provided in term of EMA application. By implementing EMA properly, government may get information on cost efficiency along with environmental sustainability.

Download Full-text

Addressing the Problems of Land Registration Processes in Complex Land Tenure Systems Using Computational Techniques: Evidence from Accra Ghana

Journal of Planning and Land Management ◽

10.36005/jplm.v1i1.9 ◽

2019 ◽

Vol 1 (1) ◽

pp. 31-57

Author(s):

Williams Miller Appau ◽

Baslyd B. Nara ◽

Javier G. Morales

Keyword(s):

Land Tenure ◽

Design Method ◽

Systems Design ◽

Computational Techniques ◽

Structured Interviews ◽

Land Registration ◽

Study Approach ◽

The People ◽

Definition Of ◽

Land Tenure Systems

Land registration processes have been described to be simplistic in simple land tenure environments where land rights are treasured and registered by the state on behalf of the people. Duplication of tasks, repeated preparation of land registration documents, and wrong definition of tasks affect the activities and processes of land registration characterising complex land tenure environments. Many qualitative land registration models such as the use of Unified Modified Language (UML) diagrams have been developed to show the frameworks of land registration processes in most parts of the world. However, most researches avoid the technical implementation of these models. This paper presents the quantitative approaches to addressing the problems of land registration processes in complex land tenure systems using computational techniques such as Process Maker and Java Script. The paper used case study approach to collect data and systems design method for the output. Semi-structured interviews were used to collect data from the Lands Commission of Accra and its stakeholders. Process maker software was operationalised using GeoJSON parcel file. Results show that, the simplification of land registration processes is based on the rationale behind the change (Data error, improved capacity, service quality), and the semantics (process re-engineering) involved in the computation of the modelling processes. The outcome has the ability to simplify an otherwise complex tenure system by avoiding delays and therefore improving the land registration processes.

Download Full-text

“Under The Hand” Divorce Islamic Law Study of the Implementation of Divorce

Journal of Social Science Studies ◽

10.5296/jsss.v4i1.9674 ◽

2016 ◽

Vol 4 (1) ◽

pp. 22

Author(s):

Oom Mukarromah ◽

Entus Syamsurrizal

Keyword(s):

Death Certificate ◽

Islamic Law ◽

Trial Court ◽

Government Regulations ◽

Divorce Law ◽

Marriage And Divorce ◽

Positive Law ◽

Social Fact ◽

The People ◽

The One

Islamic Law regulates marriage and divorce sufficiently; Islamic jurists argue that if someone sentences the word talak and its kind to his wife then the talak is considered as valid. Meanwhile, positive law states that “Talak is a declaration of a husband performed in front of court session in Religious Court which becomes one of the reasons of divorce”. The fact shows that the people of Carenang, Serang, tend to refer on the Islamic law of divorce, not the one declared before the trial court. This matter engenders the illegal aspect of law, such as issuing a false death certificate to the former spouse. In order to elucidate the problem, the author proposes two main questions: (1) How is the concept of “under the hand” divorce based on fiqih and positive law?; (2) How is the Islamic Law review on the Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975? This study is conducted in normative jurisdiction and sociological jurisdiction which is comparatively descriptive analytic. This study is also conducted through mashlahah mursalah approach and Bentham utility principle. The results of the study show that; first, “under the hand” divorce performed by Carenang’s people is considered valid through the eye of Islamic Law, while it is invalid based on Positive Law due to the absence of the pledge before the trial court. Second, the behavior of “under the hand” divorce in Carenang has become a social fact and is included in Al-Maslahah al-Daruriyah category. The enactment of divorce law regulated by Article 39 Point 1 Law No. 1 of 1974 about Marriage and Article 34 of Government Regulations No. 9 of 1975 is covered in the Al-Maslahah al-Hajiyah category.

Download Full-text

REDISTRIBUTION OF REFORMA AGRARIA LAND OBJECT (TORA) IN SULAWESI TENGGARA PROVINCE, INDONESIA

Science Heritage Journal ◽

10.26480/gws.01.2020.31.34 ◽

2020 ◽

Vol 4 (1) ◽

pp. 31-34

Author(s):

Rizma Aldillah

Keyword(s):

Central Government ◽

National Development ◽

Animal Husbandry ◽

Development Planning ◽

Regional Government ◽

Department Of Agriculture ◽

Land Conflicts ◽

Planning Agency ◽

The People ◽

True Purpose

The imbalance between the land supply and the need for land, has caused many problems, sometimes the problem is very difficult to find a solution. With the redistribution of the TORA program in the Southeast Sulawesi province, it helped to slow down the problem slowly. Problems that often occur in the TORA program are generally narrow and unequal land ownership, land conflicts, legal inconsistencies, and damage to natural resources. To that end, the implementation of landreform activities in support of the TORA program in Southeast Sulawesi Province is a synergy of programs from the Central Government which is coordinated with the local Regional Government, in this case the Forestry Service, Forest Area Strengthening Agency, National Land Agency, Regional Development Planning Agency, Cipta Karya Construction and Design, Department of Agriculture and Animal Husbandry in the Southern Province. So that the true purpose of the Agrarian Reform is to restructure the structure of ownership, use and utilization of agrarian resources, especially land by the state as the basis of national development to realize a more equitable agrarian structure for all Indonesian people, in this case the people of Southeast Sulawesi Province.

Download Full-text

POLITIK HUKUM LINGKUNGAN HIDUP DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v9no2.592 ◽

2016 ◽

Vol 9 (2) ◽

Author(s):

Dani Amran Hakim

Keyword(s):

Environmental Management ◽

Law Enforcement ◽

Environmental Pollution ◽

Legal System ◽

Deterrent Effect ◽

Environmental Damage ◽

Law Enforcement Agencies ◽

Environmentally Sustainable ◽

The People ◽

The Law

The legal political environment in Indonesia in terms of protection, management and control of environmental pollution in Indonesia and to investigate the implementation of environmental pollution control and law enforcement in Indonesia. the results of the study stated that the renewal law of Environmental management is influenced by a variety of development changes occurring in society, such as the influence of the era of democratization, industrialization, advancement of science and technology and the rise of the welfare demands of various parties. Political aspects contained in the politics of Law Number 32 of 2009 on the protection and management of the environment has not been run in accordance with the legal political objective, because there are natural resources that can not be utilized for the prosperity and welfare of the people. It is also still a lot of water pollution, air pollution, deforestation and other actions of the parties who damage the environment. It is necessary to implement environmental management to preserve the environment and develop skills which are harmonious, consistent and balanced in order to support the implementation of the development of environmentally sustainable. Law enforcement agencies in understanding the perceived environmental legal system are still experiencing difficulties. Lack of understanding of the law enforcement officers will cause rules is formed in one unified national legal system will deviate from the direction of the political objectives of the law. The need for clear law enforcement for the doer / destroyer of the environment in order to create a deterrent effect and between 3 penalties (criminal, civil and administrative) is not overlapping. Law enforcement difficult because of the difficulty of proving and determining the standard criteria of environmental damage. Keywords: Legal Politic, Environment, The Act Number 32 years 2009 on The Protection and Environmental Management

Download Full-text

Penyelesaian Konflik Penguasaan Tanah HGU dengan Masyarakat di Bengkulu Utara

Marcapada: Jurnal Kebijakan Pertanahan ◽

10.31292/jm.v1i1.2 ◽

2021 ◽

Vol 1 (1) ◽

pp. 29-41

Author(s):

Rosi Pramula Anggriawan ◽

Sutaryono Sutaryono ◽

M. Nazir Salim

Keyword(s):

Land Tenure ◽

Government Agency ◽

The Other ◽

Positive Contribution ◽

Community Members ◽

Collection Method ◽

Land Conflicts ◽

Sense Of Security ◽

The One

The increasing number of land conflicts, particularly over HGU (Hak Guna Usaha/Right to Cultivate) land, has far-reaching implications for the community. On the one hand, the community requires land, while on the other, the company seeks to defend what they consider are their rights. Because this argument attracts others, it is necessary for a government agency to act as a referee or facilitator to resolve the resulting conflict. The purpose of this study was to identify the factors that contribute to land tenure conflicts between the community and three companies that own HGU, as well as to explain the role of the Ministry of ATR/BPN in resolving those conflicts. The data collection method used in this study was a qualitative one presented in a descriptive manner, followed by a comparative/comparative analysis of the cases. The results suggested that the conflict arose because community members were inneed of land reclaimed on HGU land, while HGU holders made a little positive contribution to the residents surrounding the plantation. With regards to this situation, the Ministry of ATR/BPN attempted to resolve it through relatively effective methods, namely acting as a mediator and negotiator, delaying the HGU extension process, and eventually distributing some of it to the community. The partial efforts made thus far have been relatively effective and provide a sense of security for the landowners.

Download Full-text

Land Tenure of Small Islands and Coastal Areas in Economic and Defense Aspects

Prizren Social Science Journal ◽

10.32936/pssj.v5i2.220 ◽

2021 ◽

Vol 5 (2) ◽

pp. 46-55

Author(s):

I Made Pria DHARSANA ◽

Indrasari KRESNADJAJA ◽

I Gusti Agung Jordika PRAMANDITYA

Keyword(s):

Land Tenure ◽

Coastal Areas ◽

Small Islands ◽

National Defense ◽

Way Of Life ◽

The People ◽

Remote Island ◽

Customary Land ◽

The Stability ◽

The One

The question of the purpose of statehood hovers again to collect the pledges of the development actors. The goal to become a nation-state that provides a place and humane and proper way of life is still harassing residents of coastal areas and small islands as part of the natural resources bestowed by The One Almighty God to the Indonesian people. Coastal areas and outer small islands are national assets controlled by the state and need to be preserved and utilized as much as possible for the prosperity of the people, both for present and future generations and for the interests of defense and security. related to the threat of remote island tenure which by certain elements were transferred to the land tenure rights that should belong to the village customary land, but there was a process of transferring rights which were then held by foreigners with the argument related to economic issues that were less supportive in the area by nominee or by road rent that threatens the stability of national defense.

Download Full-text

Lingkungan Hidup Di Desa Pakraman Penglipuran: Kajian Teologi Hindu

Jurnal Penelitian Agama Hindu ◽

10.25078/jpah.v3i1.818 ◽

2019 ◽

Vol 3 (1) ◽

pp. 65

Author(s):

I Gede Januariawan

Keyword(s):

Environmental Management ◽

Environmental Sustainability ◽

Management System ◽

Agricultural Sector ◽

Environmental Management System ◽

Customary Law ◽

Traditional Values ◽

The People ◽

Environmental Concepts ◽

Modern Era

The village community still holds to the tradition in the midst of the current globalization. People still hold on to local wisdom inherited from generation to generation. This is also done by the community in preserving the environment. The people of Penglipuran Pakraman Village adheres to Hinduism so that Hindu theology influence is certainly very strong. Based on this background, it is investigated more deeply about the environmental concepts based on Hindu theology, the implementation of environmental management system based on Hindu Theology, and the environmental sustainability implications in Penglipuran Pakraman village in socio cultural and religious. To discuss the problem is used several theories they are: Hermeneutics Theory, Symbol Theory, Functionalism Structural Theory.The results of the research are: There are local Theological concepts in Pakraman Penglipuran village which are deeply in harmony with Hindu Theology establishing the confidence of the people to guard the preservation of the environment such as the worship of Ratu Sakti Empu Naluah.This is in accordance with the Vedic teachings that strongly prohibit forest destruction. Pakraman Penglipuran village include: Environmental management system in PenglipuranPakraman Village is really simple but all the system works properly. The rules are clear and the enforcement is also firm so that the community is very obedient to the customary law.The implementation of the Hindu Theology concept is also manifested in religious rituals. The implications of environmental sustainability for the rural life of Pakraman PenglipuranVillage include the socio-cultural and religious implications. Socially Pakraman Penglipuran Village as a tourist destination brings implications to the economy of the community. The income of the population increases because they no longer rely solely on livelihoods in the agricultural sector.The findings of this study (1) the strategy of the Penglipuran community to take a middle way between maintaining traditional values in managing the environment and adapting to the progress of modern era by deviding the living space into two, the front maintaining traditional values while the back part follows the modern era (2) The strength of the community maintains traditional values in managing the environment because of the theological that had been internalized in each individual in the community, (3) Penglipuran became village model that perfomed well environmental management.

Download Full-text

THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA

Bengkoelen Justice : Jurnal Ilmu Hukum ◽

10.33369/j_bengkoelenjust.v9i2.9977 ◽

2020 ◽

Vol 9 (2) ◽

pp. 162-171

Author(s):

Sandra Megayanti ◽

Candra Irawan ◽

Emelia Kontesa

Keyword(s):

Government Regulation ◽

Retail Industry ◽

Traditional Markets ◽

Trade Law ◽

Positive Law ◽

The People ◽

Unfair Competition Law ◽

The Law ◽

The One ◽

Medium Businesses

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

Download Full-text

The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

Randwick International of Social Science Journal ◽

10.47175/rissj.v2i2.224 ◽

2021 ◽

Vol 2 (2) ◽

pp. 141-148

Author(s):

Alpi Sahari

Keyword(s):

Land Tenure ◽

Legal Pluralism ◽

Customary Law ◽

Public Welfare ◽

Land Law ◽

Economic Democracy ◽

National Interests ◽

Positive Law ◽

The Government ◽

The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

Download Full-text