scholarly journals PERLINDUNGAN HUKUM BAGI PEMBELI TANAH YANG KEHILANGAN HAK AKIBAT JUAL BELI ATAS TANAH YANG PERNAH MENJADI OBJEK SENGKETA PENGADILAN TATA USAHA NEGARA [LEGAL PROTECTION FOR LAND BUYERS WHO LOSE RIGHTS AS A RESULT OF THE SALE AND PURCHASE OF LAND THAT WAS ONCE AN OBJECT OF A DISPUTE IN THE STATE ADMINISTRATIVE COURT]

2021 ◽  
Vol 1 (2) ◽  
pp. 116
Author(s):  
Novia Gunawan ◽  
Tjempaka Tjempaka

<p>The land was the state's authority to govern the giving and use of land to the people so that the land would be used for the greatest measure of civic prosperity requiring a sure law and protection of the law among peoples. While wisdom regarding land civilty governed by the state exists in reality often does not establish order and certainty of law. For example the case example on ruling Supreme Court number 658 PK/Pdt/2017 in the two hedges of the same land as the different rights, Dirman was using the building rights and John as his property which turned John's property into an object of dispute at the State Enterprises Court. How can legal protection be provided for land buyers who lost their rights through land sale that was once an object of national governance court dispute at the State Enterprises Court? How would the deed of ownership of the deed of the land deed be formed between bacce and Gunadi and Gunadi and John? The authors examine the problem using normative legal methods and use interviews as backup data. Studies reveal that legal protection is obtained if land buyers can prove their rights in court and Land deed deed official only responsible for the purchase papers made between Gunadi and John because they were consciously created that the land was in dispute over the state governance court.</p><p><strong>BAHASA INDONESIA ABSTRACT:</strong></p><p>Tanah merupakan kewenangan Negara untuk mengatur pemberian dan penggunaan tanah kepada masyarakat agar tanah dimanfaatkan bagi pencapaian sebesar-besar kemakmuran rakyat dengan tuntutan kepastian hukum serta perlindungan hukum antar masyarakat. Meskipun kebijaksanaan mengenai kemanfaatan tanah yang diatur oleh negara ada tetap saja dalam realita sering tidak terjadinya ketertiban dan kepastian hukum. Seperti contoh kasus pada Putusan Mahkamah Agung Nomor 658 PK/Pdt/2017 yaitu terbitnya dua sertipikat atas tanah yang sama dengan hak yang berbeda, Dirman Pardosi dengan Hak Guna Bangunan dan John dengan Hak Miliknya yang ternyata tanah milik John sedang menjadi objek sengketa di PTUN. Bagaimana bentuk perlindungan hukum bagi pembeli tanah yang kehilangan hak akibat jual beli atas tanah yang pernah menjadi objek sengketa PTUN? Bagaimana bentuk tanggung jawab PPAT terhadap akta jual beli yang dibuat antara Bacce dengan Gunadi dan Gunadi dengan John Tandiari? Penulis meneliti masalah tersebut dengan menggunakan metode hukum normatif dan menggunakan wawancara sebagai data penunjang. Hasil penelitian mengungkapkan bahwa perlindungan hukum akan didapatkan jika pembeli tanah dapat membuktikan hak mereka di Pengadilan dan PPAT bertanggung jawab hanya pada akta jual beli yang dibuat antara Gunadi dan John karena dibuat secara sadar bahwa tanah sedang dalam sengketa PTUN.</p>

Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.


2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.


2018 ◽  
Vol 1 (2) ◽  
pp. 58
Author(s):  
Yirgalem Germu Berega

In many parts of Ethiopia, land is the base for economic resources and prestige, as provided under the Constitution of Federal Democratic Republic of Ethiopia this valuable asset is exclusively vested in the State and the peoples of Ethiopia. Land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange. Concerning contractual agreement, sale of land is made imprescriptible by the decision of the Federal Supreme Court Cassation Division. The problem of this decision is that the civil code of the state provides ten years of period of limitation for invalidation of contract, made no clear exception for that matter, and the Cassation Division is empowered to only interpret the law of the state, not making a new law. Based on the problem narrated, the following questions are posed: whether the decision of the division falls under the ambit of its mandate or not and what is the practical value of the ruling?  The questions are addressed via consultation of legal instruments of the state, the decisions of the cassation division and scholarly materials on the area.


Author(s):  
Irnawati Irnawati ◽  

The purpose of writing this article is to understand the legal protection for people against the management of slaughterhouse waste in Indonesia. Animal slaughterhouse management waste is waste resulting from the cutting process and if not managed properly will have an impact on the surrounding environment. Pollution of animal slaughterhouse waste management can occur if not properly managed. The method of approaching research is normative juridical. The results of the study provide an answer that the protection of the law against the community is a fundamental thing to be accommodated by the surrounding government. Waste management is an absolute thing done by the state to ensure the good survival of the people in Indonesia. Keywords : legal protection, community, waste management, slaughterhouse


ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan


2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.


2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.


2018 ◽  
Vol 1 (1) ◽  
pp. 1288
Author(s):  
Arief Hidayat ◽  
Ahmad Redi

The State of Indonesia is a State of Law. But, in fact the ideals of the idea of the State of Law that was built by developing the legal tool itself as a system that is functional and just to achieve community welfare and social justice has not been optimally done. This is reflected in the new Environmental Permit issued by Central Java Governor Ganjar Pranowo (No. 660.1 / 6 of 2017 on Environmental Permit for Mining and Construction Activities of PT Semen Indonesia Plant) is considered to have injured the ideals of the law itself. The new Environmental Permit is contradictory to the content of the Review Judgment issued by the Supreme Court (Supreme Court Verdict Decision Number 99 PK / Tun 2016), because in the ruling it ordered that the Governor Replace the old Environmental Permit, which was issued in 2012 and did not issue New Environmental Permit. The verdict contains the basis of judges' consideration in deciding cases that have reflected fairness and legal certainty. The result of the research on the validity of the Environmental Permit Decree on the Review Judgment issued by the Supreme Court concluded that the decree should be invalid because it is not in line with the decision of the court which has permanent legal force.


2002 ◽  
Vol 9 (1) ◽  
pp. 70-82 ◽  
Author(s):  
Lucy Carroll

AbstractSection 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. Nearly two decades later, the Federal Shariat Court was established and endowed with jurisdiction to declare a law contrary to "the Injunctions of Islam" and thus void. Some laws, however, were specifically exempted from the Court's jurisdiction; falling within this category is "Muslim Personal Law." A 1981 decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the Muslim Family Laws Ordinance were included within the phrase "Muslim Personal Law," and were thus outside the jurisdiction of the Federal Shariat Court. This position was reversed by another decision of the appellate Court in 1993, and the provisions of the Ordinance were immediately challenged on the basis of their alleged divergence from the "Injunctions of Islam." This essay reviews the provisions of section 4 of the Ordinance and examines the decision of the Shariat Court as regards this particular provision.


2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship


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