scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

scholarly journals PENEGAKAN HUKUM TERHADAP KEPEMILIKAN TANAH INDONESIA OLEH WARGA NEGARA ASING MELALUI PERJANJIAN NOMINEE

2020 ◽  
Vol 8 (12) ◽  
pp. 1862
Author(s):  
Fithrah Fithrah
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Public Interest ◽  
Research Method ◽  
Scientific Paper ◽  
Land Ownership ◽  
The State ◽  
Legal Research ◽  
The Public ◽  
The People

Tujuan penulisan karya ilmiah ini adalah untuk mengkaji pengaturan terkait kepemilikan tanah di Indonesia oleh orang asing melalui perjanjian nominee dan upaya penegakan hukumnya. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan konseptual. Hasil dari penulisan karya ilmiah ini ialah penegakan hukum terhadap praktek kepemilikan tanah oleh orang asing melalui perjanjian nominee dapat dilakukan oleh kejaksaan selaku organ negara yang mewakili kepentingan publik, baik melalui sarana perdata maupun pidana. Hal ini perlu dilakukan guna melindungi tanah Indonesia dimiliki oleh orang asing dan guna mendukung upaya negara mewujudkan tugas konstitusionalnya, yakni menguasai tanah bagi sebesar-besarnya kesejahteraan rakyat tanpa harus memberikan ketidakadilan bagi Warga Negara Asing. The purpose of writing this scientific paper is to examine regulations related to land ownership in Indonesia by foreigners through nominee agreements and law enforcement efforts. The research method used is normative legal research methods using statute and conceptual approaches. The result of writing this scientific paper is that law enforcement against the practice of land ownership by foreigners through nominee agreements can be carried out by the prosecutor as the state organ representing the public interest, both through civil and criminal means. This needs to be done in order to protect Indonesian land owned by foreigners and to support the state's efforts to realize its constitutional duties, namely to control the land for the maximum welfare of the people without having to give injustice to foreign citizens.

scholarly journals PENGARUH PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILIHAN UMUM TERHADAP HASIL PEMILIHAN GUBERNUR LAMPUNG 2014

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (4) ◽  
pp. 777
Author(s):  
Aryo Fadlian
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
Implementation Process ◽  
Secondary Data ◽  
State Institution ◽  
The State ◽  
State Institutions ◽  
Gubernatorial Election ◽  
Ethics Council

AbstractThe implementation process of the election of Governor of Lampung in 2014was still a lot of controversy with the process so complicated that ultimatelyresulted elected leaders, after the long process, sprang DKPP decisionrelating to the election of the Governor of Lampung in 2014. The verdict ofDKPP generates convicted and fired Lampung Provincial ElectionSupervisory Board The purpose of this research was to determine andanalyze the strength of decision DKPP Lampung gubernatorial election in2014. In this study the authors discussed the use of theory and concepts;theory of legislation, the concept of the State institutions, the concept of anindependent State institution using normative juridical research method, i.e.obtaining secondary data obtained from the study of literature, books, andlegislation. Results of research and discussion show that many violations inthe elections in 2014 that resulted in the governor of Lampung in 2014resulted in the termination of the Election Supervisory Board membersLampung province because it violates the code of ethics. Strength HonorCouncil Election decision final and binding give lessons to the electionorganizer Lampung Province.Keywords: Verdict Strength, Election Organizer Ethics Council, ElectionViolationsAbstrakProses pelaksanaan pemilihan Gubernur Lampung tahun 2014 masih banyakkontroversi dengan prosesnya yang begitu rumit sehingga akhirnyamenghasilkan pemimpin terpilih, setelah proses yang panjang, munculkeputusan DKPP terkait pemilihan Gubernur Lampung tahun 2014. Putusantersebut DKPP menghasilkan terbukti dan dipecat Badan Pengawas PemiluProvinsi Lampung. Tujuan dari penelitian ini adalah untuk mengetahui danmenganalisis kekuatan keputusan pemilihan gubernur DKPP Lampung padatahun 2014. Dalam penelitian ini penulis membahas penggunaan teori dankonsep; Teori perundang-undangan, konsep lembaga negara, konseplembaga negara merdeka yang menggunakan metode penelitian yuridisnormatif, yaitu memperoleh data sekunder yang diperoleh dari studi literatur,buku dan perundang-undangan. Hasil penelitian dan pembahasanmenunjukkan bahwa banyak pelanggaran dalam Pemilu 2014 yangmengakibatkan Gubernur Lampung pada tahun 2014 mengakibatkanpenghentian anggota Badan Pengawas Pemilu Provinsi Lampung karenamelanggar kode etik. Keputusan Kehormatan Dewan Kehormatan keputusanfinal dan mengikat memberi pelajaran kepada penyelenggara pemiluProvinsi Lampung.Kata Kunci: Kekuatan Putusan, Dewan Kehormatan PenyelenggaraPemilihan Umum, Pelanggaran Pemilu

scholarly journals Korupsi dalam Perspektif Alquran

2018 ◽  
Vol 3 (1) ◽  
pp. 65
Author(s):  
Budi Birahmat ◽  
Syarial Dedi
Keyword(s):  
Literature Review ◽  
Public Interest ◽  
The State ◽  
The Public ◽  
The Law

This article aims to track the Qur'an review of corruption. Because one of the most prevalent issues in Indonesia today is criminal acts of corruption, various ways have been done by the State to overcome corruption, from changing the law, establishing an institution specifically dealing with corruption to increase the sanction for convicted of corruption, but it is still not yet yielding results that encourage the community. The data presented in this paper is sourced from literature review by tracing the sources directly related to the theme especially the Qur'an and Sunnah. From the results of this study found that: Corruption as an extra-ordinary crimes crime is not explicitly mentioned by the Qur'an, but some terms such as ghulul, suht, sarq, hirabah some terms are considered to represent the Qur'an's notion of corruption. The punishment for the perpetrators of corruption, the most appropriate according to the authors is the punishment of the ta'dzir finger which in its implementation may equal or even exceed the sanction of hadd penalty. In this case the rulers are given the power to determine punishments according to the public interest, and should not be contrary to the provisions of shari'ah and general principles, such as applying Undang-undang No. 31 Tahun 1999 and which has been perfected by Undang-undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi.

scholarly journals LIMITED TURNOVER OF ECONOMIC INTELLECTUAL PROPERTY RIGHTS IN THE FIELD OF NATIONAL SUCURITY AND DEFENSE

2020 ◽  
Author(s):  
Олена Тверезенко
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
The State ◽  
Economic Rights ◽  
Defense Procurement ◽  
The Public ◽  
The Law ◽  
State Defense

During the execution of the state defense order (hereinafter — SDO) may be created objects of intellectual property rights (hereinafter — OIPR), namely: inventions, utility models, industrial designs and topographies of semiconductor products, as well as objects of copyright in the form of computer programs, databases, engineering, technological and software documentation, etc.The Law of Ukraine «On the State Defense Order», adopted in 1999, in no way regulates the legal relationship regarding the creation of OIPR, their use and disposal of economic intellectual property rights to such objects during the SDO. Economic rights to IPR are types of objects of civil rights. Based on the provisions of Art. 178 of the Civil Code of Ukraine objects of civil law are divided into 3 groups depending on degree of their turnover:1) objects that can be freely transferred to another person;2) objects with limited turnover (may belong only to certain participants in the turnover or whose stay in the civil turnover is allowed by special permission);3) objects withdrawn from civil circulation (which are not allowed in civil circulation).Economic rights to certain OIPR are restricted in civil circulation (for example, to a trade name) or withdrawn from civil circulation (for example, to a geographical indication).In addition, the exercise of intellectual property rights may be restricted in certain areas in order to protect the public interest. Such public interest consists, among other things, of the protection of the state interests during the introduction into civil circulation of property rights to OIPR, created during the execution of SDO.Taking into account the provisions of Article 17 of the Law of Ukraine «On Science Parks», we propose to establish an imperative provision in this Law and the draft Law of Ukraine «On Defense Procurement» (Reg. № 2398-d of November 27, 2019). Such changes should stipulate that economic rights to OIPR created during defense procurement are limited in civil turnover. The exercise of rights to such OIPR is possibleonly with the consent of the state customer in the field of defense.Restriction of civil turnover of economic intellectual property rights to these objects should be aimed not only at eliminating the possibility of transferring (assigning) economic rights to such objects, but should also implement other options for their introduction into civil circulation, including the right to use OIPR or to transfer economic rights to the specified OIPR into pledge. In order to improve the legal regulationof these legal relations, it is necessary to amend the legislation of Ukraine in the field of pledge. Peculiarities of securities of intellectual property rights should be enshrined in a separate section of the Law of Ukraine «On Pledge». Such changes should include, inter alia, the obligation to negotiate agreements on pledge of economic rights to OIPR, created during the implementation of the SDO with the public customer. Relevant provisions should be enshrined in the draft Law of Ukraine «On Defense Procurement». The improvement of the legislation studied in the article will contribute to a systematic solving of the issue of establishing the conditions for the execution of economicrights to OIPR, created as a result of SDO, namely the need for such approval of the state customer, that will ensure public interests in the field of national security and defense of Ukraine by the provision of control over the civil turnover of such objects. 

scholarly journals PENEGAKAN HUKUM TERHADAP NOTARIS YANG MEMPROMOSIKAN DIRI MELALUI MEDIA SOSIAL

2018 ◽  
Vol 1 (1) ◽  
pp. 1941
Author(s):  
Riyan Saputra ◽  
Gunawan Djajaputra
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Public Interest ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
Electronic Media ◽  
Legal Research ◽  
The Public ◽  
The Republic ◽  
The Many

Notary is a carrier of office or ordinary we call the general officer appointed by the state and also work for the service of the public interest, in carrying out its duties a Notary must adhere to the rules of legislation that prevail in Indonesia as he served. In the Notary Code of Ethics and the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia there is a provision that prohibits a Notary from conducting a form of promotion in social and electronic media, what are the constraints faced by the Notary Supervisory Board in Indonesia? The author examines the problem using normative legal research methods supported by some interviews that are expected to help answer the research and sources interviewed are the parties concerned such as Kaskus, Supervisory Board and also one of Notary in Jakarta. Subsequently, the acts committed by the Notary are clearly violated and appropriate to the sanction imposed on such notary as regulated in Article 6 paragraph (1) of Notary Code and Article 18 Paragraph (4). In this case it is clear that the Notary was found guilty of a form of self-promotion in Social Media, but the Supervisory Board itself essentially oversees the Notary but due to the many obstacles faced by the Supervisory Board, the duties of the Supervisory Board itself do not alter Board regulations Notary Supervisors become more assertive and expected to apply optimally.

scholarly journals Juridical Review of Implementation of Immigration Administrative Action in Indonesia

2020 ◽  
pp. 19-39
Author(s):  
Budy Mulyawan ◽  
Muhamad Ali Embi ◽  
Sohirin Sohirin
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Director General ◽  
Legal Basis ◽  
The Public ◽  
Government Administration ◽  
Administrative Action ◽  
Laws And Regulations

It has been nearly a decade since Indonesia had the latest Immigration Act (Law Number 6 of 2011). However, since the new Immigration Act was issued, the implementation of regulations for The Immigration Administrative Action has not yet been established. The purpose of this study is to determine the validity of the implementing regulations of the legislation if the legal basis had been changed and to find out whether the discretion principle can be used as the basis for the procedure of Immigration Administrative Action. The research method used in this study is normative juridical. The conclusion drawn from the research is that the Director General of Immigration Instructions for Implementation Number: F-314.Il.02.10 of 1995 concerning procedures for Immigration Action is still valid but is no longer relevant to the current law, and the use of discretionary authority by the agency Government administration officials can only be done in certain cases where the applicable laws and regulations do not regulate them or because existing regulations governing things are unclear and they are carried out in an emergency or urgent matter for the public interest.

scholarly journals Hak Atas Tanah Pada Kawasan Konservasi

2021 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Orias Reizal De Rooy ◽  
Hendrik Salmon ◽  
Reny Heronia Nendissa
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Conservation Areas ◽  
The Public ◽  
Basic Rights ◽  
The People ◽  
The Government ◽  
Legal Concepts ◽  
Laws And Regulations

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.

scholarly journals HUKUM ADMINISTRASI NEGARA SEBAGAI HIMPUNAN PERATURAN-PERATURAN ISTIMEWA

to-ra ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 37
Author(s):  
Chandra Aritonang
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Public ◽  
State Administration ◽  
The Law

Abstract State Administration in every action must be based on law to solve and resolve the problem mentioned above or there is no law. The State Administration can be forced to use its authority to revoke regulations. Administration as a law maker in its application when related to legal systematics has caused controversial matters in essence State Administration is part of public law, so that all actions in the application based on its function are solely intended for and in the public interest, this is no different from the law State Administration, Criminal Law and Others. A situation can lead to deviations from the State administration of the systematics of law. Therefore the State Administrative Law as a set of special regulations.   Keywords: state administration; public law; special regulations.  

scholarly journals Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif)

2020 ◽  
Vol 3 (2) ◽  
pp. 52-70
Author(s):  
I Wayan Wisadnya
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Interest ◽  
Code Of Ethics ◽  
Police Discretion ◽  
Self Assessment ◽  
Professional Code ◽  
The Public ◽  
The Law ◽  
National Police

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

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