scholarly journals Pewarisan Hak Atas Tanah dalam Perkawinan Antar Negara

2021 ◽  
Vol 15 (2) ◽  
pp. 31-46
Author(s):  
Taufika Hidayati ◽  
Yusuf Hanafi Pasaribu
Keyword(s):  
Property Rights ◽  
Research Methods ◽  
Legal Status ◽  
Scientific Discipline ◽  
Legal Research ◽  
Dual Citizenship ◽  
The Government ◽  
Land Inheritance ◽  
Inter State ◽  
Laws And Regulations

The phenomenon of inter-state marriage in Indonesia has an influence on legal actions in it, especially the issue of children born and having dual citizenship after Law Number 12 of 2006 concerning Citizenship was passed by the Government. This study aims to measure the extent to which children born from these marriages get inheritance rights with underage positions. In addition, what is the legal status based on Law Number 1 of 1974 concerning Marriage and Law Number 5 of 1960 concerning Land regarding the position of land inheritance rights. This study uses an empirical normative method, which combines legal research methods that not only view law as a prescriptive (determining) and applied scientific discipline, but also descriptive (explaining) based on the reality of legal developments in society. The results of this study indicate that children born from inter-state marriages who have dual citizenship and are still minors are entitled to land inheritance rights in the form of property rights provided that the child must choose Indonesian citizenship at the age of 18 (eighteen) years based on the laws and regulations. valid invitation.Fenomena perkawinan antar negara di Indonesia memberi pengaruh dalam perbuatan hukum di dalamnya, terutama persoalan anak yang lahir dan memiliki kewarganegaraan ganda setelah Undang-undang Nomor 12 Tahun 2006 tentang Kewarganegaraan disahkan oleh Pemerintah. Penelitian ini bertujuan untuk mengukur sejauh mana anak yang dilahirkan dari perkawinan tersebut mendapat­kan hak waris dengan kedudukan masih di bawah umur. Selain itu bagaimana status hukumnya berdasarkan Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan dan Undang-undang Nomor 5 Tahun 1960 tentang Pertanahan terhadap kedudukan hak waris tanah. Penelitian ini menggunakan metode normatif empiris, yaitu melakukan penggabungan metode penelitian hukum yang tidak hanya memandang hukum sebagai disiplin ilmu yang bersifat preskriftif (menentukan) dan terapan, namun sekaligus bersifat deskriptif (memaparkan) yang didasarkan pada kenyataan perkembangan hukum di masyarakat. Hasil penelitian ini memberikan petunjuk bahwa anak yang dilahir­kan dari perkawinan antar negara yang berkewarganegaraan ganda dan masih di bawah umur berhak atas hak waris tanah berupa hak milik dengan ketentuan anak tersebut harus memilih kewarganegaraan Indonesia pada saat usianya 18 (delapan belas) tahun berdasarkan peraturan perundang-undangan yang berlaku. 

scholarly journals Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin

2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Soil Surface ◽  
Underground Water ◽  
Legal Research ◽  
Groundwater Exploitation ◽  
Secondary Sources ◽  
The Government ◽  
Legal Consequences

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).

scholarly journals Tinjauan Yuridis Terhadap Efektivitas Pelaksanaan Fungsi Bhayangkara Pembina Keamanan Dan Ketertiban Masyaratakat (Bhabinkamtibmas) Dalam Wilayah Hukum Kepolisian Daerah Kepulauan Riau

2020 ◽  
Vol 5 (2) ◽  
pp. 29-45
Author(s):  
Chintya Cen ◽  
Keyword(s):  
Research Methods ◽  
Community Policing ◽  
Random Sampling ◽  
Primary Data ◽  
Research Report ◽  
Legal Research ◽  
Community Environment ◽  
Community Behavior ◽  
National Police ◽  
Laws And Regulations

The Community Security and Order is the bearer of community policing in villages. Community Security and Order has objective to carry out preventive functions by directly partnering with the locals, therefore being the tip of the spear of state police in realizing community behavior in line with certain norms to create, maintain and uphold a peaceful, safe and beneficial community environment. The purpose of this study was to determine the effectiveness of Community Security and Order in implementing its functions in Riau Islands Regional Police jurisdiction as regulated in Head of the Indonesian National Police Regulation Number 3 of 2015 about community policing, and Head of the Indonesian National Police Decree Number: KEP/773NII/2016. The effectiveness of Community Security and Order in implementing its duties was reviewed based on the theory of legal effectiveness that coined by Prof. Dr. Soerjono Soekanto. This research was conducted using empirical legal research methods. The author uses primary data obtained from interviews, random sampling of data regarding Community Security and Order activity in Riau Islands Regional Police and activity of Community Security and Order members in each Resort Police within the jurisdiction of Riau Islands Regional Police, as well as conducting observation with a member of Community Security and Order in one of the villages of Batam. Based on the gathered data, the author then processed and compiled it into a comprehensive research report. Research concluded that the implementation of Community Security and Order functions in Riau Islands Regional Police jurisdiction have already been carried in accordance to laws and regulations that is currently in effect. The presence of Community Security and Order helped in shaping community customs to remain positive and maintain a conducive, safe and peaceful environment. However, in overall perspective the implementation of Community Security and Order purposes are not yet fully effective caused by unavailability of specific regulations dictating the functions of Community Security and Order, lack of personnel, as well as limitations in facilitator needs.

scholarly journals Kebijakan Online Single Submission sebagai E-Government dalam Mewujudkan Good Governance di Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 71
Author(s):  
Rahmi Ayunda ◽  
Nertivia Nertivia ◽  
Laode Agung Prastio ◽  
Octa Vila
Keyword(s):  
Information Technology ◽  
Research Methods ◽  
Industry 4.0 ◽  
Good Governance ◽  
Government Information ◽  
Legal Research ◽  
Reform Era ◽  
The Public ◽  
Science Technology ◽  
The Government

Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.

scholarly journals Legal Hermeneutics in the Preparation of a Case in the Province of Bali

2019 ◽  
Vol 3 (1) ◽  
pp. 33
Author(s):  
Astariyani . ◽  
Sudiarta . ◽  
Diah W.P.D.
Keyword(s):  
Research Methods ◽  
Research Question ◽  
Legal Research ◽  
Case Based ◽  
Laws And Regulations

The purpose of this study intends to examine the legal politics of the formation of laws and regulations, especially regional law products that are focused on the formation of a case based on legal research methods and hermeneutic approaches. The formation of Perkada, which is based on hermeneutics in the form of interpretation, requires carefulness so as not to cause problems in the form of conflict norms or fuzzy norms. Based on these objectives a research question was proposed as a guide in examining the above issues, namely: 1) Basic application of legal hermeneutics; and2) Form of application in the formation of Perkada in Bali Province. The final result expected from this research is to obtain information, understanding, and study in the framework of the preparation of the laws and regulations, especially the drafting of regional law products, namely in the Province of Bali.

scholarly journals Law, Violence, and Property Expropriation in Syria: Impediments to Restitution and Return

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 173 ◽  
Author(s):  
Emily Stubblefield ◽  
Sandra Joireman
Keyword(s):  
Civil War ◽  
Property Rights ◽  
Legal Status ◽  
Secondary Sources ◽  
Legal Documents ◽  
Law And Policy ◽  
The Government ◽  
Disproportionate Number ◽  
Property Restitution

After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these groups. We examine legal documents and secondary sources identifying government actions and their impact, noting the proliferation of laws that systematically erode the property rights of people who lack proximity, legal status, and regime allies. As the results of these laws manifest after the war, a disproportionate number of Syrians who opposed the government will find themselves without the houses, land, and property they held before the war began.

scholarly journals A Dream of Dual Citizenship

Genealogy ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 56
Author(s):  
Karen Bernadette Mclean Dade
Keyword(s):  
United States ◽  
Legal Status ◽  
The United States ◽  
Dual Citizenship ◽  
Family Stories ◽  
Cabo Verde ◽  
Language Class ◽  
The Government ◽  
The U.S

Many problems exist for United States (U.S.) descendants of Cabo Verde (In 2015, the government of Cabo Verde asked in the United Nations that the official name be Cabo Verde in all documents, opposed to the colonial version, “Cape Verde”) Islands seeking dual citizenship. Much of this is due to multiple 20th century racial discriminatory practices by the U.S. in soliciting cheap labor from Cabo Verde Islands, including changing the birth names of Cabo Verdean immigrants when they entered the United States. Without knowing the true birth names of their ancestors, descendants such as myself have no access to proof of birth in the dual citizenship process. Years often pass by as Cabo Verdean Americans search for clues that may lead to proving their legal status through family stories, and track related names as well as birth and death records. For many, dual citizenship may never be granted from the Cabo Verdean government, despite having U.S. death certificates that state that the family member was born in Cabo Verde. This autobiographical case study explores why so many Cabo Verdean Americans seek dual citizenship with a strong desire to connect to their motherland. Moreover, issues related to language, class and colorism discrimination between Cabo Verdean-born immigrants and descendants in the U.S. are explored. In so doing, the researcher hopes to ameliorate the divisions between the current government policies and Cabo Verdean American descendants, as well as build greater intracultural connections between those born in the Cabo Verde Islands and those born in the U.S. and elsewhere.

scholarly journals Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise

2021 ◽  
Vol 2 (3) ◽  
pp. 491-495
Author(s):  
I Gusti Ngurah Md Rama Andika ◽  
Ni Luh Made Mahendrawati ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Legal Research ◽  
Large Loss ◽  
Unilateral Termination ◽  
Laws And Regulations

In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.

scholarly journals Comparison of Authority of Village Government Before and After the Implementation of Law Number 6 of 2014 Concerning Village

2019 ◽  
pp. 1609-1613
Author(s):  
Raden Hamidi ◽  
Ahmad Yamin ◽  
Nyoman Nurjaya ◽  
Idrus Abdullah ◽  
Gatot Dwi Hendro W.
Keyword(s):  
Research Methods ◽  
City Government ◽  
Legal Research ◽  
Before And After ◽  
The Law ◽  
The Republic ◽  
Village Government ◽  
The Village ◽  
Government Authority ◽  
Laws And Regulations

The village, or what is called by another name, existed before Indonesian independence. Regulations regarding villages are regulated in several laws and regulations. The purpose of this research is to analyze and find a comparison of the authority of village administration before and after the implementation of Law no. 6 of 2014. Research methods, types of normative legal research, with philosophical approaches, statutory approaches, conceptual approaches, and historical approaches, using primary, secondary and tertiary legal materials. The obtained legal materials are processed and analyzed prescriptive normatively. In conclusion, the comparison of village government authority before the implementation of Law No. 6 of 2014 places the village authority in two roles, namely the authority to manage its own household, and the role as the lowest government under the sub-district head, and the uniformity of villages throughout the territory of the Republic of Indonesia, before the implementation of the Law No.6 of 2014, the authority of the village government remains with the district/city government, so that the authority of the village government is always in a truncated and amputated position.

scholarly journals Pengaturan Bidang Pengawasan dalam Rangka Memperkuat Hak Perlindungan Varietas Tanaman

2020 ◽  
Vol 9 (4) ◽  
pp. 796
Author(s):  
Kadek Sutrisna Dewi ◽  
I Wayan Wiryawan
Keyword(s):  
Research Methods ◽  
Market Economy ◽  
Negative Impact ◽  
Free Market ◽  
Free Market Economy ◽  
Legal Certainty ◽  
Legal Research ◽  
Regulatory Aspects ◽  
Legal Problems ◽  
Laws And Regulations

The development of globalization in era of free market economy has caused many problems to protection of plant varieties. Therefore, it’s deemed necessary to make specific arrangements of supervision in the protection of plant varieties in Indonesia. The writing of this article aims to examine the regulatory aspects of supervision in plant varieties and the importance of regulating of supervision in plant varieties. This article uses normative legal research methods, which research the laws and regulations that have legal problems. The results of the study shows that the aspects of supervision in regulations relating to the protection of plant varieties haven’t been regulated in detail and concretely. The absence of regulations regarding the supervision, causes supervision can’t be carried out optimally, and the supervision can’t be said to be legal according to law. Supervision is very important to regulated, because it carried out with the aim of preventing the emergence of fraudulent practices such as deception, monopolistic practices, and other activities that have a negative impact on the economy in terms of protecting plant varieties. Juridical arrangements regarding supervision related to the protection of plant varieties need to be carried out to provide a foundation for the relevant agencies in carrying out their supervisory duties as well as to increase protection or provide legal certainty for parties holding the rights to protect plant varieties. In addition, it’s also to prevent fraudulent acts committed by irresponsible persons. Perkembangan globalisasi di era ekonomi pasar bebas, menimbulkan banyak problematika terkait dengan perlindungan varietas tanaman. Oleh karena itu, dipandang perlu melakukan pengaturan secara spesifik mengenai aspek pengawasan dalam perlindungan varietas tanaman di Indonesia. Penulisan artikel ini bertujuan untuk mengkaji mengenai pengaturan aspek pengawasan dalam perlindungan varietas tanaman serta arti penting pengaturan aspek pengawasan dalam perlindungan varietas tanaman di Indonesia. Adapun metode penelitian dalam penulisan artikel ini menggunakan metode penelitian hukum normatif, berupa penelitian dengan mengkaji peraturan perundang-undangan yang memiliki kaitan dengan permasalahan hukum yang terjadi. Hasil studi menunjukkan bahwa aspek pengawasan dalam peraturan perundang-undangan yang berkaitan dengan perlindungan terhadap varietas tanaman belum diatur secara mendetail dan konkrit. Ketiaadan pengaturan mengenai pengawasan terkait perlindungan varietas tanaman  menyebabkan pengawasan tidak dapat dilaksanakan secara maksimal, serta pengawasan yang dilakukan oleh instansi terkait tidak dapat dikatakan sah menurut hukum. Pengawasan pada dasarnya merupakan hal sangat penting untuk diatur, karena pengawasan dilaksanakan dengan maksud untuk mencegah timbulnya praktik kecurangan seperti penipuan, praktik monopoli, maupun kegiatan lain yang menimbulkan dampak negatif terhadap perekonomian dalam hal perlindungan varietas tanaman. Pengaturan secara yuridis mengenai pengawasan terkait perlidungan varietas tanaman perlu dilakukan untuk memberikan landasan berpijak kepada instansi terkait dalam melaksanakan tugasnya terkait pengawasan sekaligus guna meningkatkan perlindungan maupun memberikan jaminan kepastian hukum bagi pihak yang memegang hak perlindungan varietas tanaman. Selain itu juga untuk mencegah terjadinya tindakan kecurangan yang dilakukan oleh oknum-oknum yang tidak bertanggungjawab.

scholarly journals Supervision Arrangements in Order to Strengthen the Protection of Traditional Cultural Expressions as Intellectual Property

2021 ◽  
Vol 10 (2) ◽  
pp. 238
Author(s):  
Lily Karuna Dewi ◽  
Dewa Gde Rudy
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Copyright Law ◽  
Legal Regulations ◽  
Legal Research ◽  
Sense Of Security ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Laws And Regulations

The government is responsible for protecting, not only traditional cultural expressions as part of biodiversity, but also as the property of local communities. Legal regulations related to the aspect of supervision in the protection of traditional cultural expressions have not been explicitly stated in statutory regulations. Regulating aspects of supervision related to the protection of Traditional Cultural Expressions are very important in order to provide a sense of security and comfort to indigenous peoples as owners of these Traditional Cultural Expressions, and to maintain respect for the communal community. The purpose of this paper is to find a juridical basis regarding the supervision of traditional cultural expressions. The research method in the preparation of this article is the normative legal research method, in which this research examines the laws and regulations that are related to legal problems that occur. The results showed that the aspects of supervision in the laws and regulations relating to the protection of traditional cultural expressions have not been regulated in a substantial and detailed manner and only become part of Article 38 paragraph (2) of the Copyright Law. The existence of an aspect of supervision carried out by related parties is very important as part of Article 38 paragraph (3) of the Copyright Law.

Sign in / Sign up

Export Citation Format

Share Document