scholarly journals The Urgency of Village Mediation Institution as a Mechanism for Dispute Resolution: The Case of Wukirsari Village in the Special Region of Yogyakarta

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Ilham Yuli Isdiyanto ◽  
Anom Wahyu Asmorojati
Keyword(s):  
Dispute Resolution ◽  
Legal Basis ◽  
The Third ◽  
The Status ◽  
Village Government ◽  
Dispute Resolution Mechanism ◽  
Village Society ◽  
The Village ◽  
Prescriptive Analysis ◽  
Special Region

This research discusses an important issue in the rural administration, that is the urgency of institution transformation of the status and position of the Village Head in dispute resolution among villagers. The purpose of this research is to highlight the urgency of institutionalization of dispute resolution through the Village Mediation Institution. The first concern is to find the status and legal basis of the Institution; the second is to describe the urgency of establishing this institution as a dispute resolution mechanism among villagers; and the third is to build the model or system that matches with the condition in Wukirsari. The research method used was a normative-empirical-concept and the data were analyzed qualitatively to be presented as a descriptive-prescriptive analysis. The result of this research shows that there is an urgency for Wukirsari Village government to form a Village Mediation Institution due to socio-geographic considerations and also as an implementation of Article 26 paragraph (4) letter K of Village Law No. 6 of 2014. The Village Mediation Institution in Wukirsari Village should consist of a balance composition between the elements of Village Government and professionals so that it will become an effective and efficient institution in resolving disputes among the members of Wukirsari Village society.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals THE AUTHORITY OF VILLAGE CREDIT UNION AS THE SUBJECT OF LIABILITY RIGHTS

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ngurah Wairocana ◽  
Putu Gede Arya Sumerthayasa ◽  
Jeanne Wiryandani Ratmaningrum
Keyword(s):  
Credit Union ◽  
Normative Study ◽  
Legal Subject ◽  
Legal Norms ◽  
The Third ◽  
The Status ◽  
The Subject ◽  
The One ◽  
Legal Discovery ◽  
The Village

According to the Bali Provincial Regulation No. 8 concerning Village Credit Union (hereinafter referred to as LPD) Article 2 paragraph (1) states that: LPD is a village-owned financial union conducting business in the village and for the benefit of the villagers. This is confirmed by the presence of the Decision of the Third Big Meeting by Village Assembly (MDP) Bali No. 009 / SK-PA III / MDP Bali /Vffl /2014 Article I paragraph (1), namely, the Village Credit Union is one of the possessions of the village. This type of research used in this thesis is a normative study. Normative study is the one that examines the level of legal norms, finding the non-existence of the LPD status as a legal subject of liability rights, so there is a legal vacuum in which the status of the LPD as the subject of a liability rights is not stipulated in the legislation and these problems will be a legal discovery. LPD is the possession of the village, so LPD cannot be the legal subject of liability right because the village itself has not been the subject of law. So the security liability agreement made by LPD is invalid because it does not qualify his legitimate agreements written in Article 1320 paragraph (4) of Civil Code regarding lawful cause or legal cause.

scholarly journals Analysis of Main Components Status of Food Security at Village/Sub-District Level in Yogyakarta Special Region

2020 ◽  
Vol 6 (1) ◽  
pp. 30-37
Author(s):  
Parwodiwiyono Suparna
Keyword(s):  
Food Security ◽  
Human Life ◽  
Secondary Data ◽  
Principal Component ◽  
District Level ◽  
Food Security Status ◽  
The Status ◽  
Main Components ◽  
The Village ◽  
Special Region

Food is a basic aspect of the needs of human life to ensure the survival of individuals and communities. The realization of national food security starts from the fulfillment of food in the smallest region, namely the village /sub-districts. The objectives of the analysis using the principal component method are (1) to describe the main components of the status of food security at the village/sub-districts level; (2) to grouping villages/sub-districts based on food security status in the Yogyakarta Special Region. The data source of analysis comes from secondary data (Podes 2018). From the analysis produced several things, namely: (1) the main components of the status of food security at the village/sub-district level in the Yogyakarta Special Region there are five, namely affordability/access, food availability, environmental health, guaranteed access, and utilization of food; (2) village/sub-districts typology based on the status of food security in the Yogyakarta Special Region, namely 4: (a) food insecurity covering 55 villages/sub-districts (b) less resistant to 169 villages/sub-districts; (c) typologies 3 are vulnerable to cover 170 villages/sub-districts; (d) food-resistant typology covering 44 villages/sub-districts.

scholarly journals The Anomaly of the Village Government in Establishing Village Owned Enterprise

2018 ◽  
Vol 4 (2) ◽  
pp. 256
Author(s):  
Busyra Azheri ◽  
Upita Anggunsuri
Keyword(s):  
Economic Community ◽  
Legal Entity ◽  
The Status ◽  
The Government ◽  
Village Government ◽  
Consultative Body ◽  
The Village

Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The result of the village consultative meeting is implemented in form Village Regulation. However, it causes anomaly related to the status of Village Owned Enterprise, because it does not have to be legal entity in Regulation of Ministry of Villages meanwhile it has to be legal entity in Regulation of Minister of Home Affairs No. 39 of 2010 on Village Owned Enterprise.

scholarly journals PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ario Patra Nugraha ◽  
Chamim Tohari
Keyword(s):  
Qualitative Research ◽  
Land Use ◽  
Land Rights ◽  
Land Ownership ◽  
Legal Research ◽  
The Status ◽  
Customary Rights ◽  
Village Government ◽  
The Village

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

scholarly journals IMPLEMENTASI KEBIJAKAN ALOKASI DANA DESA DAN DANA DESA TERHADAP PEMBANGUNAN DI DESA TATELU RONDOR KECAMATAN DIMEMBE KABUPATEN MINAHASA UTARA

2018 ◽  
Vol 3 (2) ◽  
pp. 96-116
Author(s):  
Stenly Pangerapan
Keyword(s):  
Physical Development ◽  
Regional Government ◽  
Fund Allocation ◽  
Government Institutions ◽  
The Third ◽  
District Government ◽  
Village Government ◽  
Correct Understanding ◽  
The Village ◽  
Supervisory Mentoring

Allocation of Village Funds including Village Funds in its implementation is carried out by several regional government institutions, namely the first local government itself as the regulator or policy maker of use and utilization, secondly the sub-district government and related technical agencies that play a supervisory, mentoring and facilitator role and the third and final is the village government itself as the recipient, user and user of the fund. the implementation of village fund allocation policies in development in the village of Tatelu Rondor, Dimembe Subdistrict, North Minahasa Regency through physical development in the village did not work well, this condition was based on facts namely lack of proper and correct understanding of village government, unavailability of resources adequate in supporting the smooth implementation of village fund allocation policies, lack of communication in supporting implementation activities, lack of support from some village officials and the community, and bureaucratic structures often hampered.

scholarly journals KENDALA PERUBAHAN STATUS BADAN KREDIT DESA MENJADI LEMBAGA KEUANGAN MIKRO DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

2020 ◽  
Vol 18 (2) ◽  
pp. 365
Author(s):  
A. Zaky Fuad ◽  
Risma Nur Arifah
Keyword(s):  
Human Resources ◽  
Islamic Law ◽  
Asset Ownership ◽  
Status Change ◽  
Ownership Status ◽  
The Status ◽  
Credit Agency ◽  
The Government ◽  
Village Government ◽  
The Village

POJK Number 10/POJK.03/2016 about fulfilment rules Credit Bank of People and transformation, BKD to commit a process of Credit Bank of People explain that BKD (Village Credit Agency) an effort reinforcement institutions that have legal entities. In practice, this transformation is not easy, a recurring obstacle among others accordance asset ownership status. This research is study of empirical law with with a socilogical juridical approach, a concept approach, and a legislation approach. The results showed that the constraints of status changes that occurred in BUMDES in Genteng Subdistrict has several factors, including unclear regulations punlished by the government related to the mechanisms of transforming BKD into BUMDES, management of Human Resources (HR) which was not maximized, lack of response and support from the community. While efforts to resolve the status change constraints include the village government giving concrete understanding of the community related to changing the status of the BKD into BUMDES, uniting the vision and mission of the organizer, holding a discussion forum with several layers related and involved in the process of transferring status. While efforts to resolve constraint by Islamic law with holding a consensus deliberation for common wealth which in the end BKD in Banyuwangi Regency agreed to do cooperation between BUMDES which in this case BUMDES together trough PT. BKD Banyuwangi in order to save assets.

scholarly journals PARTICIPATION OF BRAYUT VILLAGE SOCIETY ON THE DEVELOPMENT OF TOURISM VILLAGE BASED ON ECOTOURISM AS A REPRESENTATION OF HUMAN NATURE PHILOSOPHY

2018 ◽  
Vol 8 (1) ◽  
pp. 9
Author(s):  
Fadhila Rachmadani
Keyword(s):  
Human Nature ◽  
Environmental Crisis ◽  
The Public ◽  
The Earth ◽  
Study Case ◽  
Tourist Village ◽  
Human Responsibility ◽  
Village Society ◽  
The Village ◽  
Special Region

The environmental crisis is a problem that has a serious impact for life on the earth. Drought, climate change, and environmental degradation are the part of the environmental crisis which is caused by human intervention to the environment. This paper is discussesed a study case about participation of Brayut Village society, Pendowoharjo, Sleman, Yogyakarta Special Region in developing of tourist village based on ecotourism. Brayut has developed the village based on ecotourism in order to maintain the natural conservation which is concern on agriculture. The participation of Brayut society in the implementation of ecotourism is represents environmental awareness attitude which is deliver a point to the public about a response to the environment crisis in Pendowoharjo, Sleman, Yogyakarta Special Region. Also as a reflection of human nature philosophy that shows a human responsibility to the environment.

IMPLEMENTASI KEBIJAKAN ALOKASI DANA DESA DAN DANA DESA TERHADAP PEMBANGUNAN DI DESA TATELU RONDOR KECAMATAN DIMEMBE KABUPATEN MINAHASA UTARA

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Stenly Pangerapan
Keyword(s):  
Physical Development ◽  
Regional Government ◽  
Fund Allocation ◽  
Government Institutions ◽  
The Third ◽  
District Government ◽  
Village Government ◽  
Correct Understanding ◽  
The Village ◽  
Supervisory Mentoring

Allocation of Village Funds including Village Funds in its implementation is carried out by several regional government institutions, namely the first local government itself as the regulator or policy maker of use and utilization, secondly the sub-district government and related technical agencies that play a supervisory, mentoring and facilitator role and the third and final is the village government itself as the recipient, user and user of the fund. the implementation of village fund allocation policies in development in the village of Tatelu Rondor, Dimembe Subdistrict, North Minahasa Regency through physical development in the village did not work well, this condition was based on facts namely lack of proper and correct understanding of village government, unavailability of resources adequate in supporting the smooth implementation of village fund allocation policies, lack of communication in supporting implementation activities, lack of support from some village officials and the community, and bureaucratic structures often hampered

scholarly journals Singapore Convention on Mediation and Its Ratification in China

2021 ◽  
Vol 4 (4) ◽  
pp. 55-59
Author(s):  
Yatian Yin
Keyword(s):  
Dispute Resolution ◽  
Status Quo ◽  
Domestic Courts ◽  
The Status ◽  
Settlement Agreements ◽  
Belt And Road ◽  
Mediation System ◽  
United Nations Convention ◽  
Dispute Resolution Mechanism ◽  
The Belt And Road

China has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, namely the Singapore Convention on Mediation, on August 7, 2019, making it possible for China’s domestic courts to resolve international commercial disputes by implementing settlement agreements resulting from international commercial mediation. Relying on the Belt and Road Initiative (BRI), numerous commercial mediation organizations have successively established and integrated mediation into the international commercial dispute resolution mechanism in making effort for the internationalization of China’s commercial mediation system under the background of improving diversified dispute resolution mechanisms. Based on the status quo of commercial mediation in China, this article focuses on the connection and convergence between China’s practice and the principle of the Convention, as well as discusses the rationality for its ratification.

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