scholarly journals Penataan Perizinan Dan Status Perkebunan Tanpa HGU di Sulawesi-Selatan

2020 ◽  
Vol 2 (2) ◽  
pp. 97
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
The State ◽  
Forest Area ◽  
Conceptual Approach ◽  
Land Clearing ◽  
The Status ◽  
The Law

AbstractThis study examines two things, namely the status of state land granted to PTPN XIV, which has expired its HGU and licensing arrangements in the plantation sector, this research uses jurist normative research using a law editor and a conceptual approach. With regard to the PTPN XIV HGU, it is clear that the problems arose due to the unclear land status after the expiration of the HGU permit. From the perspective of the law, it is very clear that land that has expired its HGU is the obligation of PTPN XIV to return it to the state as the party that grants the permit. Improvement of the plantation licensing chain starting from location permits, forest area release permits, plantation business permits, cultivation plantation permits, processing plantation business permits, land clearing permits.Keywords: Business Use Rights, Licensing, Plantation. AbstrakPenelitian ini mengakaji bertujuan mengkaji dua hal yakni status lahan negara yang diberikan kepada PTPN XIV yang telah masa habis masa HGU nya dan penataan perizinan dibidang perkebunan, penelitian ini menggunakan penelitian normative yuris dengan menggunakan pendekan undang-undang dan pendekatan konseptual. Permasalahan tentang HGU PTPN XIV, sudah jelas bahwa masalah yang muncul akibat ketidakjelasan status tanah pasca berakhirnya izin HGU tersebut.  dari pandangan aturan hukumya sudah dengan sangat terang bahwa tanah yang sudah habis masa HGUnya menjadi kewajiban PTPN XIV untuk mengembalikannya kepada negara sebagai pihak yang memberikan izin. Perbaikan rantai perizinan perkebunan dimulai dari izin lokasi, izin pelepasan Kawasan hutan, izin usaha perkebunan, izin perkebunan budidaya, izin usaha perkebunan pengelolahan, izin land clearing.Kata Kunci : Hak Guna Usaha, Perizinan, Perkebunan.

scholarly journals Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat

2021 ◽  
Vol 18 (1) ◽  
pp. 112
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Legal Protection ◽  
Status Quo ◽  
The State ◽  
Conceptual Approach ◽  
The Status ◽  
Approach Method ◽  
The Law ◽  
Customary Land

Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

pride which makes a mortal forget his place in the order of things), the word is most often used of dealings between human beings. It generally describes behaviour which is uncontrolled and which presupposes a desire to humiliate or at least a contempt for the rights and prestige of others. It could be applied to anything from mockery through verbal insult to physical assault, including rape. However, in law the term was narrower. The law on hybris quoted at Dem. 21.47 appears to cover action, not words. It is likely, moreover, that in legal contexts at least, though the law was imprecise (it appears to have begun: ‘if anyone commits outrage [hybris] against someone . . .’), the offence was generally understood to cover physical violence. It is not clear what converted aikeia into hybris, but it may be suggested that where the speaker could argue that the assault was committed either with the intention of humiliating or with wilful disregard for the status of the victim then the action for outrage might succeed. In the present case the action of Konon in imitating a victorious fighting cock after beating Ariston could be held to prove either. In explaining his reasons for choosing the private action, Ariston naturally places the emphasis on modesty (a public action would require more boldness and greater legal experience than a young man should in this culture possess) and restraint. In the process he suppresses other motives. As was explained in the general introduction, the prosecutor in a public action faced serious penalties if lie either dropped the case or failed to obtain 20 per cent of the judges’ votes. In addition, since on most reconstructions hybris involved the state of mind or intention of the perpetrator it would be more difficult to prove than aikeia, for which the fact of striking first sufficed. Finally, if Konon were convicted in a public action for hybris any fine would go to the state, while the victor in a private action for aikeia stood to gain compensation. The case against Konon is presented with remarkable force, and one’s first impression is that Ariston’s case is overwhelming. As to the assault itself, Ariston has good evidence from a doctor that he was severely beaten. That Konon was actually the perpetrator is suggested by Konon’s behaviour at arbitration (for which Ariston has witness testimony); evidently Konon had difficulty assembling a case, and it appears that it was only when his situation was looking desperate that his associates gave evidence on his behalf. However, it is far from clear that the witnesses who carried Ariston home actually saw the attack; they may merely have found him lying beaten. It may be that the only witness on Ariston’s side was his friend Phanostratos. From §§30–3 one

2002 ◽  
pp. 103-103
Keyword(s):  
Physical Violence ◽  
Good Evidence ◽  
The State ◽  
Physical Assault ◽  
Public Action ◽  
Private Action ◽  
State Of Mind ◽  
The Status ◽  
The Law ◽  
Legal Contexts

The Meaning and Liberal Justifications of Israel's Law of Return

2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst
Keyword(s):  
National Identity ◽  
The State ◽  
Reasonable Expectation ◽  
Jewish Immigration ◽  
The Status ◽  
The Law ◽  
The Right ◽  
Law Of Return ◽  
State Of Israel ◽  
Land Of Israel

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.

scholarly journals POLITIK HUKUM KEWENANGAN KONSTITUSIONAL DEWAN PERWAKILAN DAERAH DALAM PROSES LEGISLASI PASCA PUTUSAN MK NOMOR 92/PUU-X/2012

2015 ◽  
Vol 4 (3) ◽  
pp. 365
Author(s):  
Anna Triningsih
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

<p>Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah (UU MD3) pasca putusan Mahkamah Konstitusi (MK) dinilai memiliki problem substantif/materil akibat materi muatannya bertentangan dengan Undang-Undang Negara Republik Indonesia Tahun 1945 (UUD NRI 1945), yang mengakibatkan kerugian konstitusional terhadap Dewan Perwakilan Daerah (DPD), meliputi dikuranginya kewenangan DPD untuk dapat mengajukan (Rancangan Undang-Undang) RUU, dikuranginya kewenangan DPD untuk membahas RUU dan dikuranginya kewenangan DPD dalam kedudukannya sebagai lembaga perwakilan daerah. Hal ini menunjukan bahwa pembentukan UU MD3 nyata-nyata tidak menghormati putusan MK yang diberi mandat UUD NRI 1945 sebagai lembaga penafsir dan penjaga konstitusi, dengan tidak menghormati, mematuhi, dan melaksanakan putusan MK ini menunjukkan ketidakpatuhan terhadap putusan lembaga negara yang telah ditunjuk konstitusi untuk mengawal kemurnian pelaksanaan konstitusi. Penelitian ini menggunakan metode normatif menggunakan pendekatan perundang-undangan ( statute approach ), pendekatan konsep ( conceptual approach ), dan pendekatan historis ( historical approach ). Ketidaktaatan penyusunan UU MD3 pada putusan MK merupakan pengingkaran UUD NRI 1945 dan perkembangan ini merupakan langkah mundur reformasi. Pembentuk Undang-Undang, dalam hal ini, Dewan Perwakilan Rakyat (DPR) dan Presiden harus segera melakukan perubahan UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan dengan berpijak pada rambu-rambu konstitusional Putusan MK Nomor 92/PUU-X/2012.</p><p>Law Number 17 Year 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and the Regional House of Representatives (MD3 Law) after the decision of the Constitutional Court (MK) is considered to have a substantive problem due to the substance that is contrary to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution), which resulted in the constitutional loss of Regional Representatives Council (DPD), including the reduction of DPD authority to propose draft bills, to discuss draft bills and the reduction in its authority as the regional representative institution. This shows that the drafting of MD3 Law is obviously not respecting the decision of the Court that is mandated by the 1945 Constitution as the interpreter and guardian institution of the constitutional, by not respecting, obeying and implementing MK’s decision which indicates non-compliance with the decision of the state institution that has been designated to guard the purity of the constitution implementation of the constitution. This study uses normative method with statute approach, conceptual approach and a historical approach. The noncompliance of the drafting of MD3 Law towards the MK’s decision is a denial of MK and this development is a step back of Reformation. The legislators, in this case, the House of Representatives (DPR) and the President should immediately amend the Law Number 12 Year 2011 on the Establishment of Laws and Regulations based on the MK’s Decision No. 92/PUU-X/2012. </p>

scholarly journals Language Policy of the Russian Federation

2020 ◽  
Vol 22 (22) ◽  
pp. 165-177
Author(s):  
Vesna Kosmajac ◽  
Keyword(s):  
Language Policy ◽  
Russian Federation ◽  
The State ◽  
Russian Language ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
The Russian Language ◽  
State Language

This paper presents a sociolinguistic analysis of the current linguistic situation in the Russian Federation. Preservation and development of the Russian language represents the national interest of the state. The Russian language has the status of a state language, but, given the large number of ethnic groups living on the territory of Russia, it must not jeopardise other national languages, as this could lead to inter-ethnic conflicts. Some of the key issues Russia is currently facing in this field are: the process of globalisation, the uncontrolled penetration of anglicisms into the Russian language, the adverse impact of the Internet and social networks on literacy, especially with the younger population. All valid rules of the Russian orthography are, in fact, prescribed by the Government of The Russian Federation. Laws regulating the area of language policy are the Constitution of the Russian Federation, the Law on the Languages of the Peoples of the Russian Federation, and the Law on the State Language of the Russian Federation.

scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Local Elections ◽  
Legal Basis ◽  
Additional Time ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
Legal Entities

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

scholarly journals Akibat Hukum Pemisahan Hak Beragama dengan Hak Berkepercayaan dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish
Keyword(s):  
Civil Rights ◽  
The State ◽  
Legal Reason ◽  
Indigenous Religion ◽  
Local Religion ◽  
Religious Convictions ◽  
The Status ◽  
The Law ◽  
The Right

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.

scholarly journals HAK CUTI TAHUNAN PADA PEKERJA DENGAN PKWT (PEKERJA KONTRAK)

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Reza Yuditya Rachmat Putra
Keyword(s):  
Research Methods ◽  
Industrial Relations ◽  
Conceptual Approach ◽  
Contract Workers ◽  
Legal Remedies ◽  
The Status ◽  
The Law ◽  
Permanent Workers ◽  
To Receive ◽  
Contract Worker

This thesis entitled " ANNUAL LEAVE RIGHT ON WORKERS WITH PKWT (CONTRACT WORKERS)", writing on research methods used juridical normative, using the approach of the law (Statute Approach) and the conceptual approach (Conceptual Approach). Formulation of the problem in this paper are: (1) What is a worker in article 79 of Law No. 13 of 2003 must have status as a permanent workers?, (2) What are the legal remedies that can be done for the contract worker / employee that do not get their annual leave entitlements? Resulting from the approach that the first formulation of the problem, the status of the workers mentioned in article 79 of Law No. 13 of 2003 on employment do not have status as permanent workers, provided that an employee has worked for 12 consecutive months, the employee is entitled to receive annual leave entitlements. While in the second formulation of the problem, discuss the legal remedies that can be done by a worker if he does not get his annual leave entitlements. Workers can resolve the dispute to the Industrial Relations Settlement.Keywords :Annual Leave Entitlement, Contract Workers, Industrial Relations Settlement.

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