scholarly journals Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 53
Author(s):  
Maria Pranatia
Keyword(s):  
Legal Status ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Registration System ◽  
Notary Public ◽  
The Government ◽  
Harmonization Of Law ◽  
Legal Grounds ◽  
The Ideal

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>

scholarly journals Pengaturan Rangkap Jabatan Notaris dengan Anggota Dewan Perwakilan Rakyat

2020 ◽  
Vol 4 (2) ◽  
pp. 250
Author(s):  
Bima Ridho Halim ◽  
Rachmi Sulistyarini
Keyword(s):  
House Of Representatives ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Notary Public ◽  
Materials Used ◽  
Evaluation Techniques ◽  
The Ideal ◽  
Laws And Regulations

The purpose of writing this article is to discuss the harmonization of regulation towards a double position of notary and members of the House of Representatives and the ideal formulation of regulations regarding dual notary positions. The method used is normative legal research with a statutory approach, a comparative approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed using grammatical, systematic, interpretation, explanatory, and evaluation techniques. Harmonization of laws and regulations relating to someone who holds a concurrent position as a notary and a member of the House of Representatives is very important to meet legal certainty. The notary who is elected as a member of the House of Representatives must release his position as a notary public. Notaries can be re-becoming a notary public if they are no longer members of the House of Representatives.

scholarly journals Pelaksanaan Pertanggungjawaban Sosial Perbankan terhadap Koperasi dalam Hal Sertifikasi Kekayaan Intelektual Sebagai Jaminan Kredit Perbankan

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 160
Author(s):  
Wibi Anska Putri
Keyword(s):  
Economic Growth ◽  
Legal Protection ◽  
Bank Loans ◽  
Legal Certainty ◽  
The Social ◽  
Banking Institutions ◽  
The Government ◽  
Credit Agreement ◽  
Linkage Program

HKI is a work declared by creative economic actors as an effort to encourage Indonesia's economic growth. In addition to being a form of legal protection, the existence of one type of HKI namely the brand can be used as a concept as collateral. In fact, there is no legal force to implement this because there are no regulations governing it, causing legal uncertainty for the parties involved, especially regarding the policy of banking institutions in providing credit to cooperatives or UMKM that have been certified. The results of this paper show that the application of collective brand certificates to be used as collateral for bank loans does not yet have legal certainty, and the efforts that can be made by the government are to harmonize regulations, provide counseling on the importance of the existence of HKI, and monitor the balance between applicable rules and reality. which took place in the field. The role of cooperatives or UMKM is to maintain good performance when banking institutions have provided access to capital in the form of credit by implementing the Linkage Program Executing pattern based on the principle of consensus or trust and applying risk management principles in each credit agreement. The social responsibility of banking institutions in this case is to provide easing of collateral and is not commercial in nature.

scholarly journals State, BUMN (State Owned Enterprises - SOEs) and Role of Law in Economic Development: A Theoretical Approach

2019 ◽  
Vol 1 (2) ◽  
pp. 20-29
Author(s):  
Teuku Syahrul Ansari
Keyword(s):  
Economic Development ◽  
Legal Status ◽  
Social Space ◽  
Corporate Law ◽  
Legal Certainty ◽  
Law System ◽  
Economic Law ◽  
Legal Problems ◽  
The Law

In developing the Business Judgment System for State-Owned Enterprises (SOEs, Persero) in Indonesian Economic Law, it is necessary to elaborate on the theory of the role of law in economic development. According to J.D. Mrs. Hart has three elements that must be developed in the legal system so that the law plays a role in economic development, namely predictability, stability, justice (fairness). The role of the law, basically refers to the main purpose of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The role of the law basically refers to the main objective of the law, which is to create an orderly society. Order and balance in society need to be achieved, so that human interests will be protected in achieving their goals. In general, the law functions to divide rights and obligations, regulate how to solve legal problems and maintain legal certainty. The focus of this paper is the interaction of Indonesian corporate law in the Indonesian Economic Law system in the management of state-owned enterprises, as one of the corporations with legal status to be able to compete globally, because this principle is a universal principle. Corporate law and globalization interact in the same social space and interests. With these interactions, it allows various possibilities, such as integration, incoordination (partial merging), competition (each running alone), conflict (conflicting), and avoidance (one of the laws avoids the enforcement of other laws).

scholarly journals STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

2021 ◽  
Vol 23 (3) ◽  
pp. 330
Author(s):  
Nia Kurniati ◽  
Jordan Mordekhai
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Positive Tendency ◽  
Community Justice ◽  
Land Disputes ◽  
Welfare Society ◽  
The Government

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

scholarly journals Legal Protection for Village Communities Against Land Rights in the Construction of a National Strategy Project Through a Complete Systematic Land Registration System (Study of Pasuruan District Land Registration)

2021 ◽  
Vol 8 (7) ◽  
pp. 48
Author(s):  
Ratna Biraeng Kumalasari
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Party ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Community Needs ◽  
Village Communities ◽  
The Republic ◽  
The Government

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Comrades and Campfires

2021 ◽  
pp. 17-54
Author(s):  
Phoebe S.K. Young
Keyword(s):  
Civil War ◽  
Political Organization ◽  
Union Army ◽  
National Belonging ◽  
Army Soldiers ◽  
The Republic ◽  
The Government ◽  
The Ideal

During and after the Civil War, Union army soldiers and veterans attempted to make sense of their military camping experiences, which could exemplify generational camaraderie, political organization, and national belonging. This chapter follows the career of John Mead Gould, a soldier from Portland, Maine who kept an extensive diary and published a camping manual in 1877. It also discusses the role of the Grand Army of the Republic, a veterans’ organization that organized reunions in the form of annual encampments as part of a campaign to lobby the government for veterans’ pensions. Its form of camping put forward the veteran as a new exemplar of the ideal citizen for a modern commercial age. Veterans claimed a meaningful place in a world where the nation’s social and economic underpinnings were in flux and understandings of citizenship, manhood, work, and success were shifting under their feet.

Modernisation of Childcare Workforce in India: A Way to Deinstitutionalisation

2020 ◽  
Vol 7 (2) ◽  
pp. 159-169
Author(s):  
C. Raneesh ◽  
A. K. Mohan
Keyword(s):  
Child Protection ◽  
Vulnerable Children ◽  
Protection Scheme ◽  
Ideal Situation ◽  
Care Facilities ◽  
Children’S Homes ◽  
The Government ◽  
Workforce Needs ◽  
The Ideal

The enactment of new legislations and policies and establishment of proper implementation agencies are considered the fundamental elements of modernisation. Likewise, in India, the child welfare sector is witnessing a paradigm shift after the implementation of juvenile justice acts and the establishment of Integrated Child Protection Scheme (ICPS). The policy documents suggest that institutionalisation of a child must be the last resort; hence, the ideal situation is deinstitutionalising children from institutions to other care facilities. Childcare staff have to intervene effectively with the stakeholders to find out a more suitable option than institutionalisation. This process demands professionals with proper skills and a scientific understanding of the multifaceted issues of vulnerable children. The process would yield the desired benefits only under this circumstance. Thus, the role of childcare staff is crucial in the deinstitutionalisation process. In this study on childcare staff in children’s homes of Kasaragod district of Kerala, the researcher adopted a descriptive design and selected all registered children’s homes for the study purpose. The data was collected from childcare staff through an interview schedule and Kuppuswami’s socio-economic scale. The major finding of the study is that the childcare staff in these institutions are not meeting the prescribed standards envisioned by the government. This under-skilled and non-professional workforce needs a transformation to achieve the desired output.

scholarly journals STRATEGIES AND ROLE OF LOCAL GOVERNMENT IN IMPROVING THE COMPETITIVENESS OF TRADITIONAL FISHERMEN IN PANDEGLANG, BANTEN

2020 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Kusumajanti Kusumajanti ◽  
Ni Putu Eka Widiastuti ◽  
Asep Kamaluddin
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Status ◽  
Group Performance ◽  
Small Fish ◽  
Communication Model ◽  
The Government ◽  
Status Socialization

The aims of study to explore in depth: a. strategies and role of local government supports the formation of fishermen groups and group performance in enhancing the competitiveness of traditional fishermen; b. Strategies undertaken by local governments to improve competitiveness so as to realize the prosperity of traditional fishermen, c. group communication model between local government, traditional fishermen group, and partners  This study use qualitative research methods with a critical paradigm referring to the critical concepts of Marxist thought. The results showed that the government through the Ministry of Marine Affairs and Fisheries Republic of Indonesia has issued Government Regulation no. 50 Year 2015 on empowering small fishermen and small fish farmers. The Ministry of Marine Affairs and Fisheries has an agenda to improve the welfare of traditional fishermen and to optimize their potentials in groups, which are handed down to the provincial and district fisheries departments. Pandeglang District Government as the object of research through Fisheries Department has the authority to manage, utilize, and conserve marine and fishery resources for the welfare of Pandeglang community, especially fisherman community, cultivation, processing and marketing of fish, and to increase contribution for PAD (District Owned Revenue). Fisheries Department develop strategies for improving the welfare of traditional fishermen, among others, encourage the formation of fishermen cooperatives with legal status. Socialization of the use of fishing gear which is not prohibited by the government. This is because there are still many traditional fishermen in Pandeglang who use Cantrang that can threaten the sustainability of marine ecosystems. The local government through related offices has not been actively involved in providing assistance to traditional fishermen so that they have high competitiveness such as maintaining good quality fish quality, stable catch quantity, environment of fishery and marine areas that is maintained so as to ensure the sustainability of existence fish in the sea. The results of this study have implications on the preparation of roles and strategies of local governments in improving the competitiveness of traditional fishermen adapted to local elements so that traditional fishermen become prosperous.

scholarly journals Supervisory Role Of Regional Assembly (Mpd) On Notary Monitoring In Leaving The Area Without Legal Reasoning Which More Than 7 (Seven) Working Days In Banjarnegara

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 415
Author(s):  
Alfian Ridho Chusosi ◽  
Munsharif Abdul Chalim
Keyword(s):  
General Population ◽  
Legal Reasoning ◽  
Social Function ◽  
The State ◽  
Legal Certainty ◽  
Community Members ◽  
Strength Of Evidence ◽  
The Republic ◽  
The Government

In the Constitution of the State in 1945 expressly stated that the Republic of Indonesia is legal state, is thus one of the most important tasks for the government is provide and ensure a sense of legal certainty for the citizens of the community members. In certain fields this task by the government through the Law given and entrusted to the Notary and vice versa community must also believe that the Agreement made that provides legal certainty for citizens, in accordance with the wording of Article 15 paragraph 1 of Act No. 30 of 2004 jo Act No. 2 of 2014 concerning Notary. The legal certainty in addition to the authenticity of a certificate that has the strength of evidence, ie outwardly, formal and material as well as the ethics of a Public Notary in the running position. In carrying out the duties of office of the Notary not only carry out the work mandated by legislation alone as well as running a social function that is very important is to be responsible for carrying out the trust placed in the general population it serves, Notary authorized to make the authentic act on all agreements, agreements and statutes required by the rules and regulations and / or desired by the stakeholders to be stated in an authentic agreement, agreement of guarantee certainty of the date of manufacture, save agreement, giving grosse, copy, and official copies.Keywords: Public Notary, Regional Assembly, Legal Reasoning

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