scholarly journals PENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ahmad Redi ◽  
Susanto Dharma

Indonesian mining industry have undergone impressive pace of development that dispute concerning overlapping on Mining Business License Area which triggers Mining Business License cancellation or revocation. One of such incidents occur between PT Kemakmuran Pertiwi Tambang and PT Wana Kencana Mineral, whereas both companies obtained Mining Business License for the same commodity on the same Mining Business License Area. How can legal certainty be relied upon concerning the Operation Production Mining Business License for holders of Exploration Mining Business License on the overlapped Mining Business License Area based on Mining Law and does the revocation conducted by the Governor of North Maluku has been in accordance with the applicable regulation? To answer both issues above, the author utilized normative qualitative analysis technique and interviews as supporting data. Based on Law No. 4 Th. 2009 concerning mineral and coal mining Article 46, every holder of Exploration Mining Business License shall reserve the right to obtain Operation Production Mining Business License and by using "first come first served" system, PT Kemakmuran Pertiwi Tambang should have the first right to obtain Mining Business License since they have obtained the Exploration Mining Business License in 2005. Meanwhile the revocation conducted by the Governor of North Maluku is clearly against the applicable regulations such as Law No. 30 Th. 2014 concerning Government Administration, Law No. 9 Th. 2015 concerning Regional Regulation, General Principles of Good Governance and Article 119 of Mining Law concerning the terms for Mining Business License revocation.

2021 ◽  
Vol 2 (3) ◽  
pp. 560-563
Author(s):  
I Made Citra Gada Kumara ◽  
I Ketut Kasta Arya Wijaya ◽  
Luh Putu Suryani

Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct


There are around 493 coal mines in India (300+ underground and around190 opencast mines) engaged in coal production for meeting energy and other requirements of our country. Coal and the process of mining itself creates an environment conducive for self-oxidation leading to build up of heat and subsequently break out of fire. This causes safety hazards, decrease in production, increased in de-settlement of colonies, fire related fatalities and risk to life and property. Occurrence of fires in coal mines has always been an undesirable proposition for the coal mining community worldwide due to its high hazard potential towards loss of human lives and property. However, with advent of AI/ML and deep learning, there emerges a vast scope of leveraging its application towards significantly reducing fire hazards in coal mining. Data capturing from such fiery mines, providing machine learning and predicting it beforehand for similar mining situations would significantly enhance safety standard in coal mining industry. This project proposes to develop an algorithm on getting input data from the past incidences/accidents of fire in coal mines and apply machine learning software to help it learn pattern/features vis a vis the fire outcomes. Once the learning is over and data trained, the programme would process the test data of other active projects and may predict for fire threat during forthcoming mining operation. The algorithm aims to enable mining personnel to assess and evaluate the risk of fire in their workplace and take informed decisions based on the predictions based on Machine learning outputs. Also, active fires can as well be studied and predicted in a similar way. This will help the mining team to decide about the right approach of continuing mining operation in such an affected area.


2021 ◽  
Vol 3 (1) ◽  
pp. 45-58
Author(s):  
Alim Perdana ◽  
Nur Budi Mulyono

Kraljic matrix (or Kraljic model) is a method used to segment the purchases or suppliers of a company by dividing them into four quadrants, based on the complexity (or risk) of the supply market (such as monopoly situations, barriers to entry, technological innovation) and the importance of the purchases or suppliers (determined by the impact that they have on the profitability of the company). This quandrant allows the company to define the optimal purchasing strategies for each of the four types of purchases or suppliers. In coal mining company, hundred thousand goods, part number or SKUs are purchased by corporate in fulfilling its mining operations requirement. However, the commodities generally purchased by open pit coal mining company are classified into 6 (six) classes which are fuel, maintenance of mobile equipment, blasting material, tyre, lubricants, and others. With the complexity of dealing with suppliers, it is mandatory for developing purchasing strategies as part of managing of supply chain. Mining operations and profitability of coal mining company shall depend on the total cost of ownership in purchasing the abovementioned commodities. This Kraljic Portfolio Model (1983) will assist coal mining company in applying purchasing strategies based on the class or quadrant which has been developed. Objective of this research is to develop purchasing strategies by empirically quantifying using data from a comprehensive survey among purchasing professionals in coal mining industry. Kraljic Portfolio Matrix is developed with 2 (two) stages of questioner. First questioner is to assess the importance level of each attribute in the dimension of purchasing activity by using Analytical Hierarchy Process. Second questioner is to assess every commodity’s scoring against each supply attribute. Subsequently, the matrix is developed by using SPSS (Statistical Product and Service Solutions) software. This research successfully classifies purchasing commodity in the appropriate quadrant of Kraljic Portfolio Matrix. By classifying the commodities purchased by coal mining company in the right quadrant of Kraljic Portfolio Matrix, the company will be able to implement the right purchasing strategies which will be different in one quadrant and another.


Author(s):  
Mochamad Ade Syukur Nur Alam ◽  
Abdul Rachmad Budiono ◽  
Abdul Madjid ◽  
Istislam Istislam

Sex change that is carried out through a medical process or commonly called sex change surgery, invites pros and cons in the community. The purpose of this study is to formulate regulations regarding the formulation of legal provisions regarding sex change that can reflect justice, benefit, and legal certainty as well as support the welfare of Transgender and Ambiguous Genitalia sufferers. This research is a normative legal research with philosophical, legislative, conceptual,case and comparative approaches. The analysis technique uses descriptive, comparative, evaluative and argumentative techniques. The results of the study indicate that the formulation of legal provisions regarding gender change is the use of the phrase the right to live in physical and spiritual prosperity in the formulation of legal norms as a large group that can reach various things, and the prohibition against plastic surgery to change identity, except for patients who have received court decision.


2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Binov Handitya

This paper discusses the application of The Principles Of Good Government, or what we often know with the General Principles of Good Governance (AUPB) in the implementation of government policies, needs to be improved. As a form of filter that is able to filter out any government administration so that it can be free from the snare of corruption. Public officials or implementers must be emphasized in understanding in depth the principles contained in the AUPB to be applied in providing services to the public / community. There are at least 8 (eight) principles attached to the AUPB based on the Government Administration Law, among others: the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of accuracy, the principle of not abusing authority, the principle of openness, the principle of public interest and the principle of good service.


2015 ◽  
Vol 10 (2) ◽  
pp. 180
Author(s):  
Ayu Putriyanti

Penatalaksanaan penyelenggaraan pemerintahan dan pengujian terhadap keputusan tata usaha negara dilakukan agar menjadi jelas dan memberi kepastian hukum. Dengan keluarnya UU No 30 Tahun 2014 tentang administrasi pemerintahan maka diperlukan penyelarasan dan penyesuaian atas peraturan peradilan tata usaha negara. Penelitian ini menggunakan pendekatan undang-undang (statute approach) dan penelitian hukum doctrinal. Hasil penelitian ini menunjukkan bahwa batas antara Pengadilan Umum dengan Pengadilan Tata Usaha Negara dalam memutus sengketa dibidang hokum dibedakan atas jenis perkaranya. Pengadilan umum memutus perkara dibidang perdata dan hokum pidana. Seangkan PTUN memutus perkara gugatan terhadapa perbuatan hokum pemerintah. Adapun penerapan prinsip-prinsip good governance dan AAUPB memiliki persamaan dan perbedaan, yang antara keduanya saling memiliki hubungan untuk mewujudkan pemerintahan yang baik dan sesuai hukum.<br /><br /><br /><em>Management of the administration and testing of state administrative decisions made in order to become clear and provide legal certainty. With the issuance of Law No. 30 of 2014 on government administration will require alignment and adjustment to regulatory administrative courts. This research use a statute approach and doctrinal legal research. These results indicate that the boundary between the General Court to the Administrative Court to rule on the dispute in the field of law distinguished on the type of his case. General court deciding the case in the field of civil and criminal law. Seangkan administrative court deciding the case of legal action lawsuit terhadapa government. The application of the principles of good governance and Good Governance Principles have similarities and differences, which between them have a relationship with each other to realize good governance according to law.</em>


2019 ◽  
Vol 15 (1) ◽  
pp. 1-8
Author(s):  
M. Zamroni

The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.


2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp


2020 ◽  
Vol 2 (2) ◽  
pp. 454
Author(s):  
Julkifli Purnama ◽  
Ahmad Juliana

Investment in the capital market every manager needs to analyze to make decisions so that the right target to produce profits in accordance with what is expected. For that, we need a way to predict the decisions that will be taken in the future. The research objective is to find the best model and forecasting of the composite stock price index (CSPI). Data analysis technique The ARIMA Model time series data from historical data is the basis for forecasting. Secondary data is the closing price of the JCI on July 16 2018 to July 16 2019 to see how accurate the forecasting is done on the actual data at that time. The results of the study that the best Arima model is Arima 2.1.2 with an R-squared value of 0.014500, Schwarz criterion 10.83497 and Akaike info criterion of 10.77973. Results of forecasting actual data are 6394,609, dynamic forecast 6387,551 selisish -7,05799, statistics forecas 6400,653 difference of 6,043909. For investors or the public can use the ARIMA method to be able to predict or predict the capital market that will occur in the next period.


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