scholarly journals Evaluation of the Regulation Changes on Environment and Forestry in Indonesia

2020 ◽  
Vol 6 (1) ◽  
pp. 100
Author(s):  
Helmi Helmi ◽  
Fauzi Syam ◽  
Nopyandri Nopyandri ◽  
Akbar Kurnia Putra
Keyword(s):  
Government Regulation ◽  
Legal Research ◽  
Legal Enforcement ◽  
The People ◽  
The Law ◽  
The Government ◽  
Article 5 ◽  
Regulation Changes

This article aims to examine the correlation between the concept of proper enforcement of the law as stipulated in Article 5 (2) of the 1945 Constitution of Indonesia and the establishment and implementation of government regulation on environment and forestry. This article is a normative legal research with statute, historical, and conceptual approaches. The result shows that proper legal enforcement means two things, namely, establishment and enactment of government regulation by the President and the content of the regulation that does not contradict the law. Failure to comply with the law means the President does not establish or enforce a government regulation as mandated or the content of the regulation is not in line with the law.  If the President does form or enforce the implementation of government regulation, this means that the President violates his oath and promise to uphold the Constitution and to serve the nation. If the content of the regulation contradicts with the law, it can be canceled. In this situation, the government needs to realign the content of existing regulations. The ministry involved in legal drafting is called to oversee the content and follow through with revisions. All party involves in the making of law and regulation, such as the People Representatives, the President, or the Minister, is reminded to carefully formulate a government regulation.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

scholarly journals Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law

2017 ◽  
Vol 8 (2) ◽  
pp. 01
Author(s):  
Petra Bunawan
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Capital Investment ◽  
Government Regulation ◽  
Legal Aspects ◽  
Economic Stability ◽  
The People ◽  
Investment Law ◽  
The Law ◽  
The Government

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law

scholarly journals PERBUATAN MALADMINISTRASI DALAM PEMBUATAN AKTA JUAL BELI OLEH PPAT DAN AKIBAT HUKUMNYA MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERATURAN JABATAN PPAT Jo. PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PPAT (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 129/Pdt.G/2016/PN.Jkt.Sel.)

2018 ◽  
Vol 1 (1) ◽  
pp. 1378
Author(s):  
Cecyllia Tamara B. Schouten ◽  
Hanafi Tanawijaya
Keyword(s):  
Government Regulation ◽  
Public Official ◽  
Legal Research ◽  
Land Registration ◽  
Abuse Of Power ◽  
The Law ◽  
The Government ◽  
Ministerial Decree ◽  
Legal Consequences ◽  
Poor Management

The Land Deed Official (the PPAT) is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate must be made based on the deeds of the law by the parties. The deeds of the law based on Article 2 of the Government Regulation Number 37 of 1998, a sale and purchase, swap, gift, inbreng, granting right of building/right of use based on the land property rights, and granting of land mortgage. Based on the ordinance, the authentic deed can be used as evidence in case of dispute. In this case is usually a lot of the contempt of court. This act is called the Maladministration. Maladministration is poor management or regulation, especially in an offical capacity. Maladministration is bias, neglect, inattention, delay, incompetence, ineptitude, arbitrariness and so on and would be long and interesting list. Including abuse of power, unlawful procedures, unfairness and malfunction or incompetence. The author examines the problem using normative legal research methods supported by some interviews with some who are experts in the field of the land and maladministration. This act resulted in the existence of legal consequences. Due to the law could by law or may be cancelled. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 112/Kep-4.1/iv/2017 Article 6 paragraph (1) include reprimand, warning, skorzing, onzetting even fired from The Land Deed Official membership.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary

Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 147
Author(s):  
Mochammad Tanzil Multazam
Keyword(s):  
Government Regulation ◽  
Competent Authority ◽  
Public Official ◽  
The Law ◽  
The Government ◽  
The Impact

Birth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.94

scholarly journals Efektivitas Peraturan Pemerintah Nomor 12 Tahun 2018 Terhadap Penyusunan Tata Tertib DPRD Kota Parepare

2020 ◽  
Vol 1 (1) ◽  
pp. 122-136
Author(s):  
Akhmad Azis ◽  
La Ode Husen ◽  
Said Sampara
Keyword(s):  
Government Regulation ◽  
Legal Research ◽  
The Government ◽  
The City

Tujuan penelitian ini adalah: 1) Untuk mengetahui dan menganalisis efektivitas Peraturan Pemerintah Nomor 12 Tahun 2018 terhadap penyusunan tata tertib DPRD Kota Parepare; dan 2) Untuk mengetahui dan menganalisis faktor-faktor yang mempengaruhi efektivitas Peraturan Pemerintah Nomor 12 Tahun 2018 terhadap penyusunan tata tertib DPRD Kota Parepare. Penelitian ini adalah penelitian hukum normatif empiris. Penelitian hukum normatif empiris. Hasil penelitian menunjukkan bahwa: (1) Pelaksanaan Peraturan Pemerintah Nomor 12 Tahun 2018 terhadap penyusunan Tata Tertib DPRD Kota Parepare terlaksana kurang efektif. Adanya aturan yang diperintahkan oleh Undang-Undanga Nomor 23 Tahun 2014 yang tidak dimuat dalam ruang lingkup Peraturan Pemerintah Nomor 12 Tahun 2018, bahkan beberapa regulasi yang dianggap penting tetapi tidak termuat dalam Peraturan Pemerintah tersebut menimbulkan multi tafsir dari Anggota DPRD. Dalam menjalankan tugas, fungsi dan wewenang DPRD Kota Parepare yaitu fungsi pembentukan Perda, fungsi anggaran, dan fungsi pengawasan juga masih kurang efektif. The objectives of this study are: 1) To determine and analyze the effectiveness of Government Regulation Number 12 of 2018 on the formulation of the rules of the DPRD of the City of Parepare; and 2) To identify and analyze the factors that affect the effectiveness of Government Regulation Number 12 of 2018 on the formulation of regulations for the DPRD of the City of Parepare. This research is empirical normative legal research. Empirical normative legal research. The results show that: (1) The implementation of Government Regulation No. 12/2018 on the formulation of the Parepare City DPRD Rules of Conduct was less effective. The existence of rules ordered by Law Number 23 of 2014 which are not included in the scope of Government Regulation Number 12 of 2018, even some regulations that are deemed important but not contained in the Government Regulation cause multiple interpretations from DPRD Members. In carrying out the duties, functions and powers of the Parepare City DPRD, namely the function of forming local regulations, the budget function and the supervisory function are also still ineffective.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals AIR QUALITY MONITORING OF KALABAHI-ALOR’S SEAPORT-EAST OF NUSA TENGGARA

2019 ◽  
Vol 3 (2) ◽  
pp. 130-133
Author(s):  
Rikson Siburian ◽  
Minsyahril Bukit ◽  
Herlince Sihotang ◽  
Saur Lumban Raja ◽  
Minto Supeno ◽  
...  
Keyword(s):  
Air Quality ◽  
Government Regulation ◽  
The Other ◽  
Quality Monitoring ◽  
Air Quality Monitoring ◽  
Other Hand ◽  
The People ◽  
The Government

Evaluation of environment of seaport is needed as well as our responsibility to nature sustainability. The Alor’s seaport belongs to Pelindo III. In order to know the air quality of Alor’s seaport, we did this study. Our aims are to know level quality of air at Alor’s seaport and compare to the government regulation. This study refers to Pararosaniline (SOx), Saltzman (NOx), Particle Calculation (dust) and decibel (noisy) methods. We used four locations, those are A-1 (Entrance gate of PELINDO (8013’09.12”S, 124031’07.21”E)); A-2 (In front of passengers terminal (8013’08.75”S, 124031’01.60”E)); A-3 (Exit  gate Kalabahi’s seaport (8013’08.2”S, 124031’00.87”E)) and A-4 (In front of port of the people (8011’09.12”S, 124031’07.21”E)). Results show that the averages level of SOx, NOx and dust of A-1, A-2 and A-3 are 103.01, 104.65 and 107.47 (µg/Nm3), 37.87, 30.62, and 39.73 (µg/Nm3), 56.64, 47.47 and 50.72 (µg/Nm), respectively. On the other hand, the level of noisy of A-1, A-2, A-3 and A-4 are 68.76, 65.69, 65.20 and 73.60 (dBA), respectively. Base on all of data, we conclude that the air quality of Alor’s seaport is still appropriate according to government regulation (PP. No. 4, 1999).

scholarly journals SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Certainty ◽  
Legal Research ◽  
Community People ◽  
Is Theory ◽  
The Law ◽  
Legal Consequences ◽  
Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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