LAW ENFORCEMENT OF ILLEGAL BUSINESS TRANSACTION ON THE BORDER AREA BETWEEN INDONESIA AND TIMOR LESTE IN A DILEMMA

2021 ◽  
Vol 10 (1) ◽  
pp. 115
Author(s):  
NLM Mahendrawati ◽  
I Gde Suranaya Pandit ◽  
IN Sujana ◽  
S Nahak ◽  
C.A. Soares ◽  
...  

This study is a type of empirical legal study conducted based on the discrepancy between the existing provisions and theories and the legal facts occurring among the society, that is, the transaction of goods carried out by crossing the border between two countries.Any hindering obstacles and barricades to the law enforcement over illegal businesses can be settled through social and cultural, economic, political, and security approaches. Alternative solutions that should be applied in dealing with such legal issues can be establishing buildings in the border area, which are specifically directed to help accelerate the handling of three fundamental problems faced in the scope of the development of the border area in question, one of which is delimitation and delineation aspects of the state's boundaries, the aspect of affirming national borders on watershed areas between Indonesia and Timor Leste, the aspect of development discrepancy in the form of fulfilling infrastructure needs in the economic field to foster opportunities for the border areas to participate and compete amid both global and regional markets.

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.


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


2021 ◽  
Author(s):  
Frederikus Fios ◽  
Silverius Constantino Yohanes Maria Lake ◽  
Murty Magda MMP Pane ◽  
Christian CS Siregar ◽  
Winibaldus Stefanus Mere
Keyword(s):  

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Raharjo

The issue of crime not only from the public spotlight in the local and national level, but also a serious concern of the international community. One crime that is now often used as a discussion by scholars of law, economics and banking apparatus of government and law enforcement are on the money laundering crime (money laundering), especially with the notion that the Republic of Indonesia is "heaven" for these practices criminal offenses or the crime of money laundering. The legal issues increasingly into the spotlight with the inclusion of the Republic of Indonesia in the black list or black list. Keywords: Center for Financial Transaction Reporting and Analysis, Money Laundering


Author(s):  
María Tamara Vera Moreira ◽  
Ana María Velásquez Saldarriaga ◽  
Génesis Karina Zambrano Mendoza ◽  
María Valentina Loor Santos ◽  
Douglas José Giler Loor

The research was redirected to the different studies that focus on reality of the Ecuadorian education system and the disadvantages facing the teaching-learning process due to negative manifestations of the environment, which influence the academic performance of the students, considering that precarious economic situations, intra-family problems, the barriers that the teacher faces Due to lack of recreational, recreational resources, training based on various areas of study, there are some situations that create inequalities between the different educational contexts of the country, being necessary to look for alternative solutions or reforms that focus on a particular reality, where it is distinguished the stages I of the rural and urban area, establishing as an objective to analyze education from an aspect of transformation, through a pedagogical plan determined by curricular adjustments, which allow the development of skills, implementation of methods, techniques according to the required level, with the purpose of Obtain educational excellence. For the development of the study, the exploratory methodology linked to knowing the specific problem was used, based on theoretical bases and results made in other fields of inquiry that relate the situation of the school to respond to social, cultural, economic and educational interests.


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


2020 ◽  
Vol 4 (2) ◽  
pp. 128-138
Author(s):  
Lukman Harahap

This article aims to know in real student's understanding of Law No. 5 of year 2018 on combating criminal acts of terrorism. The data collection techniques used in this study use interviews, observations and documentation. Meanwhile the analysis used in this research is a qualitative descriptive. Simultaneous, planned and integrated aspects of prevention need to forward to minimize the occurrence of criminal acts of terrorism. The optimal prevention is done by involving ministries or related institutions as well as all components of the nation through the efforts of national preparedness, counter radicalisation, and deradicalisation coordinated by the National Management Agency Terrorism. To optimize the eradication of criminal acts of terrorism, it is necessary to strengthen institutional functions, especially the coordination functions held with the National Agency for Terrorism counter following its oversight mechanisms. While it relates to the eradication of criminal acts of terrorism in Indonesia is not merely a matter of law and law enforcement but it is also a social, cultural, economic problem closely related to the issue of national resilience So that policies and precautions and pemberantasannyapun are aimed at maintaining balance in the obligation to protect the sovereignty of the State, the rights of victims and witnesses, and the rights of suspects/defendants.


2020 ◽  
pp. 384
Author(s):  
Nelman Rumere ◽  
Agung Suryawan Wiranatha ◽  
Ida Bagus Gde Pujaastawa

This article investigates and identifies the involvement of stakeholders, analyzes internal and external factors that influence the planning of country border areas, and formulates strategies and programs for developing national border areas. This study used qualitative methods with IFE, EFE, IE and SWOT analysis. Data collection was carried out by observation, interviews, documentation study, literature study, and FGDs. The number of informants was 13 people who are competent and chosen deliberately. The results of this study indicate that the country border area is in a medium internal and external position, meaning that the border area of the country is in quadrant V, the strategy in quadrant V is to hold and maintain. Quadrant V indicates that the border area has developed and needs to be maintained. Therefore, the right grand strategies to be applied are market penetration and product development.Strategies and programs for developing country border areas with the Strengths-Opportunities strategies are mapping and polarization of tourist attractions, maximizing the types and diversity of tourism products in the border areas of the country, and evaluating cross-border festivals. Development programs by Weaknesses-Opportunities analysis are dissemination and training for human resource development particularly for the local people, construction of public facilities, tourism infrastructure, and coordination between stakeholders, and development programs. Meanwhile, by Weaknesses-Threats analysis, namely focus group discussions, seminars, workshops, entrepreneurship training, formal education for the local youths, security and cleanliness of tourist attractions, and regulatory evaluation. Keywords: Regional planning, tourist destinations, country borders


Complexity ◽  
2019 ◽  
Vol 2019 ◽  
pp. 1-10
Author(s):  
Po Sheng Ko ◽  
Cheng Chung Wu ◽  
Ying Shih Mai ◽  
Zhongrong Xu

At present, the enhancement of China’s comprehensive national strength, stable currency policy, and the new round of opening-up strategy layout have provided opportunities for the financial development in border areas, especially for the RMB internationalization advancement in border areas, while the lagging financial system construction in current border areas also challenges its RMB internationalization. Based on Friedman’s monetary demand theory (1970), the thesis has combined the periodical characteristics and selected the representative Yunnan province in the border areas as the object, taking into overall consideration the two paths of geography and function for RMB internationalization in border areas, so as to build the two-dimensional path theory framework of RMB internationalization from a border area perspective. In view of the above, a panel econometric regression model is built to estimate the factors influencing RMB internationalization path in Yunnan province. The results show that the process of opening up to the outside world in Yunnan province is its major driving force for RMB internationalization, while the great fluctuation of price level tends to hinder the process advancement and such possible impact of overall revenue on RMB internationalization development as the reginal disparity.


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