scholarly journals Compensation for Land Procurement for the Construction of the Northern Ring Road of Solok City by the Regional Government of Solok

2019 ◽  
Vol 6 (3) ◽  
pp. 673
Author(s):  
Weri Zakia ◽  
Kurnia Warman ◽  
Frenadin Adegustara
Keyword(s):  
Public Interest ◽  
Legal Aspects ◽  
Government Agencies ◽  
Regional Government ◽  
Main Approach ◽  
Ring Road ◽  
The Public ◽  
Research Problems ◽  
The Law ◽  
The Republic

This study aims to analyze compensation for land procurement for the construction of the northern ring road of Solok City by the Regional Government of Solok. The main approach method used is a research that emphasizes legal aspects by studying primary and secondary legal materials. It will later become a guideline for understanding and analyzing research problems. In addition, an empirical juridical approach is used as a support for the main approach. The results showed that the implementation of land procurement for the northern ring road of Solok City directly between Regional Government Agencies of Solok and landowners or their attorneys was carried out with the release of rights to land, buildings and objects associated with it under the principle of deliberation. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 jo. Presidential Regulation of the Republic of Indonesia No. 71 of 2012. Regarding the determination of compensation carried out by means of deliberations between Government Agencies through the Land Procurement Team and landowners and their attorneys, based on the appraisal team’s assessment results, the basis for the assessment is fair replacement value and/or proper and fair replacement. It is in accordance with Article 10 of the Law of the Republic of Indonesia No. 2 of 2012 concerning Land Procurement for Development in the Public Interest and Presidential Regulation of the Republic of Indonesia No. 71 of 2012 concerning the Implementation of Land Procurement for Development in the Public Interest.

scholarly journals Arrangement and Implementation of Notary Privileges after the Decision of the Constitutional Court Number 49/PUQU-X/2012

2019 ◽  
Vol 6 (2) ◽  
pp. 152
Author(s):  
Marthalena Refningsih ◽  
Zainul Daulay ◽  
Jean Elvardi
Keyword(s):  
Judicial Review ◽  
Supervisory Board ◽  
Legal Aspects ◽  
Constitutional Court ◽  
Main Approach ◽  
Before And After ◽  
Research Problems ◽  
Approach Method ◽  
The Law

The formulation of the research problems includes: 1) How is the notary privilege arrangement before and after the decision of Constitutional Court number 49/PUU-X/2012? 2) How is the notary privilege implementation after the decision of Constitutional Court number 49/PUU-X/2012?The main approach method used in this research is a normative juridical approach; i.e. research that emphasizes legal aspects, by studying the primary and secondary legal materials which will later be used as guidelines in understanding and analyzing the issues under discussion. In addition, the main approach is supported by an empirical juridical approach.Discussion: 1) since the ratification of Law number 30 of 2004, notary privileges are regulated in Article 4, Article 16, Article 54 and Article 66 paragraph (1), following the decision of Constitutional Court number 49/PUU-X/2012 which grants the petition for judicial review of Article 66 paragraph (1). 2) After the establishment of the decision of Constitutional Court number 49/PUU-X/2012 related to the cancellation of the approval term of the Regional Supervisory Board in Article 66 paragraph (1) of the Law of Notary Position, there is no protection against privileges because investigators, public prosecutors and judges can call and take the copy of the original of the deed and documents in the storage directly without the approval of the Regional Supervisory Board.

Konsep Penggabungan Antara NJOP dan Nilai Pasar dalam Pengadaan Tanah untuk Kepentingan Umum

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi
Keyword(s):  
Social Justice ◽  
Mass Media ◽  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Primary Data ◽  
The Public ◽  
Existing Problems ◽  
The Law ◽  
The Republic

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 

scholarly journals Kedudukan Hukum Deponeering dalam Sistem Peradilan Pidana

2021 ◽  
Vol 2 (1) ◽  
pp. 17-29
Author(s):  
Desi Ratnasari ◽  
Sahuri Lasmadi ◽  
Elly Sudarti
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Implications ◽  
The Law ◽  
The Republic

This article aims to identify and analyze the legal implications and analyze the regulation of public interest as a condition for implementing deponeering by the Attorney General for the sake of the public interest in the perspective of the development of criminal procedural law. This research is a legal research, obtained from statutory studies (statute approach), concept (conceptual approach), cases. The result of this research is that there is discrimination against equality before the law contained in Article 27 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and can trigger misinterpretation by the Attorney General. Then in its implementation there is no clear regulation regarding the application of the opportunity principle related to the authority of the attorney general in the implementation of case waiver (deponeering) for the public interest in the Criminal Procedure Code.  Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis implikasi hukum serta menganalisis terhadap regulasi kepentingan umum sebagai syarat pelaksanaan pengesampingan perkara (deponeering) oleh Jaksa Agung demi kepentingan umum dalam prespektif perkembangan hukum acara pidana.  Penelitian ini merupakan penelitian hukum, yang diperoleh dari studi perundang-undangan (statute approach), konsep (conceptual approach), kasus. Hasil dari penelitian ini adalah adanya diskriminatif terhadap equality before the law yang terdapat dalam Pasal 27 Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 dan dapat memicu salah tafsir oleh Jaksa Agung. Lalu di dalam pelaksanaannya belum terdapat regulasi yang jelas mengenai penerapan asas oportunitas yang berhubungan dengan kewenangan jaksa agung dalam pelaksanaan pengesampingan perkara (deponeering) demi kepentingan umum di dalam Kitab Undang-Undang Hukum acara Pidana (KUHAP). 

scholarly journals Legal Framework for the Role of Local Self Government in the Implementation of the Public Interest

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ
Keyword(s):  
Public Interest ◽  
Social Life ◽  
Local Population ◽  
Legal Framework ◽  
Legal Aspects ◽  
The Public ◽  
Local Character ◽  
The Republic

In this paper, the authors analyse the legal framework for the local self governments’ role in the achievement of the public interest on the examples of legal solutions in the Republic of Serbia and the Republic of Srpska. The extent and the manner in which the needs and interests of the local population are met as part of the public interest may be different in different spheres of social life. In this regard, the examples analysed in this paper indicate two, seemingly similar, but essentially divergent tendencies of normative regulation of the participation of needs and interests of local population in the legal determination of the public interest and of the way in which local self-government participating in realization of that interest. The authors affirm the opinion according to which systematic legislation which regulates various areas of social life should define the public interest and within that category emphasizes the needs and interests of the local population. Also, it should regulate the obligatory way in which local self-government units participating in the achievement of that interest. Further regulation of the criteria and legal aspects of the achievement of that interest, especially in terms of their local character, should bе implemented by general acts of local self-government units.

ANALISA YURIDIS HAK KEBEBASAN BERPENDAPAT BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 001
Author(s):  
Eddy Suwito
Keyword(s):  
Social Media ◽  
General Public ◽  
Legal Information ◽  
The Public ◽  
Harm To Others ◽  
The Law ◽  
The Republic

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

Оксана Кукуруз, Взаимодействие политики и права в процессе общественной трансформации в Украине и Республике Польша

2021 ◽  
pp. 158-162
Author(s):  
Ivanna Kyliushyk
Keyword(s):  
Public Interest ◽  
Book Research ◽  
Social Transformation ◽  
Common Goal ◽  
The Real ◽  
The Public ◽  
The Creation ◽  
The Republic ◽  
Effective Development ◽  
Politics And Law

The author of the book research the interaction of politics and law as two important social regulators that have a common goal the effective development of society. The author defines the real models of interaction between politics and law, which have formed in Ukraine and the Republic of Poland in the process of social transformation, and the creation of an appropriate model, which should be based on the goal of ensuring the public interest.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV
Keyword(s):  
Public Interest ◽  
Developed Countries ◽  
Foreign Investor ◽  
Foreign Investors ◽  
The Public ◽  
Right Of Action ◽  
Judicial Proceedings ◽  
The Law ◽  
Business Entities ◽  
The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

Sign in / Sign up

Export Citation Format

Share Document