scholarly journals Kepastian Hukum Kedudukan Camat sebagai PPAT Sementara (Legal Certainty of The Position Sub-district Head as Temporaly Land Deed Officer)

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Irfan Iryadi
Keyword(s):  
Government Regulation ◽  
Civil Servants ◽  
Legal Issue ◽  
Ideal Solution ◽  
Legal Certainty ◽  
Legal Norms ◽  
State Administration ◽  
The Status

After the enactment of Government Regulation Number 24 of 2016, the provisions regarding dual positions as civil servants become one of the substances regulated by this Government Regulation. The existence of these provisions has led to the blurring of norms over the head of sub-district’s position as temporary land deed officers in creating an authentic deed in the land sector. Based on this legal issue, this article was written with the aim of finding out the status of the head of sub-district’s position as temporary land deed officer and offering a concept that should be implemented when temporary land deed officer’s position is needed. The results showed that in Government Regulation Number 24 of 2016, there was no legal certainty in the formulation of the article as a result of the blurring of legal norms over officer assigned to the temporary land deed position. This obscurity can be seen from designation of the temporary land deed officer to the head of sub-district, where the head of sub-district is a State Administration Officer that is contrary to the land deed officer’s rules that prohibit land deed officer from being held by Civil Servants. The task of temporary land deed officer should be transferred to the head of village, since the head of village’s position has already been acknowledged and accommodated in the land deed officer’s rules as temporary land deed officer. This alternative is considered to provide more legal certainty and an ideal solution to the status of temporary land deed officer. Therefore, it is recommended to stakeholders in the land sector, on matters regarding the land deed officer, to conduct further assessment on this idea in order to be implemented in the assignment of temporary land deed officer in Indonesia. AbstrakPasca berlakunya Peraturan Pemerintah Nomor 24 Tahun 2016, aturan mengenai rangkap jabatan sebagai pegawai negeri menjadi salah satu substansi yang diatur Peraturan Pemerintah itu. Adanya ketentuan itu telah menimbulkan kekaburan norma atas kedudukan Camat sebagai PPAT Sementara dalam membuat akta otentik dibidang pertanahan. Bertolak dari isu hukum itu, artikel ini ditulis dengan tujuan untuk mengetahui status kekuatan kepastian hukum Camat sebagai PPAT Sementara dan menawarkan konsep yang seharusnya dilaksanakan dalam pemangkuan jabatan PPAT Sementara. Hasil penelitian menunjukkan bahwa dalam Peraturan Pemerintah Nomor 24 Tahun 2016 terdapat ketidakpastian hukum dalam rumusan pasalnya sebagai akibat adanya kekaburan norma hukum atas penyelenggaraan jabatan PPAT Sementara. Kekaburan itu terlihat dari penunjukan PPAT Sementara kepada Camat, dimana Camat merupakan Pejabat Tata Usaha Negara yang bertentangan dengan aturan Jabatan PPAT yang melarang PPAT diselenggarakan oleh Pegawai Negeri Sipil. Seharusnya pengembanan PPAT Sementara itu dialihkan kepada kepala desa, dimana keberadaan kepala desa itu juga diakomodasi dalam ketentuan jabatan PPAT sebagai PPAT Sementara. Hal itu dianggap lebih memberikan kepastian hukum dan merupakan solusi ideal dalam pemangkuan PPAT Sementara. Oleh sebab itu, disarankan kepada pemangku kepentingan dibidang pertanahan, khususnya di bidang PPAT agar dapat melakukan pengkajian atas gagasan ini untuk diimplementasikan terhadap pemangkuan jabatan PPAT Sementara di Indonesia.

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

scholarly journals Land Registration as a Legal Construction of Law in Order to Facing Asean Economic Communities

2018 ◽  
Vol 6 (2) ◽  
pp. 198-207
Author(s):  
Sri Ahyani
Keyword(s):  
Domestic Investment ◽  
Legal Certainty ◽  
Economic Community ◽  
Business World ◽  
Land Registration ◽  
Legal Norms ◽  
The Status ◽  
Legal Construction ◽  
The Government ◽  
Asean Economic Community

This article discusses the land registration as a legal construction of law in order to facing Asean economic communities The problems in this study are: (1) What is the Government's policy in solving the problem of land registration in Indonesia so that it can provide certainty for the business world in increasing domestic investment in welcoming the ASEAN Economic Community? (2) How is the implementation of state policies in land registration to provide an investment climate with legal certainty related to land issues? This research uses a normative juridical approach, by analyzing and interpreting theoretical matters concerning principles, conceptions, theories and legal norms relating to land registration. The results of the study show that the government needs to create legal certainty regarding land issues so that it can provide investment excitement for the business world in increasing domestic investment in the atmosphere of the ASEAN Economic Community. The guarantee of legal certainty to be realized in this land registration includes certainty of the status of land rights, certainty of legal subjects, and certainty of legal objects.

scholarly journals NATIONAL LAW DEVELOPMENT IN NEW NORMAL ERA

2020 ◽  
Vol 13 (2) ◽  
pp. 87-107
Author(s):  
Benny Riyanto
Keyword(s):  
Public Health ◽  
Legal System ◽  
Economic Life ◽  
Digital Networks ◽  
Legal Certainty ◽  
New Normal ◽  
New Era ◽  
Legal Perspective ◽  
State Administration ◽  
The Status

According to legal perspective, the Government’s plan to implement New Normal desires to restore economic life and public health as a manifestation of the fulfillment of citizens’ rights. From the description above, this paper will discuss several things, namely how the readiness of national Law to welcome the new normal era; how the constitutional legal system in the new era is normal; how is the urgency of structuring national regulations in the new normal era; and, how the influence of the new normal era for legal politics and public legal awareness. By using the normative juridical method, it can be concluded that the status of COVID-19 pandemic in Law is marked by the issuance of various legislative products to provide legal certainty of the Government’s policy to overcome COVID-19 and implement New Normal policy. The practice of state administration is increasingly being carried out in the executive, legislative, and judiciary environments by utilizing digital networks through application facilities that provide virtual me eting services.

scholarly journals Optimizing The Role of The Consumer Dispute Resolution Agency (BPSK) Through The Reformulation of Government Regulation No. 80 Of 2019 Concerning Trade Through Electronic Systems in The Order of Making Legal Sure

2020 ◽  
Vol 19 (3) ◽  
pp. 810
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Low Cost ◽  
Electronic Systems ◽  
Alternative Mechanism ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Principles ◽  
Dispute Resolution Mechanism

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.

scholarly journals THE SALARY OF PUBLIC SERVANTS IN MACEDONIA (DE LEGE AND DE FACTO)

2019 ◽  
Vol 31 (1) ◽  
pp. 351-354
Author(s):  
Florina Bakievska ◽  
Mimoza Bakievska
Keyword(s):  
General Assumption ◽  
Civil Servants ◽  
Public Official ◽  
Public Servants ◽  
Professional Literature ◽  
Legal Norms ◽  
Legal Provisions ◽  
Selective Approach ◽  
The Status ◽  
The Right

The subject of this paper is the salary of public servants as an institut of economic and legal nature, the manner of its establishment, the basis, as well as the legal criteria on which the calculation is based. The general assumption is that administrative officials in our country are divided into two large groups depending on whether they are employed in state bodies and local government bodies (civil servants) or in a public sector institution that performs public service (public servants). Considering the fact that it is the same type of employees who perform public interest matters, the assumption is the existence of de lege equal salary for an equal qualification level and title. The legal treatment of this institute refers to the conclusion that there is no imbalance in the result of all the determined parameters and criteria. But the direct application of the same provisions of the same law shows the presence of practical inconsistencies and different results for the same phenomenon, ie, an unequal salary for the same group of administrative officials. The idea is to perceive the selective approach in the application of such legal provisions and the consequences of such discriminatory potency. This means that there are situations where there is no equitable salary. The occurrence is more frequent when the administrative public official requests de facto application of the legal norms regarding the establishment of his salary according to the status of an official, thus starting the period of application of the right to equal access in determining the amount of salary of the administrative officials in accordance with the law. This research implements the method of analysis of the content of laws and other professional literature, as well as the still small number of filed and completed court cases in labor disputes. The results point to the conclusion that there is an equal legal basis but an unequal approach in calculating the salary of public and civil servants.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Water quality status of rivers in the coastal city of Manado, North Sulawesi Province, Indonesia

2014 ◽  
pp. 8
Author(s):  
Markus T Lasut ◽  
Adianse Tarigan
Keyword(s):  
Escherichia Coli ◽  
Water Quality ◽  
Government Regulation ◽  
Organic N ◽  
Coastal City ◽  
North Sulawesi ◽  
The Status ◽  
Water Quality Status ◽  
The Government ◽  
Quality Status

A study on water quality status of three riverine systems, S. Bailang (SB), S. Maasing (SM), and S. Tondano (ST), in coastal city of Manado, North Sulawesi Province, has been conducted to measure several water quality parameters, to analyse source and quality of wastewater discharge, and to assess the status of the rivers related to the water quality. Measurement of the parameters was conducted using three indicators, i.e. organic (BOD5) and in-organic (N-NO3 and P-PO4), and pathogenic microorganism (Escherichia coli [EC] and total coliform [TC]). The result showed that the level of water quality varied between the rivers. The average level of water quality (based on the observed parameters) in SB, respectively, was 0.317 mg/l, 0.093 mg/l, 2 mg/l, >2420 MPN, and  >2420 MPN; in SM, respectively, was 0.029 mg/l, 1.859 mg/l, 17.7 mg/l, >2420 MPN, and >2420 MPN; and in ST, respectively, was 0.299 mg/l, 0.252 mg/l, 3.5 mg/l, >2420 MPN, and >2420 MPN. The level of water quality between the rivers was not significantly different (p>0.05), except based on the parameter of N-NO3 which was significantly different (p<0.01). The status of the observed rivers varied based on the classes of their water utilities (according to the Government Regulation of Indonesia, No. 82, 2001); mostly was "unsuitable". Kajian tentang status kualitas air di 3 perairan sungai di kota pesisir Manado, S. Bailang (SB), S. Maasing (SM), dan S. Tondano (ST), Provinsi Sulawesi Utara, telah dilakukan yang bertujuan untuk mengukur beberapa parameter kualitas air, menganalisis sumber dan kualitas buangan limbah domestik, dan menilai status ketiga perairan sungai tersebut. Tiga indikator digunakan, yaitu: bahan organik (BOD5), bahan anorganik (N-NO3 dan P-PO4), dan mikroorganisme patogenik (Escherichia coli [EC] dan coliform total [TC]). Hasil kajian menunjukkan bahwa tingkat kualitas air perairan tersebut berbeda-beda. Konsentrasi rerata parameter kualitas air  (BOD5, N-NO3, P-PO4, EC, dan TC) di SB, berturut-turut, sebesar 0.317 mg/l, 0.093 mg/l, 2 mg/l, >2420 MPN, dan >2420 MPN; di SM, berturut-turut, sebesar 0.029 mg/l, 1.859 mg/l, 17.7 mg/l, >2420 MPN, dan >2420 MPN; dan di ST, berturut-turut, sebesar 0.299 mg/l, 0.252 mg/l, 3.5 mg/l, >2420 MPN, dan >2420 MPN. Konsentrasi kualitas air ketiga sungai tersebut tidak berbeda secara signifikan (p>0.05), kecuali parameter N-NO3 (p<0.01). Secara umum, kondisi kualitas air ketiga sungai tersebut, menurut Peraturan Pemerintah No. 82, 2001) berada dalam status “tidak cocok” untuk peruntukannya.

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