scholarly journals The Philosophical Dilemma of the Implementation of Justice Theory: Problems in Utilizing Land Rights between the Amungme Indigenous Tribe and PT Freeport Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 23-39
Author(s):  
Muhammad Bintang Pratama ◽  
Muhammad Adib Afiq ◽  
Novita Ratna Cindi F ◽  
Savira Auril
Keyword(s):  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
Data Sources ◽  
Strong Basis ◽  
Theory Of Justice ◽  
Positive Law ◽  
Prescriptive Literature ◽  
Conducting Research ◽  
Ownership Rights

This study analyzes the philosophical dilemma of the implementation of the theory of justice, the problem of the use of land rights between the Amungme Indigenous Tribe and PT Freeport Indonesia. This research is normative legal research using secondary data sources through prescriptive literature studies. The results show that there are problems in the use of land ownership rights; there are contradictions in the use of reasons for claiming ownership rights over the disputed land. The Amungme Adat tribe adheres to the theory of natural law with concrete implementation in the form of traditional customs which considers disputed land as ancestral heritage land, which is the absolute right of the Amungme Adat tribe. Meanwhile, PT Freeport Indonesia uses positivist legal theory with concrete implementation in the form of the use of Contract of Work and Agreement as positive law which is used as a strong basis for claiming ownership rights over the disputed land. In this research, we will discuss the philosophical dilemma of the implementation of the theory of justice comprehensively, the problem of the use of land rights between the Amungme Indigenous Tribe and PT Freeport Indonesia based on the use of the theory of justice. The limitation of this research lies in the study using literature data sources without empirical research. In the future, it is hoped that similar research can use this research as an essential reference in conducting research that can obtain factual data in the field so that it can provide more accurate results.

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

2020 ◽  
Vol 5 (1) ◽  
pp. 22
Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri
Keyword(s):  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
District Court ◽  
Primary Data ◽  
Prison Sentence ◽  
Ethics Code

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

Desain Pendidikan Inklusi di Masa Pandemi Covid-19

2021 ◽  
Vol 3 (2) ◽  
pp. 246-261
Author(s):  
Hartin Kurniawati ◽  
Ika Rahayu Satyaninrum ◽  
Fifin Ari Astutik
Keyword(s):  
Inclusive Education ◽  
Student Development ◽  
Secondary Data ◽  
School Curriculum ◽  
Research Data ◽  
Data Sources ◽  
Social Emotional ◽  
Secondary Sources ◽  
Analysis Technique ◽  
Conducting Research

This study aims to determine the design of inclusive education during the COVID-19 pandemic. The research method used is a qualitative approach. In conducting research, data sources are needed, in data collection using primary and secondary sources. Primary sources are data sources that are obtained directly from informants, in this case the principal and homeroom teacher and special companion teachers. Meanwhile, secondary data is in the form of several documents required for completeness of research data. The data analysis technique used is descriptive qualitative through data reduction, data presentation and drawing conclusions. The results showed that inclusive education served all the needs of students regardless of differences. This can be seen from: (1) the composition of the class consists of various aspects of diversity, (2) each student is given treatment according to their needs, (3) SPMB is based on the child's age and observations of student development are made, (4) implements a modified K13 curriculum with the Nature school curriculum that is modified according to the needs of students, (5) learning develops aspects: cognitive, language, physical-motor, social-emotional, and moral and (6) learning evaluation is carried out every day and once a week, (7) Learning during a pandemic is through video calls, WhatsApp with a duration of 1 hour and uses the question and answer method and demonstrations.  

Aspek Hukum Pengikatan Jual Beli Tanah Petok D Menurut Kuhperdata

2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Alur Anzarwati Sekoningtias ◽  
Nynda Fatmawati Octarina
Keyword(s):  
Government Regulation ◽  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Judicial Decision ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
Land Sale

Land is an important thing in the life of the Indonesian nation. One way to obtain land is through buying and selling. Sale and purchase of land rights as set forth in Government Regulation Number 24 of 1997 concerning Land Registration. the fulfillment of all requirements relating to the sale and purchase in the presence of a notary then found a legal breakthrough and up to now still be done in the practice of buying and selling land that is made with the deed of binding sale and purchase agreement (PPJB) although the contents have been set about the sale and purchase of land but the new format limited binding of sale and purchase is a form of agreement which is or can be regarded as preliminary agreement. This study is a type of normative legal research ie research where in which researchers review the study documents that use various secondary data such as judicial decision legislation, legal theory. Based on the results of research First Characteristics of land sale and purchase agreement with the status of petok D following the general provisions of the law of agreement as set forth in Article 1457 of the Civil Code. It's just that the object of sale and purchase of land with the status of petok D, then apply the procedure agreement by using provisions that are more specific that is based on Government Regulation No. 24 of 1997 on land registration. Second The effect of the law on the parties if one party has defaulted in the binding of the land sale and purchase agreement with the status of petok D according to the Civil Code is canceled so that it is made based on Government Regulation Number 24 of 1997 due to the seller can not fulfill its obligation.  Keywords : Sale and purchase land of petok D, binding sale and purchase agreement.          ABSTRAK Tanah adalah hal yang penting dalam kehidupan bangsa Indonesia. Salah  satu cara memperoleh tanah adalah melalui jual beli. Jual beli hak atas tanah seperti yang telah diatur dalam Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah.pemenuhan terhadap semua persyaratan yang berkaitan dengan pelaksanaan jual beli di hadapan notaris maka ditemukan suatu terobosan hukum dan hingga kini masih dilakukan dalam praktek jual beli tanah yaitu dengan dibuatnya akta pengikatan perjanjian jual beli (PPJB) meskipun isinya sudah mengatur tentang jual beli tanah namun formatnya baru sebatas pengikatan jual beli yaitu suatu bentuk perjanjian yang merupakan atau dapat dikatakan sebagai perjanjian pendahuluan. Penelitian ini merupakan jenis penelitian hukum normatif yakni penelitian dimana didalamnya peneliti mengkaji studi dokumen yakni menggunakan berbagai data sekunder seperti perundang-undangan keputusan pengadilan, teori hukum. Berdasarkan hasil penelitian PertamaKarakteristik perjanjian jual beli tanah yang berstatus petok D mengikuti ketentuan umum hukum perjanjian sebagaimana yang telah diatur didalam Pasal 1457 KUHPerdata. Hanya saja obyek jual beli tanah berstatus petok D maka diberlakukan tata cara perjanjian dengan menggunakan ketentuan yang sifatnya lebih khusus yaitu berpedoman pada Peraturan Pemerintah Nomor 24 tahun 1997 tentang pendaftaran tanah.Kedua Akibat hukum terhadap para pihak apabila salah satu pihak melakukan wanprestasi dalam pengikatan perjanjian jual beli tanah yang berstatus petok D menurut KUHPerdata dibatalkan sehingga yang dibuat berdasarkan Peraturan Pemerintah Nomor 24 tahun 1997 akibat penjual tidak dapat memenuhi kewajibannya.Kata Kunci : Jual beli tanah petok D, Perjanjian Pengikatan jual beli.

scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PERJANJIAN FIDUSIA

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 81-97
Author(s):  
Moya Nurmelinda
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Analysis Techniques ◽  
Movable Object ◽  
Scientific Papers ◽  
Secondary Data Sources ◽  
Using Data ◽  
Ownership Rights

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. While the Fiduciary guarantee in accordance with Article 1 paragraph 2 of Law no. 42 of 1999 is a security right on a movable object, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to fiduciary and mortgage rights. The results in this research can beexplained that as referred to in Act No. 4 of 1996 concerning Mortgage Rights which remains in the control of the fiduciary, as collateral for the repayment of certain debts and gives priority to other creditors. Fiduciary guarantees can be carried out and stipulated in afiduciary certificate which is authorized by a notary. With this certificate, it can also be used as a protection for both parties, both as a borrower and as a lender, no one is harmed.

scholarly journals Perlindungan Hukum bagi Pemegang Hak Atas Tanah yang Dirugikan dalam Program Konsolidasi Tanah

2021 ◽  
Vol 6 (1) ◽  
pp. 18
Author(s):  
Ansella Rambu Mosa ◽  
Hariyanto Susilo
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Research Data ◽  
Data Sources ◽  
Land Consolidation ◽  
Primary Data ◽  
The Public ◽  
The Creation ◽  
Selection Of

This study aimed to describe the procedures for implementing land consolidation programs and analyzing legal protections for land rights holders who were harmed in land consolidation programs. The approach used in the research was sociological juridical, with a type of empirical juridical research. Data sources came from data obtained directly from the public or commonly referred to as primary data and other data obtained from library materials or commonly referred to as secondary data. The procedure of implementation of the land consolidation program was carried out through several stages, namely the selection of location and area of the location, socialization, the creation of agreement letters and declarations of the release of land rights, inventory, and the issuance and delivery of certificates. Legal protection for land rights holders who were harmed in the land consolidation program was guided by Article 18 of the Constitution, which stated that landowners were entitled to appropriate compensation if in the implementation of the land consolidation program found burdensome things even cause losses.

scholarly journals Existence Of Agreement In Foreign Language In The Process Of Verification In The Court

2020 ◽  
Vol 6 (3) ◽  
pp. 357
Author(s):  
Yuhelson Yuhelson ◽  
Ramlani Lina Sinaulan ◽  
Bambang Utoyo
Keyword(s):  
Foreign Language ◽  
Legal Theory ◽  
Secondary Data ◽  
Foreign Languages ◽  
Primary Language ◽  
Analysis Method ◽  
Positive Law ◽  
The Law ◽  
Legal Consequences ◽  
Made In

<p>In line with the increasingly waning of the State borders in trade and business, then currently many trade and business agreements in Indonesia are made or entered into inforeign languages. The law has in principle governed the language of the agreement, in which the Law requires the use of the Indonesian language as the primary language of the agreement, while the secondary language may use language understood by those who do not understand the Indonesian language. The problems a rise when the parties to the agreement do not understand the language arrangements provided for by this law and use Foreign languages as the primary language even further as the only language used in an agreement. This is certainly contrary to the provisions of the law and vulnerable to create new legal problems. The method used is jurical normative, amethod that examines the application of principles or norms in positive law, which examines the legal force of agreement made in private form in a foreign language. The data used are secondary data consisting of primary, secondary and tertiary legal materials. With regard to data analysis was done by using juridical qualitative analysis method. The legal theory used is the legal certainty theory according to Jan Michiel Otto and Substantiation Theory. The results of this study is an agreement made or entered into ina foreign language has no legal substantiation before a Courtof law as they are contrary to the provisions of Article 31 of Law Number 24 of 2009. There fore the legal consequences of an agreement made in private form in a foreign language is considered to be null and void, and as a consequence, such agreement is considered never to exist.</p>

scholarly journals Pembatalan Tiket Jasa Transportasi Kereta Api dan Perubahan Jadwal Penumpang Perspektif Hukum Ekonomi Syari’ah

2020 ◽  
Vol 4 (1) ◽  
pp. 1-12
Author(s):  
Fawaid Fawaid
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Analysis Techniques ◽  
Transportation Service ◽  
Conducting Research ◽  
Islamic Economic ◽  
Research Stage

In conducting research, the authors use Islamic economic law research methods that adopt qualitative research methods including both primary data sources and secondary data, data collection techniques namely observation, interviews, documentation, data analysis techniques namely editing and organizing, checking the validity of data, and stages research stage. All this researchers use to find research results. The findings in this study are as follows: 1. In running a business as a transportation service provider, PT Kereta Api does not only focus on sales but also serves to cancel and change the schedules. 2. There are two kinds of cancellations, namely canceled buyers and canceled officers. 3. Cancellations and schedule changes are both manual and online. 4. Cancellation and schedule changes can be made as long as not exceeding the specified time limit. 5. In canceling and changing passengers' schedules, an administration fee of 25% of the ticket price is subject to administration.

scholarly journals KEABSAHAN PEMBUKTIAN AKTA NOTARIS DI PENGADILAN SEBAGAI AKTA OTENTIK (Kajian Putusan No. 3591K/PDT/2018 )

2021 ◽  
Vol 6 (2) ◽  
pp. 53
Author(s):  
Hazar Kusmayanti ◽  
Yuda Anrova
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Secondary Data ◽  
Land Rights ◽  
Supreme Court Decision ◽  
Documentary Evidence ◽  
Analysis Method ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic

The evidentiary process requires evidence which is regulated under the civil procedure law in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018, discusses documentary evidence in the form of an agreement to transfer and transfer land rights. Mahakamah Agung’s decision number 3591K/Pdt/2018 states that the deed has no legal force because the land object of the dispute has been issued a legally valid right to build (HGB) certifi cate. The purpose of this paper is to fi nd out the legal considerations of the decision of the Supreme Court of the Republic of Indonesia regarding the validity related to positive law in Indonesia. The research method used is a normative juridical approach with research specifi cations in the form of descriptive analytical through secondary data obtained from literature studies. The data analysis method used is qualitative normative method. The conclusion was obtained that the deed of agreement of transfer and transfer of land rights as outlined in deed number 255 is legally valid because the agreement was made by fulfi lling the validity requirements of the agreement in Article 1320 of the Civil Code, however the judge did not provide further explanation in the judge’s consideration regarding the validity of the letter.

COVID-19, TERHADAP EKSISTENSI PELAKU USAHA

2020 ◽  
Vol 1 (2) ◽  
pp. 1-12
Author(s):  
Nanda Hidayan Sono
Keyword(s):  
Food Processing ◽  
Health Sector ◽  
Secondary Data ◽  
Food Delivery ◽  
Data Sources ◽  
Time Interval ◽  
Online Business ◽  
Secondary Data Sources ◽  
Conducting Research ◽  
The Impact

This research has the aim to find and analyze the impact of the Covid-19 pandemic on the existence of businesses in East Java. The research method in this study uses descriptive qualitative methods. Data sources are more focused on secondary data sources derived from the results of research as well as sources of reference literature in accordance with the discussion with the research conducted. The time interval for conducting research was conducted from April to June 2020. Data collection techniques used were documentation techniques. The results showed that the impact of the Covid-19 pandemic was grouped into 2 parts. First, Covid-19 Pandemic is one of the biggest factors that has an impact on business actors, especially those who depend their lives through direct meetings with consumers / buyers. Second, business categories constrained by the Covid-19 pandemic include MSMEs, hospitality and tourism, restaurants, shopping centers, transportation and property sectors. Third, business categories that increased during the Covid-19 pandemic include the health sector (masks, hand sanitizers, disinfectants, face shields, medicines, vitamins, etc.), food delivery and logistics, Information Technology, food processing and, retail. Fourth, business actors in the business category are constrained due to the Covid-19 pandemic can move to businesses that fall into the increased business category by utilizing available online business platforms or marketplaces.  

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