scholarly journals Pendekatan Restorative Justice dalam Penyebaran Berita Bohong (Hoaks) Terkait Covid-19

2021 ◽  
Vol 2 (2) ◽  
pp. 356-360
Author(s):  
I Ketut Arya Darmawan ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Data Collection ◽  
Restorative Justice ◽  
Literature Study ◽  
Legal Research ◽  
Materials Used ◽  
Data Collection Technique ◽  
The Impact ◽  
Research Type

The number of Hoax cases that occurred in the community has increased. Hoax is not only a problem in itself but has a broad impact on various events. Moreover the need for sanctions against those who spread hoax news. This study uses a normative legal research type. The data collection technique in this study was carried out by literature study. Sources of legal materials used are sources of primary legal materials and sources of secondary legal materials in the form of theories, literature, and scientific works. The results of this study indicate that the Restorative Justice approach can be applied to the perpetrators of spreading hoaxes related to Covid-19. The application of Restorative Justice is in accordance with the philosophy of the Indonesian nation, namely Pancasila, especially the 4th precept, which emphasizes deliberation. Sanctions for the perpetrators of spreading hoaxes related to Covid-19 are imprisonment and fines. To reduce the impact of hoaxes circulating on social media, it is better if people filter news so that people as social media users do not violate applicable regulations.  

scholarly journals The Implikasi Penetapan Hutan Laposo Niniconang Watangsoppeng Terhadap Perlindungan Hak Rakyat Atas Tanah

PLENO JURE ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 98-114
Author(s):  
Muhammad Badai Anugrah ◽  
Farida Pattitingi ◽  
Sri Susyanti Nur
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Legal Research ◽  
Reform Policy ◽  
Interview Methods ◽  
The Status ◽  
Traditional Societies ◽  
Materials Used ◽  
Research Type

Penetapan kawasan hutan laposo niniconang menyebabkan konflik agraria antara masyarakat dan Pemerintah selama bertahun-tahun. Hal tersebut menimbulkan ketidakpastian hak atas tanah karena masyarakat yang tinggal di kawasan hutan kehilangan sumber penghidupan yang telah dikelola secara turun-temurun. Atas dasar persoalan tersebut dilakukan penelitian yang bertujuan untuk mengetahui dasar hukum masyarakat melakukan penguasaan tanah. Pendekatan yang dilakukan dalam penelitian ini adalah kajian yuridis empiris. Penelitian artikel ini menggnakan metode penelitian yuridis empiris, menggunakan hasil wawancara untuk diolah an dianalisis dengan menggunakan pendekatan hukum. Hasil dari penelitian menunjukkan bahwa penguasaan tanah yang dilakukan masyarakat meyakinkan bahwa tanah yang mereka kuasai adalah hak milik masyarakat setempat. Akan tetapi, banyaknya petani yang ditangkap membuat kekhawatiran untuk mengelola lahan tersebut. Oleh sebab itu, melalui penelitian ini maka disimpulkan bahwa kebijakan reforma agraria yang komprehensif dibutuhkan untuk penyelesaian konflik-konflik semacam ini. AbstrakThe implications of establishing a forest of Laposo Niniconang Watangsoppeng on the protection of people’s rights to land. This research aims to find out and analyze the status of land rights controlled for generations. The research type is empirical legal research where data collection is carried out by interview methods on several related parties. The legal materials used are primary and secondary legal materials. Furthermore, the data is analyzed qualitatively and presented descriptively. The results showed that traditional societies having lived for generations managing land in forest areas are worried about being arrested by the police. Reflecting on the site, a comprehensive agrarian reform policy is needed for the resolution of forest conflicts.

scholarly journals The Certainty of Return on Investment in the Toll Road Concession Agreement Due to the Replacement of Land Procurement for Toll Road by Using the Bailouts Fund of Toll Road Business Entities

2021 ◽  
Vol 8 (8) ◽  
pp. 249
Author(s):  
Saktia Lesan Dianasari ◽  
Adi Sulistyono ◽  
Hari Purwadi
Keyword(s):  
Data Collection ◽  
Return On Investment ◽  
Secondary Data ◽  
Comparative Approach ◽  
Literature Study ◽  
Legal Research ◽  
Analysis Techniques ◽  
Toll Road ◽  
Business Entities ◽  
Data Collection Technique

This study has purpose to determine the certainty of return on investment in the toll road concession agreements due to the replacement of land procurement for toll road by using the bailout funds of toll road business entities. This study was conducted by using a normative legal research with a comparative approach. The data used in this study were secondary data. The data collection technique in this study was done through literature study. The data were analyzed by using deductive legal material analysis techniques. From the results of the research and studies, it was found that the use of bailouts fund from the toll road business entities was ineffective and there were still some obstacles in its implementation.

BUSINESS COMPETITION IN IMPLEMENTATION GOVERNMENT TENDER

2020 ◽  
Vol 4 (2) ◽  
pp. 34
Author(s):  
Albert Ben Affendy ◽  
Arbina Florenchia ◽  
Dinda Evita ◽  
Ella Lirpa Simaremare
Keyword(s):  
Data Collection ◽  
Business Practice ◽  
Literature Study ◽  
Data Collection Technique ◽  
Research Type

The Business Competition Supervisory Commission (KPPU) has the authority to examine and decide on alleged violations of business competition in tenders under Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices. The results of the study of Case Verdict Number: 34 / KPPU-L / 2009 are that there are several facts that business actors have violated Article 22 of Law Number 5 of 1999 that fulfills elements of conspiracy, the form of conspiracy is vertical collusion and conspiracy horizontal. In Case Decision Number 34 / KPPU-L / 2009 it is shown that a violation of business competition has Elements that can determine that there is an unfair business practice, in this case it is stated that Reported I, Reported II, Reported III, Reported IV, Reported V, Reported VI was proven to have been legally and convinced to have carried out a tender conspiracy. The formulation of the problem in the research is an analysis of the authority of the KPPU and the elements of a tender conspiracy. The type of research that was used in this journal were the Normative Research Type, and the data collection technique used is the literature study

scholarly journals Kekuatan Email Sebagai Alat Bukti dalam Proses Persidangan Perkara Perdata

2021 ◽  
Vol 2 (3) ◽  
pp. 611-617
Author(s):  
Cokorda Agung Cahaya Darmadi ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Rapid Development ◽  
Legal Aspects ◽  
Literature Study ◽  
Legal Research ◽  
Physical Evidence ◽  
Valid Evidence ◽  
The Law ◽  
Materials Used ◽  
E Mail ◽  
Research Type

The rapid development of technology and telecommunications makes it easier for someone to send a letter via e-mail because the use of e-mail is considered cheap and fast. In addition, the data that we send via email will be stored, so that if at any time there is a problem related to the letter, it is easy to find physical evidence of the letter in the email. From this phenomenon, this research was conducted with the aim of examining how to prove the use of email based on the ITE Law and examine the strength of email in the trial process when it is associated with article 1866 of the Civil Code. This study uses a normative legal research type by applying the legislation approach and the case approach. The legal materials used are primary, secondary and tertiary obtained through literature study. After the data is collected, the data is processed by descriptive qualitative analysis. The results of the study show that e-mail verification as evidence in civil case trials can be used in trials regarding the legal aspects of e-mail application in enforcing the law. With the development of today's technology through communication media known as the internet, it has changed the way of thinking and acting which then has an impact on the law. The strength of e-mail evidence as a process of proof in court when it is associated with Article 164 HIR regarding valid evidence.

scholarly journals Tanggung Jawab Notaris Dalam Pembuatan Akta Perjanjian Nominee Dalam Kaitannya Dengan Kepemilikan Tanah Oleh Warga Negara Asing Di Lombok

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 43
Author(s):  
M. Edwin Azhari ◽  
Djauhari Djauhari
Keyword(s):  
Data Collection ◽  
Property Rights ◽  
Field Data ◽  
Code Of Ethics ◽  
Legal Issue ◽  
Literature Study ◽  
Legal Research ◽  
Empirical Law ◽  
Materials Used ◽  
Legal Consequences

ABSTRAKPenelitian ini menggunakan pendekatan hukum yuridis-empiris (sosio-legal research). Jenis penelitian hukum empiris merupakan jenis penelitian yang menganalisa suatu permasalahan hukum atau isu hukum berdasarkan suatu permasalahan yang ada dalam masyarakat itu sendiri dengan cara mendapatkan data lapangan. Bahan hukum yang digunakan dalam penelitian ini adalah bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Teknik pengumpulan data yang digunakan adalah studi kepustakaan, yang didukung data lapangan melalui observasi dan wawancara.Bentuk perjanjian nominee yang dibuat oleh warga negara asing dengan warga negara Indonesia di Lombok, yaitu dibuat dengan akta otentik oleh Notaris, melalui akta jual beli dengan menggunakan nama warga negara Indonesia selanjutnya melahirkan perjanjian-perjanjian lainnya. Bentuk pertanggungjawaban notaris terhadap perjanjian nominee yang dibuatnya yaitu tanggung jawab secara Perdata, Pidana dan Kode Etik. Akibat hukum dari perjanjian nominee yang dibuat oleh Notaris tersebut merupakan perbuatan penyelundupan hukum yang bertentangan dengan ketentuan peraturan perundang-undangan yang berakibat perjanjian nominee batal demi hukum.Kata Kunci : Perjanjian, Hak Milik, Nominee.ABSTRACTThis research uses juridical-empirical legal approach (socio-legal research). The type of research empirical law is a type of research that analyzes a legal issue or legal issue based on a problem that exists within the community itself by obtaining field data. The legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques used are literature study, supported by field data through observation and interview. The form of a nominee agreement made by a foreign citizen with an Indonesian citizen in Lombok, which is made by an authentic deed by a Notary, through the deed of sale and purchase using the name of the Indonesian citizen subsequently gave birth to other agreements. Forms of responsibility of a notary to the nominee agreement he made, namely, Civil, Criminal and Code of Ethics. The legal consequences of the nominee agreement made by the Notary are legal smuggling acts contrary to the provisions of laws and regulations which result in the nominee agreement null and void.Keyword : Legal Agreement, Property Rights, Nominee.

scholarly journals Bipatride for Indonesian Diaspora

2018 ◽  
Vol 2 (1) ◽  
pp. 26-39
Author(s):  
Tom Alfa Samuel Reumi
Keyword(s):  
Data Collection ◽  
Literature Study ◽  
Legal Research ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Material Analysis ◽  
The Status ◽  
Approach Method ◽  
Data Collection Technique

This study aims to determine the status of dual citizenship law (bipatride) for overseas Indonesian overseas (Diaspora). This research is prescriptive legal research with normative juridical approach method in the form of research on the principle of citizenship law with data collection technique through literature study in the form of primary, secondary and tertiary law material with qualitative legal material analysis. The results of the study show that Law No. 12 of 2006 on Citizenship recognizes only limited dual citizenship that the status of the Diaspora citizenship is limited. However, there is a need for further regulation regarding the limitation of the use of this limited dual citizenship because in the Act does not regulate the consequences of circumstances that allow a person to not choose one of his nationalities in the event that the person has limited dual citizenship status.

scholarly journals Papua Land of Peace As a Humanitarian Program For Local People In Unitary State Republic of Indonesia

2018 ◽  
Vol 2 (1) ◽  
pp. 52-66
Author(s):  
Joram Wambrauw
Keyword(s):  
Data Collection ◽  
Qualitative Analysis ◽  
Local People ◽  
Literature Study ◽  
Legal Research ◽  
Unitary State ◽  
Approach Method ◽  
Data Collection Technique

This study aims for the actual problems in the field of politics, law and security in the context of Papua Land of Peace. This research is prescriptive legal research with normative juridical approach method in the form of research on the principle with data collection technique through literature study in the form of primary, secondary and tertiary legal material with qualitative analysis of legal materials. The results of the study show that Papua Land of Peace is a humanitarian program to protect the Papuan people who inhabit it, as well as to protect it as citizens of Indonesia in the NKRI container. Therefore it is necessary to be well and carefully identified various matters which are the factors causing the situation in which Papua will not become a Land of peace.

scholarly journals DISPUTE RESOLUTION OF INHERITANCE DISTRIBUTION FOR THE SUBSTITUTE HEIR IN TERMS OF ISLAMIC LAW

2021 ◽  
Vol 11 (1) ◽  
pp. 97-109
Author(s):  
Putri Larasati ◽  
M. Darudin ◽  
Sirman Dahwal
Keyword(s):  
Data Collection ◽  
Dispute Resolution ◽  
Research Methodology ◽  
Islamic Law ◽  
Mediation Process ◽  
Literature Study ◽  
Legal Research ◽  
Litigation Process ◽  
Data Collection Technique ◽  
Settlement Of Disputes

This study was aimed to determine the settlement of disputes regarding the distribution of inheritance to substitute heirs left by their grandparents in terms of Islamic law and to determine the position of substitute heirs for the assets according to Al-Quran and Hadith provisions. The data collection technique used in this study was a normative legal research methodology based on a literature study. From this research, it is known that (a) The rights of grandchildren as substitute heirs to replace their deceased parents are the same as the rights which obtained by their mother's sister. It caused by the 2 sons and 3 daughters so that the distribution of inheritance is based on a ratio of 2:1. In accordance with the provisions of Q.S An-Nisaa'/7:4. To give the inheritance to a grandchild who replaces their deceased parents’ position, he/she can use a mandatory will so that he/she can receive the inheritance left by their grandparents. And if there is a dispute regarding the distribution of inheritance to the replacement heirs, it should be resolved by a mediation process as a tools of dispute resolution because it is considered as faster, easier, and less costly than the litigation process, (b) Al-Quran does not regulate the provisions regarding substitute heirs, but the Article 185 of the Islamic Law Compilation stipulates that the substitute heirs can replace their parents and the asset share of substitute heirs,must not exceed the share of the heirs which is equal to was replaced.

scholarly journals EKSISTENSI TARI BATIN KEMUNING DI KECAMATAN TEMBILAHAN

2020 ◽  
Vol 10 (1) ◽  
pp. 202
Author(s):  
Zulmi Irvanda ◽  
Susmiarti Susmiarti
Keyword(s):  
Qualitative Research ◽  
Social Media ◽  
Data Collection ◽  
Descriptive Analysis ◽  
Youth Sports ◽  
Analysis Method ◽  
Literature Study ◽  
Foreign Countries ◽  
Data Collection Technique ◽  
Main Instrument

This study aims to describe and analyze the existence of the Batin Kemuning Dance in Tembilahan District. This type of research is a qualitative research with a descriptive analysis method. The main instrument in this study is the researcher himself and is assisted by supporting instruments such as writing instruments and cameras. The data collection technique is done by means of literature study, observation, interview and documentation. The steps in analyzing data are collecting data, presenting data, drawing conclusions. The results showed that the Batin Kemuning Dance is a Malay creation dance created to participate in the 2007 Nusantara Dance Parade at Sanggar Sri Gemilang, Tembilahan District. In 2008-2010, Batin Kemuning Dance was always used at events organized by the Tourism, Youth, Sports and Culture Office (DISPARPORABUD) of Indragiri Hilir Regency to perform inside, outside the region to foreign countries. In 2011-2013, Batin Kemuning Dance experienced a decline because Sanggar Sri Gemilang tried to perform another dance, but in this span of this year, the Batin Kemuning Dance actually developed on social media (Youtube). In 2014-2019, Batin Kemuning Dance was always used again at government events managed by DISPARPORABUD. In 2020 the Batin Kemuning Dance was not performed due to the Covid-19 virus outbreak where all events were canceled.Keywords : existence, Batin Kemuning Dance

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

2021 ◽  
Vol 3 (1) ◽  
pp. 12-21
Author(s):  
Soleh Hasan Wahid ◽  
Harum Mudrikah Mahsun
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Breach Of Contract ◽  
Library Research ◽  
Security Holder ◽  
Approach Method ◽  
Data Collection Technique ◽  
Research Type

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

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