scholarly journals Penertiban Bangunan Tanpa Izin yang Berdiri di Atas Tanah Negara pada Sempadan Sungai Limpok Aceh Besar

Author(s):  
Putri Tasya Fabyolla ◽  
Ilyas Ismail ◽  
M.Nur Rasyid

The prohibition of building buildings in river border areas is regulated in Article 22 Paragraph (2) Regulation of the Minister of Public Works and Public Housing Number 28 / PRT / M / 2015 concerning the Determination of  Borders of  Rivers and Lake Borders. It is stated that it is forbidden to build buildings, except building with certain functions. In reality, there are a number of buildings that stand in the river border area of Limpok Village, Aceh Besar District. The method of this research is empirical juridical research using a conceptual approach. The results of the research in the field is there are buildings that stand without permits in the river border area of the big village of Limpok, Aceh Regency. Initially, the community was given the opportunity to use the country's land to grow crops that were not hard. However, they transferred the utilization by building a building on it, so the building that stood on the land had no legality. It is clear that each building that stands must follow the licensing stage first so the building has the legality of a building permit. The factor that became the government's issues in carrying out control was the lack of budget in the field, secondly, it was indicated that the community made land payments by the village head (geuchik). The government must take strict legal action against the village head (geuchik) who plays in the area. Law enforcement does not need tolerance, so rules are not violated. Ketentuan larangan mendirikan bangunan di kawasan sempadan sungai diatur pada Pasal 22 Ayat (2) Peraturan Menteri Pekerjaan Umum Dan Perumahan Rakyat Nomor 28/PRT/M/2015 Tentang Penetapan Garis Sempadan Sungai Dan Sempadan Danau. Dimana disebutkan dilarang mendirikan bangunan, kecuali bangunan prasarana sumber daya air, fasilitas jembatan dan dermaga, jalur pipa gas dan air minum, rentangan kabel listrik dan telekomunikasi, dan bangunan ketenagalistrikan. Namun pada kenyataannya terdapat sejumlah bangunan yang berdiri di kawasan sempadan sungai Desa Limpok Kabupaten Aceh Besar. Metode Penelitian ini merupakan penelitian yuridis empiris dengan melakukan pendekatan konseptual. Hasil penelitian di lapangan bahwa terdapat bangunan yang berdiri tanpa izin di kawasan sempadan sungai desa limpok kabupaten aceh besar. Pada awalnya masyarakat diberikan kesempatan untuk memanfaatkan tanah negara tersebut untuk menanam tanaman seperti jagung, pisang, dan sayur-sayuran. Namun, mereka mengalihkan pemanfaatan tersebut dengan mendirikan bangunan di atasnya, sehingga bangunan yang berdiri di atas tanah tersebut tidak memiliki legalitas. padahal jelas bahwa setiap bangunan yang berdiri wajib mengikuti tahapan perizinan terlebih dahulu, sehingga bangunan tersebut memiliki legalitas berupa surat izin mendirikan bangunan. Kemudian faktor yang menjadi hambatan pemerintah dalam melakukan penertiban adalah minimnya anggaran di lapangan, kedua telah terindikasi bahwa masyarakat melakukan pembayaran lahan oleh Kepala desa (geuchik). Pemerintah wajib melakukan tindakan hukum secara tegas terhadap kepala desa (geuchik) yang bermain dalam wilayah tersebut. penegakan hukum tidak perlu ada toleransi, sehingga aturan tidak dapat dilanggar oleh masyarakat.

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�


Author(s):  
Ira Patriani

Border areas, is one of affected area on COVID_19 this present. Many of people cn not go out as usually, adding almost each country has to implement their territorial limitation (lockdown policy) to minimalize this virus spreading. One of Malaysia State, where very close and get direct border with Indonesia. This research took place at Sanggau District, Entikong, Gun Tembawang Village.The research approach used is qualitative, using data collection methods in the form of interviews, observations, and documentation supported by interviews with the theoretical approach to the negative and positive aspects on policy implementation. Research results, The results stated that the lockdown activities of Malaysia which were affected by the corona virus outbreak needed to be carried out in an effort to minimize the spread of the virus outbreak. Although of course it has a negative impact on the country's economic structure, social issues and other sector. In implementing this lockdown, there is a need for cooperation between the government and the community as well as an agreement with neighboring countries in terms of the mobility of residents closest to each other's territory on exemptions in order to realize social welfare and public health without limiting the origin of the state, religion, community and profession. Especially in border areas where mobility and kinship ties have always been closer than in other regions. Keywords: Border area, lockdown policy, covid_19


2020 ◽  
Vol 3 (2) ◽  
pp. 128-137
Author(s):  
Arie Julianda ◽  
Azmeri Azmeri ◽  
Eldina Fatimah

Aceh Tengah District is one of the districts that have slum settlements. Based on the Decree of the Regent of Central Aceh No. 188.55 / 775 / DCKP / 2014, the determination of housing and slums in Central Aceh District includes 23 villages in 6 sub-districts, with a total area of 189.59 Ha. Bale Atu Village, located in Lut Tawar Subdistrict, is one of the very slum hamlets with a value of 4.22 and has a slum area of 0.56 Ha out of a total area of 2.5 Ha. Besides, Bale Atu Village is located in the center of Takengon City and a trade center as a strategic area, which must be immediately addressed so that slum areas do not expand. This study aims to evaluate the current level of a slum in the village of Bale Atu, and identify the current form of slum settlement. This research uses qualitative methods through observation and interviews and quantitative methods through a weighting system. Evaluation of the level of slum and handling is carried out based on the Technical Guidelines (Juknis) of the Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia (Permen PUPR RI) No. 02 / PRT / M / 2016. Evaluation of the level of slum includes aspects of slum conditions, aspects of land legality, and other aspects of consideration. The form of handling is based on the typology of slums and the physical handling of infrastructure. The results showed that the slum level of the settlements in Bale Atu Village was light slum with a total score of 23, and the slum level of all hamlets was a light slum where the total score of Dusun Barat was 31, Dusun Timur was 33, Dusun Utara was 29, and Dusun Selatan of 21. The form of slum settlement in Bale Atu Village is based on typology by handling hilly typology, and based on physical infrastructure, it is carried out through a restoration pattern. The handling of slum settlements in Bale Atu Village and all its hamlets is included in the 3rd priority scale of handling in Laut Tawar District.


2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.


ZOOTEC ◽  
2019 ◽  
Vol 39 (1) ◽  
pp. 71
Author(s):  
Rico I Mahalubi ◽  
A K Rintjap ◽  
J A Malingkas ◽  
F S.G Oley

ABSTRACTCATTLE FARMERS’S RESPONSE ON APPLICATION OF ARTIFICIAL INSEMINATION (AI) TEGNOLOGY IN TONDEGESAN VILLAGE KAWANGKOAN DISTRICT, MINAHASA REGENCY. The government encourages the cattle farming industry through science and technology to increase the productivity of livestock businesses in order to be able to increase the livestock population. The objective of this study was to determine the farmer's response to the adoption of artificial insemination technology (IB) at the village of Tondegesan Dua, Kawangkoan District, Minahasa Regency and to evaluate their knowledge on artificial insemination motivation and technology adoption (IB) in Tondegesan two Village, Kawangkoan District, Minahasa Regency. Data sources were based on primary and secondary data. Data collection were conducted by observation and interview method. The farmer population were involving 42 farmers following artificial insemination and not following artificial insemination activities, but they were aware of artificial insemination technology. The number of samples taken were 30 farmers. Determination of the sample was purposively taken at the village of Tondegesan Dua. The measurement of the research indicator was carried out by applying a Likert scale. Test was done on the relationship between the variables of farmer response to artificial insemination. The results showed that the farmer's responses to artificial insemination were in a fairly good category based on the results of the study. It can be concluded that the farmer's response to the artificial insemination was quite good. Keywords: Farmer motivation, artificial Insemination technology, Tondegesan Dua village.


2021 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Hananto Widodo ◽  
Fradhana Putra Disantara

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill


2021 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Gede Yudiarta Wiguna ◽  
Siti Safa’ati Rohmah ◽  
Gusti Ayu Indira Syahrani Putri

This article was written with the aim of discussing the situation of the people who live on the borders of the Unitary State of the Republic of Indonesia, which are classified as far from the reach of the government regarding justice and justice. The lack of concern for the conditions of life in the border region is a rebellion which has an effect on the sense or spirit of people's nationalism towards their own homeland. The method used in this article is a case study type qualitative approach. This article explains the definition of justice obtained from accountable sources and in this article discusses the conditions and situations of the people who live in the border area as a measure for the realization of equitable justice and justice. This article can later be used as a reference in realizing the welfare and justice of communities in border areas.


2018 ◽  
Vol 8 (2) ◽  
pp. 42-50
Author(s):  
Moh. Hudi Setyobakti

Village apparatus is an important factor in the running of the government process in the village. Therefore an analysis is needed to determine the factors that affect the performance of the village apparatus. There are two independent variables in this study, namely; work ethic and work discipline. In the process this study uses village tools in Lumajang District as a population with 64 respondents. Furthermore, for data analysis techniques using multiple linear regression analysis, the results of the analysis show that both work ethic and motivation have a significant effect on the performance of the village apparatus. This is supported by the coefficient of determination of 73.4% so that only 26.6% remains for other variables that affect the performance of village equipment. This research is expected to contribute to the development of studies in management science, especially human resource management so that it can become a reference to further research.


Author(s):  
Istiqomah Marfuah ◽  
Muhammad Rawa El Amady

This research discussed the Kampong Adat in Minas Barat Village, Minas District, Siak Regency. Regional Regulation Number 2 concerning the determination of Kampong Adat had issued since 2015. However, the completeness of requirements for the Ministry of Home Affairs approval has not been completed until November 2021. This study used an ethnography design; the researcher lived in the research site for two months. The data were collected by participatory observation, in-depth interviews with selected informants due to their knowledge and experience in the establishment of Kampong Adat. The data were analyzed descriptively by discussing with theory and resulted in the general trend as this research's findings. This research found, first, Since Minas Barat Village of determined as Kampong Adat, the community of Sakai Tribe have been minority citizen. Second, the Sakai community has some difficulties preparing the complete requirements for approval of the Ministry of Home Affairs because there are many interests involved in the village. Third, the government has not given severe attempts for Kampong Adat. The government let the completeness of approval has not yet been fulfilled for almost seven years. This study contributed to the anthropology of policy, specifically for indigenous peoples, in issuing affirmative policies to fulfill the rights of indigenous peoples.


Author(s):  
Muhammad Yusrizal Adi Syaputra

The political party's position as a determinant of government head nomination in Indonesia made the political party a central and strong role in the determination of the Cabinet in the presidential government of Indonesia and allowed the political party to determine the Cabinet domination established by the President elected. This research aims to determine the model of the presidential institution strengthening in the multi-party era in Indonesia and to know the political and juridical construction of the presidential institution in determining the cabinet in Indonesia. The method used is a normative legal research method with a conceptual approach. The results of this research are, firstly that the strengthening of the presidential institution in the multi-party era can occur when done with the restriction of political parties through the mechanism of the parliamentary threshold. Secondly, that the political construction of the cabinet determination by the President is based on the coalition of political party supporters of the government, and the juridical construction of the President may elect the Minister of the party proposal because it is based on article 6A paragraph (2) The Constitution of the Republic of Indonesia 1945. Kedudukan partai politik sebagai penentu pencalonan kepala pemerintahan di Indonesia menjadikan Partai Politik memiliki peran sentral dan kuat dalam penentuan kabinet di Pemerintahan Presidentiil Indonesia dan memungkinkan partai politik untuk menentukan dominasi kabinet yang dibentuk oleh Presiden terpilih. Penelitian ini bertujuan untuk mengetahui model penguatan lembaga kepresidenan pada era multi partai di Indonesia, dan untuk mengetahui konstruksi politis dan yuridis lembaga kepresidenan dalam menentukan kabinet di Indonesia. Metode yang digunakan adalah metode penelitian hukum normatif dengan pendekatan konseptual. Hasil penelitian memperlihatkan bahwa pertama, penguatan lembaga kepresidenan di era multi partai dapat terjadi apabila dilakukan dengan pembatasan partai politik melalui mekanisme parlementary threshold. Kedua, bahwa konstruksi politis penentuan kabinet oleh presiden didasarkan atas koalisi partai politik pendukung pemerintahan, dan konstruksi yuridis presiden dapat memilih menteri dari usulan partai karena didasarkan pada Pasal 6A ayat (2) UUD 1945.


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