scholarly journals Pengawasan terhadap Bank Tanah: Urgensi, Kewenangan, dan Mekanisme

2021 ◽  
Vol 4 (1) ◽  
pp. 191-211
Author(s):  
Rosdalina Bukido ◽  
Hasyim Sofyan Lahilote ◽  
Irwansyah Irwansyah

The Omnibus Law for Job Creation establishes a special agency called the land bank agency that manages state land, including planning, acquisition, procurement, management, utilization, and distribution of land. This article revisits on how urgent this land bank is and how its supervisory powers and mechanisms are implemented. This article demonstrates that the formation of the land bank is actually related to problems in land acquisition, especially those intended for infrastructure development, which has triggered land liberalization and caused the increase of land price. Therefore, the land bank is urgent to ensure the availability of land for various development purposes in the future, budget efficiency, as well as to avoid conflicts in the land acquisition process and reduce the side effects of land liberalization. In order to encourage the land bank play its role and function as intended in its formation, good and efficient supervision is also needed. So far, it has been stated in the Omnibus Law for Job Creation that internal supervision is carried out by the supervisory board. Taking into account the relationship of the land bank and the supervisory board with other agencies or institutions that carry out the functions of land and bank as well as their supervision, like the one by the National Land Agency and the Financial Service Authority, it is necessary to have clarity on each role and function to avoid overlap. Abstrak UU Cipta Kerja membentuk badan khusus yang mengelola tanah, yaitu badan bank tanah, yang berfungsi melaksanakan perencanaan, perolehan, pengadaan, pengelolaan, pemanfaatan, dan pendistribusian tanah. Dalam artikel ini dibahas apa sebetulnya urgensi bank tanah ini dan bagaimana pula kewenangan dan mekanisme pengawasannya. Artikel ini memperlihatkan pembentukan bank tanah sebetulnya terkait dengan permasalahan dalam pengadaan tanah terutama yang diperuntukkan bagi pembangunan infrastruktur, sehingga memicu terjadinya liberalisasi tanah dan mengakibatkan harga tanah melambung tinggi. Karena itu, bank tanah urgen dalam rangka menjamin ketersediaan tanah untuk berbagai keperluan pembangunan di masa yang akan datang, efisiensi anggaran, serta mengurangi konflik dalam proses pembebasan tanah dan dampak buruk liberalisasi tanah. Dalam rangka mendorong agar bank tanah berperan dan berfungsi sebagaimana dikehendaki dalam pembentukannya, maka diperlukan pengawasan yang baik dan efisien pula. Sejauh ini dalam UU Cipta disebutkan pengawasan dilakukan secara internal oleh dewan pengawas. Dengan mempertimbangkan adanya keterkaitan bank tanah dan dewan pengawas ini dengan badan atau lembaga lainnya yang menjalankan fungsi pertanahan dan bank serta pengawasannya juga, misal Badan Pertanahan Nasional dan Otoritas Jasa Keuangan, maka adanya kejelasan terhadap masing-masing peran dan fungsi sangatlah diperlukan, agar tidak malah terjadi tumpang tindih.

2009 ◽  
pp. 163-172
Author(s):  
Angelo Abignente

- The positive law tradition has hitherto had nothing to say about the legal profession's role and function, focusing more interest on questions of justice, of the legitimisation of power and of the genesis and organisation of normative material. This trend is now subject to a reversal promoted by new, neo-constitutionalist, narrativist, analytical and hermeneutic experiences, which no longer focuses attention on the moment when law is produced, but on the one when it is applied, reappraising and revitalising the function of the judge, of the attorneys and of other legal professionals. The attorney becomes an active protagonist, an intermediary not only between conflicting interests in a controversy, but also between opposing public interests, while the reappraisal of his role stimulates thinking about the ethical dimension of how the legal profession is practised. Referring to the theories of Habermas and of Alexy, the author treats the reasonable status of argumentation as the supreme ethical instance necessary for a decision that interferes in the sphere of another person's action. At the same time, however, the control of the reasonable status of the respective arguments on both sides is the ethical instance required of the attorneys taking part in the legal proceedings. It takes the form of compliance with the rules characteristic of the practical discourse, primarily the rule of free discursive participation that enables the onus of the argumentation to be explained. Ernesto de


2019 ◽  
Vol 16 (1) ◽  
pp. 142-153
Author(s):  
Anna Triayudha ◽  
Rateh Ninik Pramitasary ◽  
Hermansyah Akbar Anas ◽  
Choirul Mahfud

The growth and development of Islamic Education is inseparable from the growth of institutions. The Prophet made it happen by establishing institutions that had a role in developing and advancing Islamic education, one of which was a mosque. Research on the relationship of mosques with the social history of Islamic education is discussed by using descriptive qualitative methods that are oriented to literature review. This paper shows that in the early period of Islamic education, the Prophet provided exemplary by building and empowering mosques. The example of the Prophet continued with the Caliphs afterwards until the present era. The mosque was built by the Prophet from the Al Haram mosque located in Makkah, Quba Mosque located in Quba, Nabawi mosque located in Medina and so on. The role and function of the mosque at that time was as a place of prayer, a place of prayer, a place for discussion or deliberation, a meeting place to develop a war strategy and others related to the problems and needs of Muslims. From time to time, the role or function of the mosque has changed slightly. In essence, mosques are currently influencing the development of the social history of Islamic education in Indonesia.


2018 ◽  
Vol 2 (2) ◽  
pp. 211
Author(s):  
Ulin Nuha

<p><em>This study aims to find out the supervision carried out by the Sharia Supervisory Board, and try to analyze the role and function of the Sharia Supervisory Board in supervising shari'ah financial institutions, especially for ASKOWANU Jepara. This research is descriptive qualitative research, where data collection is carried out from various sources in the form of books, magazines, newspapers and documents related to the supervision of sharia financial institutions.</em><em></em></p><em>The results of this study illustrate that basically the supervision of sharia financial institutions has two systems, namely supervision of aspects: (i) financial conditions, compliance with the provisions of financial institutions in general and prudential principles, and (ii) compliance with sharia principles in the operational activities of institutions Islamic finance. In this regard, the structure of supervision of sharia financial institutions is more multilayer in nature, which would ideally consist of a system of internal supervision carried out by Sharia Supervisory Board, which is more in-depth and carried out so that there are mechanisms and control systems for the interests of management and external supervision systems. by DSN which basically to meet the interests of customers and public interests in general.</em>


2016 ◽  
Vol 8 (4) ◽  
pp. 1047
Author(s):  
Sonja Žakula

The paper offers a semiotic analysis of the narrative of Gabi the dog and the jaguar in the form in which the story appears on the website of the Belgrade zoo. I believe that it is valid to assume that an analysis of this narrative can provide a window into the ways in which meanings of concepts such as ‘wildness’, ‘domesticity’, ‘freedom’, ‘captivity’ and ultimately, ‘nature’ and ‘culture’ are articulated within the context of this institution. On the one hand, I will base the paper on ideas articulated in the field of human-animal relations, and on the other on the methodological postulates of semiotic analysis introduced by Algirdas Julien Greimas and further developed by Dragana Antonijević. The aim of the paper is to, by applying semiotic analysis to the way in which an unusual event at the zoo was narrativized, uncover the deeper structure of thought which underlies the story and reflects and shapes not just the discourse of the Belgrade zoo, but the implicit understanding of the role and function of zoos in Serbia up until the present day.


Humaniora ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 914
Author(s):  
Frederikus Fios

Religion is one exclusive vocabulary in religious. This institution arranges the relationship of religious with God, Devine Substance that was being prayed in mondial religions. Religious, including spiritualists, that accommodated in one religion must have altogether consciousness in an altogether identity that signed their devotional practices, rites, and spiritual practices that they actualized in togetherness circumstances (communal). Religion and spiritualism are elements having special-unique function for groups of people to internalize. A basic question that keeps claiming role and function of religion today that it is challenged to disclose factual experience that could significantly contribute for better quality in social life from time to time. Moreover, actual issue that writer will discuss is discourse related to religious summit experience topic in believe dynamic. It is included in explaining multidimensional aspect that shows religious experience being applied to fix human quality life into positive and also to fulfill hopes of people. 


1969 ◽  
pp. 40 ◽  
Author(s):  
Hugh W. Silverman, Q.C.

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".


Author(s):  
Fahrul Rizki Hidayat ◽  
Lalu Sabardi ◽  
Kurniawan Kurniawan

This study discusses the role and function of the Notary Supervisory Board against the notary who violates the code of ethics and notary position. It applies the empirical legal juridical research method that is carried out by examining the conditions in the field related to the implementation of supervision and guidance of notaries by the Supervisory Board in Mataram City. Based on Article 1 paragraph (6) Law on Notary Position, the Notary Supervisory Board is an institution that has the authority and obligation to carry out guidance and supervision of the notary. In carrying out supervision and guidance, the Minister forms a Supervisory Board consisting of 3 (three) levels which include the Regional Supervisory Board in the city/regency, the Provincial Supervisory Board in the province and the Central Supervisory Board in the capital. Each level consists of 9 (nine) different people; each of 3 (three) people came from government, notary, expert/academic elements. The Supervisory Board has very important roles and functions in law enforcement against notaries in their territories in holding hearings to check for suspected violations of the code of ethics and notary position. Law enforcement can be in the form of preventive measures (supervision) and curative steps (implementation of sanctions). Thus, if the notary commits a violation, the Supervisory Board has the right to examine and sanction him/her. Sanctions can be in the form of written warning, temporary dismissal, respectful dismissal and/or disrespectful dismissal.


2018 ◽  
Vol 4 (1) ◽  
pp. 29-36
Author(s):  
Nyi Mas Gianti Bingah Erbiana

Corporate scandal resulted from bad consideration and weak analysis to create management decision in running company’s business. This paper discusses the supervisory role and function of supervisory board which is begun with the establishment of corporate supervisory function system from two corporate supervisory system in the world: Two-Tier Baord and One-Tier Board. In addition, this paper also explains connection between such supervisory function with the corporate scandal of PT Merpati Nusantara Airlines. Moreover, this paper examines related matters related to significant distinctions between response towards the corporate scandal based on the corporate management supervision. In conclusion, this paper addresses what can we learn from the corporate scandal of PT Merpati Nusantara Airlines and also whether supervision model by board of commissioners are still relevant to control the performance of the company.


2017 ◽  
Author(s):  
Julpikar

The one of House of Representatives’ role (DPR) is overseeing. DPR is as the one of determinant of Indonesia government. DPR has crucial role and function for Indonesia citizen lives in all aspects. In constitution aspect, DPR has role to determine budget together with government. Budgeting function needs to be supervised if it’s not, the Indonesia development program will not be on target. DPR should give the guidance in budgeting process, because it is related of State Budget.


2021 ◽  
Vol 65 (3) ◽  
pp. 91-112
Author(s):  
Paul Vasilescu

Researching the law, as a formal source of legal norms, seams incomplete without portraying the role and function of the discourse about the law itself. Two kinds of texts: the one of the law and another, about-the-law, compose a peculiar discourse (textual or not). We analyse this discourse to know if the law exists by itself, or if it exists only as some kind of law, adjectivated and described.


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