scholarly journals The Legal Construction of Land Bank Regulations to Realize Fair Management of State Land Assets in Indonesia

Rechtsidee ◽  
2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Fatimah AlZahra
Keyword(s):  
Social Conflict ◽  
Physical Development ◽  
Legal Certainty ◽  
Legal Research ◽  
Bank Regulations ◽  
The People ◽  
Normative Basis ◽  
Legal Construction ◽  
The Government ◽  
Land Bank

The fact that the amount of land is fixed while the need for physical development is increasing as the increase in population, leads to inevitable social conflict. Social conflict is caused by the conflict of interest between the government and the people. The people tend to be reluctant to let go of the land they owned for the development of infrastructure in public interest with the pretext that the price set by the government is too low. As an agency for which its primary task is to reserve land for the government that is obtained before the need arises, a land bank appears to be able to be considered one of the alternatives for land procurement without conflict that can be applied in Indonesia as a solution in overcoming the land crisis for development. Through the normative legal research method, this research aims to analyzes the land bank’s concept in finding a legal construction of land bank regulations to realize fair management of state land assets in Indonesia. The result of the research shows that the legal construction of regulations for a land bank as an effort to realize fair management of state land assets can be achieved with regulations equal to a law. Values of fairness, legal certainty, and legal usefulness in the organization of a land bank must be included in the legal and normative basis in the content of the proposed law.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals SANDERA PAJAK SEBAGAI ALAT PAKSA DALAM PENAGIHAN UTANG PAJAK ( Studi tentang Penegakan Hukum Pajak Melalui Sandera Pajak )

2015 ◽  
Vol 44 (1) ◽  
pp. 69
Author(s):  
Budi Ispriyarso
Keyword(s):  
Research Result ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Tax Collection ◽  
Approach Method ◽  
The Government

Problems found in this study is the reason why the government uses tax hostages in tax collection, how hostage force to used as a tool in the collection of tax debts and how the hostage-taking in terms ofjuridical aspect. The approach method used in this research is the Socio Legal Research. Result is that there are several factors that become a reason for the tax hostage. Government (fiscus) in collecting tax debts with the tax hostages have been carried out in accordance with the provisions of the act . According to aspects of legal certainty, tax hostages in Indonesia has had a legal protection, named Law No. 19 of 2000 as well as some regulatory other aspects . From the legal justice aspect, protection law also granted to taxpayers affected by the gijzeling. From the aspect of expediency, the application of the gijzeling prove to be useful in improving taxpayer compliance.Permasalahan yang terdapat dalam penelitian ini adalah mengapa pemerintah menggunakan sandera pajak  dalam penagihan pajak, bagaimana penyanderaan dipergunakan sebagai alat paksa dalampenagihan utang pajak dan bagaimana penyanderaan ditinjau dari aspek yuridis. Metode Pendekatan yang dipergunakan dalam penelitian ini adalah metode Socio legal Research. Hasil Penelitian adalah ada beberapa faktor yang menjadi alasan dilakukannya penyanderaan pajak. Pemerintah (fiscus) dalam melakukan penagihan utang pajak dengan sandera pajak telah dilakukan sesuai dengan ketentuan undang-undang.Berdasarkan aspek kepastian hukum, sandera pajak di Indonesia telah mempunyai payung hukumnya  yaitu UU Nomor 19 tahun 2000 serta beberapa peraturan lainnya. Dari aspek keadilan, perlindungan hukum juga diberikan kepada wajib pajak yang terkena sandera pajak.Dari aspek kemanfaatan, penerapan sandera pajak bermanfaat dalam peningkatan kepatuhan wajib pajak.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Pemukiman Kumuh Bantaran Sungai Deli Kelurahan Labuhan Deli Medan Sumatera Utara

2019 ◽  
Vol 11 (2) ◽  
pp. 355
Author(s):  
Syahril Ginting ◽  
Ibnu Hajar ◽  
Usman Pelly
Keyword(s):  
Social Conflict ◽  
Social Research ◽  
Research Technique ◽  
The People ◽  
Culture Of Fear ◽  
The Government ◽  
North Sumatra ◽  
The City ◽  
Appropriate Education ◽  
New Settlements

This paper is part of the Unimed Anthropology Social research thesis which aims to explain the development of slum settlements on the Deli river and find ways to rejuvenate the Deli riverbank without involving social conflict. This study uses ethnography method. Research technique with interviews conducted and observations of informants in the Deli river in Labuhan Deli Village. From the results of the research, the people come from various regions in North Sumatra, such as Karo and Langkat Regencies, migrated to Medan for improve their lives, but lost because they did not have education and skills. The existence of a culture of fear of returning home because they had migrated, so they continued to live in the city of Medan, there was no other way but to find cheap settlements to survive, one of which was by arranging the river banks of the Deli. The government must issue policies that regulate settlers to settle in more feasible places, namely: with relocation programs, socialization of appropriate education and the dangers of settling in slums. Therefore, with this policy the community has new settlements, where these settlements have low installments and are pioneered by the government.

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals THE LEGAL CONSTRUCTION MODEL FOR THE COLLUSION AND NEPOTISM OFFENSE TO BE OPTIMAL AS AN INSTRUMENT TO PREVENT CORRUPTION

2021 ◽  
Vol 58 (1) ◽  
pp. 1822-1827
Author(s):  
Ali Mukartono, Et al.
Keyword(s):  
Human Resources ◽  
White Collar ◽  
Legal Research ◽  
Reform Period ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
Construction Model

This paper aimed to elaborate the legal construction model for the collusion and nepotism offense to be optimal as an instrument to prevent corruption in Indonesia. Numerous efforts have been implemented by the government to prevent and thoroughly eradicate corruption, which is tagged a white-collar and extraordinary crime. During the reform period, several institutions were implemented to help in the eradication of corruption but corruption cases in Indonesia have been increasing significantly. This paper uses the normative legal research. proper legal construction model is needed in handling collusion and nepotism, which starts by making new laws directed towards the direction of the applied state to achieve its goals. The formation of a new law needs to cover enforcement agencies. Furthermore, Human Resources need to be reformed and intensified to develop people that understand the law, in order to determine the dangers of collusion and nepotism, thereby preventing corruption. Similarly, in the institutional viewpoint, collusion and nepotism need to be handled by the KPK, police, and the prosecutor's office in order to preventcorruption

scholarly journals Corruption Eradication in Indonesia during the Covid-19 Pandemic: An Analysis of the Implementation of Article 27 Law Number 2 of 2020 Concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic

2021 ◽  
Vol 10 ◽  
pp. 1415-1421
Author(s):  
Jamin Ginting ◽  
◽  
Chelsya Gabriella
Keyword(s):  
Criminal Responsibility ◽  
Good Faith ◽  
System Stability ◽  
Financial Policy ◽  
Legal Certainty ◽  
Legal Research ◽  
Government Administration ◽  
State Official ◽  
The Government ◽  
Insight Into

As Indonesia announced its first Covid-19 case on 2 March 2020, the government issued Acts Number 2 Year 2020. Article 27.1 and 27.2 of the Act do not provide legal certainty because they may release the state-official-corruptors from their criminal responsibility. Through this paper, the author argues the criminal-responsibility exception by elaborating the ideas of the 1945 Constitution and the Corruption Act. The author uses normative legal research to construct the paper by bringing the 1945 Constitution, Indonesian Penal Code, and Government Administration Act as contra-materials toward Acts Number 2 Year 2020. The author also uses the theories from Indonesian Law Scholars to base the author’s argument. The paper provides the construction of criminal corruption as one of the essential parts of state loss. It also explains the solution to remove the criminal-responsibility-exception by using the excellent faith principle. The paper would return the good faith principle into the implementation of Act Number 2 Year 2020. As Act Number 2 Year 2020 is considerably new on implementation, this paper provides new insight into the better implementation of corruption-handling during the Covid-19 Pandemic.

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