scholarly journals ANALISIS PERTIMBANGAN HAKIM DALAM PERALIHAN HAK ATAS TANAH TERLANTAR MILIK BADAN USAHA MILIK NEGARA NOMOR : 03/PDT.G/2011/PN-LSM”

2021 ◽  
Vol 2 (3) ◽  
Author(s):  
Nurmalinda N ◽  
Sulaiman S ◽  
Herinawati H
Keyword(s):  
Government Regulation ◽  
The State ◽  
District Court ◽  
Abandoned Land ◽  
The Republic ◽  
Definition Of ◽  
Ownership Rights

Abandoned land is land that has been granted rights by the state in the form of Ownership Rights, Business Utilization Rights, Building Use Rights, Use Rights and Management Rights, or basic control over land that is not cultivated, not used, or not utilized in accordance with the circumstances or the nature and purpose. granting rights or the basis for their control. The definition of abandoned land is not regulated in Government Regulation of the Republic of Indonesia Number 11 of 2010 concerning Control and Utilization of Abandoned Land (“PP No. 11/2010”). However, it is regulated in Article 1 point 6 of the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 4 of 2010 concerning Procedures for Controlling Abandoned Land.The results of the study explain that the judge with his considerations in the case related to the transfer of rights to abandoned land belonging to state-owned enterprises in the decision Number: 3/Pdt.G/2011/PN-Lsm The judge considered that the problem in the abandoned domain was absolutely not the authority of the lhokseumawe district court. However, in the State Administrative Court, because the plaintiff in his case mentioned the ownership assets of the land. Thus, the judge rejected all of the plaintiffs' claims.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals First Travel Fraud Case and the Legal Protection for the Victims

2021 ◽  
Vol 3 (3) ◽  
pp. 267-280
Author(s):  
Hafizh Siraji
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Material Loss ◽  
The Republic ◽  
Case Number

Fraud committed by PT. First Travel has at least harmed prospective Hajj and Umrah pilgrims as many as 35,000 people, of which the material loss in this case is 500 billion. This is also suspected by the lack of strict regulations made by the state through Law No. 13 of 2008 concerning the implementation of Hajj and Umrah. However, until now the protection for the loss of first travel victims has not been completed, the decision of the Depok District Court with case number 83/Pid.B/2018/PN.Dpk which led to an appeal with case number 3096/K/PID.SUS/2018 decided on January 31, 2019. All assets seized were in accordance with the Decree of the Minister of Justice of the Republic of Indonesia Number M.04.PR.07.03 of 1985 concerning the organization and working procedures of RUTAN and RUPBASAN. This paper is indented to analyze the protection for the victims on the fraud case on PT First Travel Fraud case.

Latvijas prezidenta Egila Levita runu valodiskais profils: ceremoniālā, juridiskā vai politiskā retorika?

2021 ◽  
pp. 333-345
Author(s):  
Līga Romāne-Kalniņa ◽  
Keyword(s):  
Critical Discourse Analysis ◽  
Political Discourse ◽  
The State ◽  
Point Of View ◽  
Frequent Use ◽  
European Court ◽  
The Media ◽  
The Republic ◽  
Characteristic Features ◽  
Definition Of

Aristotle’s definition of rhetoric as the art of observing the available means of persuasion is one of the most widely used quotations not only in linguistics but also in social, political, and communication sciences. Aristotle, apart from defining the elements of rhetoric (logos, ethos and pathos), has proposed three types of rhetoric that refer either to the present situation (ceremonial), the past (judicial), or the future (political). The current president of Latvia and his language use is one of the most widely discussed topics across the media and academia due to the register, style, and content of his speeches. Moreover, the president of Latvia has a direct impact on how the state is perceived nationally and internationally; thus, it is significant to investigate the linguistic profile of the linguistic expression of the ideas communicated by the president to the wider public. The current study analyses 160 speeches given by president Egils Levits on nationally significant occasions as well as internationally with the aim to investigate whether the speeches of the president of Latvia correspond to the ceremonial, political or judicial rhetoric because the president represents both legal and political discourse as the former judge of the European Court of Human Rights and the former minister of Justice, and as the head of the Republic of Latvia represents the state nationally and abroad. The study is grounded in the theories on rhetoric and Critical Discourse Analysis applied to political discourse and presidential language and discussed by scholars such as Aristotle (1959), Van Dijk (2006), Chilton and Schäffner (2002), O’Keeffe (2006), Van Dijk (2008), David (2014), Wilson (2015) and Wodak and Mayer (2016). The results of the current study reveal that the speeches are a clear representation of a combination of legal, political, and ceremonial rhetoric and cross various semantic fields that are marked by the use of field terminology in combination with topos of definition and name interpretation to explain the terms directly in the speeches. The speeches by Levits are furthermore marked by relatively frequent use of loanwords, neologisms, obsolete words, and compounds that is one of the main characteristics of the linguistic profile of his speeches. Additional characteristic features are the use of parallel sentence constructions, inverted word orders, rhetorical questions, and pronominal referencing to attract the listener's attention and emphasize the thematic areas of the speeches. Nevertheless, it has been concluded that such linguistic techniques as metaphors, metonymies, synecdoche, or hyperbole are used comparatively less frequently, thus making the speeches appear more formal and less emotional from the linguistic point of view.

scholarly journals The expediency of identifying strategic alternatives to the development of the state's economic security system through SWOT analysis

VUZF Review ◽  
2019 ◽  
Vol 4 (4) ◽  
pp. 15-24
Author(s):  
Anatolii, Loishyn ◽  
Mykola, Tkach ◽  
Sergey, Levchenko ◽  
Vitalii, Getmanskii ◽  
Pavlo, Parhomenko
Keyword(s):  
Swot Analysis ◽  
Economic Security ◽  
The State ◽  
Security System ◽  
Difficult Situation ◽  
Advantages And Disadvantages ◽  
Self Sufficiency ◽  
Macroeconomic Indicators ◽  
The Republic ◽  
Definition Of

The outcomes of the conducted research presented in the article will be valuable for managers of all levels involved in strategic planning and management of the modern economy of the state. The article addresses the urgent issue of identifying certain strategic alternatives in the development of the state's economic security system. The analysis of existing threats to the economic security of the state is conducted; the approaches to the definition of economic security are analyzed. The study emphasizes the complex political, social and economic situation in Ukraine due to the difficult situation in eastern Ukraine and the temporary occupation of the Republic of Crimea. It draws attention to the place of Ukraine in the ranking of international organizations and provides information on the main forecast macroeconomic indicators of economic and social development of Ukraine for 2020-2022. It is determined that the economic security of the state is based on self-sufficiency, stability and development of all constituent elements of the economy, and their list is given. The article emphasizes the priority development of the economic security system in the conditions of continuous improvement of the scientific and technical market, constant modernization of production, development of educational institutions, creation of a favorable climate for investment, significant state support of innovative activity. The possibility of using SWOT analysis as a tool for determining strategic alternatives has been investigated and confirmed. The article analyzes information and gives a detailed description of the elements (components) of SWOT analysis. The algorithm of estimation with use of SWOT analysis is graphically presented. The method of carrying out SWOT analysis with corresponding detail of each stage is presented. The study identified and analyzed the advantages and disadvantages of using SWOT analysis in comparison with other methods.

scholarly journals Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

2020 ◽  
Vol 1 (2) ◽  
pp. 281-285
Author(s):  
I Dewa Gede Sastra Buwana ◽  
I Wayan Rideng ◽  
I Ketut Sukadana
Keyword(s):  
Oil And Gas ◽  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Criminal Sanctions ◽  
Legal Literature ◽  
Legal Sanctions ◽  
The Republic ◽  
The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

scholarly journals Penegakan Hukum Lingkungan Berbasis Asas Tanggung Jawab Negara Di Indonesia

2021 ◽  
Vol 16 (1) ◽  
pp. 112-129
Author(s):  
Muhammad Syaiful Anwar ◽  
Rafiqa Sari
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Environmental Law ◽  
Well Being ◽  
The State ◽  
Deterrent Effect ◽  
State Responsibility ◽  
Environmental Damage ◽  
The Republic ◽  
Settlement Of Dispute

 Environmental law enforcement put forward settlement of dispute through administration law as well as civil and criminal law. Based on the principle of state responsibility, the state will guarantee that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development.The formulation of the problem a point issue is environmental management in Indonesia by the state in accordance with the principle of state responsibility? And, how is the implementation of sanctions as environmental law enforcement based on Government Regulation of the Republic of Indonesia Number 22 of 2021 concerning the Implementation of Environmental Protection and Management? The method used in this research is juridical normative with regulation approach. The results of the study conclude that Indonesia has not been maximized in carrying out the function of the principle of state responsibility because there is still a lot of forest destruction that has occurred, and law enforcement, both administrative, civil and criminal, should be carried out in a balanced manner so that the deterrent effect of law enforcement can be a reflection for the parties who will do environmental damage

Bank of Hawaii v. Balos

1989 ◽  
Vol 83 (3) ◽  
pp. 583-586
Author(s):  
Mark A. Chinen
Keyword(s):  
United States ◽  
Subject Matter ◽  
Pacific Islands ◽  
The United States ◽  
The State ◽  
Marshall Islands ◽  
District Court ◽  
Foreign State ◽  
The Pacific ◽  
The Republic

Plaintiff bank, incorporated under the laws of the state of Hawaii, brought an action in the United States District Court for the District of Hawaii against defendants, residents and citizens of the Republic of the Marshall Islands (RMI). One of the defendants, Imata Kabua, moved to dismiss the complaint for lack of subject matter jurisdiction on the ground that diversity of citizenship did not exist because defendants were not citizens of a “foreign state” within the meaning of 28 U.S.C. §1332(a)(2). The district court (per King, J.) denied the motion and held that diversity jurisdiction exists because the RMI, although technically retaining membership in the Trust Territory of the Pacific Islands (TTPI), has de facto become a foreign state.

scholarly journals Efektivitas Bantuan Hukum Advokat di Pos Bantuan Hukum (Posbakum) Pengadilan Negeri Denpasar Kelas I A

2021 ◽  
Vol 2 (2) ◽  
pp. 373-378
Author(s):  
Gregorius Yolan Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
District Court ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Family ◽  
Class 1 ◽  
The Republic ◽  
Definition Of ◽  
Data Collection Procedure

The development of the concept of a rule of law is a product of history, because the formulation or definition of a rule of law is constantly developing in line with the development of human resources. The state is obliged to provide legal assistance with the aim of protecting and prospering the community, this is in accordance with Article 27 paragraph (1) of the 1945 constitution of the Republic of Indonesia, it is stated that all citizens are equal before the law. The purpose of this research is to explain the position of the legal aid post (Posbakum) in the Denpasar District Court Class IA in providing legal assistance to defendants whose sentence is over 5 years and to find out the factors of constraints for the assistance post (Posbakum) in the Denpasar District Court. This research is designed using empirical legal research with a statutory approach, then the data sources used are primary and secondary data. The data collection procedure was carried out by means of interviews and records, which were then analyzed using descriptive qualitative methods. The results showed that the legal assistance provided by lawyers at the legal aid post (Posbakum) at the Denpasar District Court Class IA was effective because it had carried out the provision of law to the underprivileged community either through direct appointment by the judge or through submission of a letter from the poor. according to Law No. 11 of 2011 concerning Legal Aid and in accordance with the MoU which was signed between the Denpasar District Court Class 1 A and the legal aid post. As for the factors that were often faced by the aid post (Posbakum), namely the defendant himself, namely that the family of the defendant was difficult to find to ask for a statement of incapacity and the community's low knowledge of legal aid facilities.

scholarly journals PERLINDUNGAN HUKUM KORBAN SALAH TANGKAP OLEH KEPOLISIAN REPUBLIK INDONESIA

2020 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
Lukman Hakim ◽  
Paidjo Paidjo ◽  
Tegar Mukmin Alamsyah Putra
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Criminal Cases ◽  
Applicable Law ◽  
State Apparatus ◽  
The Law ◽  
The Republic ◽  
National Police ◽  
Police Level

Indonesia is a country of law that upholds justice and guaranteeing all citizens equal before the law in its position without any exceptions. In the opening text of the Constitution of the Republic of Indonesia in 1945 and the first paragraph of the fifth principle of Pancasila prove that Indonesia is a country that upholds the sense of social justice for all Indonesian people, independent country, united, sovereign, just and prosperous. Indonesia received the law as the state ideology to create order, security, justice and prosperity for its citizens. One of the state apparatus that perform the function of the law is the police, one of the actions of the national police is investigating. The process of investigation is the examination process in criminal cases in order to obtain enough information to find and collect evidence on the matter and to find the suspects. Nowadays many cases of wrongful arrests in the investigation process at the police level causing adverse effects on the morale and psychological. How the legal protection for victims of wrongful arrests made by the police of the Republic of Indonesia. The method used in this study is adalahYuridis Normative that is based on the Principles of Law, the rules of law and Regulation Legislation relating to criminal law. In the legal protection as stipulated in the Regulation Legislation that the suspect, defendant or convict is entitled to sue for damages because of being arrested, detained, charged and prosecuted or subjected to other measures, without reason under the Act or in error about the person or the applicable law , Paragraph (2) compensation claim by the suspect or his heirs for the arrest or detention and other measures without reason under the Act or in error about the person or the applicable law as referred to in paragraph (1) that its case was not submitted to the district court, disconnected at a pretrial hearing.Negara Indonesia adalah negara hukum yang menjunjung tinggi rasa keadilan dan menjamin semua warga negara, sama dalam kedudukannya dimata hukum tanpa ada perkecualian. Dalam teks pembukaan Undang Undang Dasar Negara Republik Indonesia 1945 alinea pertama dan Pancasila sila kelima membuktikan bahwa Indonesia adalah negara yang menjunjung tinggi rasa keadilan sosial bagi seluruh rakyat Indonesia, negara yang merdeka, bersatu, berdaulat, adil dan makmur. Indonesia menerima hukum sebagai ideologi negara untuk menciptakan ketertiban, keamanan, keadilan serta kesejahteraan bagi warga negaranya. Salah satu aparatur negara yang menjalankan fungsi hukum adalah Polri, Salah satu tindakan polri adalah penyidikan. Proses penyidikan adalah proses pemeriksaan dalam perkara pidana guna mendapatkan informasi yang cukup, menemukan dan mengumpulkan bukti-bukti mengenai perkara tersebut dan guna menemukan tersangkanya. Sekarang ini banyak kasus salah tangkap dalam proses penyidikan pada tingkat kepolisian menyebabkan kerugian yang berdampak pada moril dan psikis. Bagaimana perlindungan hukum terhadap korban salah tangkap yang dilakukan oleh kepolisian Negara Republik Indonesia. Metode yang digunakan dalam penelitian ini ini adalahYuridis Normatif yaitu berdasarkan Asas-Asas Hukum, kaidah-kaidah hukum dan Peraturan Perundang-Undangan yang berkaitan dengan hukum pidana. Dalam perlindungan hukum sebagaimana diatur di dalam Peraturan Perundang-Undangan bahwa tersangka, terdakwa atau terpidana berhak menuntut ganti kerugian karena ditangkap, ditahan, dituntut dan diadili atau dikenakan tindakan lain, tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orangnya atau hukum yang diterapkan. Ayat (2) tuntutan ganti kerugian oleh tersangka atau ahli warisnya atas penangkapan atau penahanan serta tindakan lain tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orang atau hukum yang diterapkan sebagaimana dimaksud dalam ayat (1) yang perkaranya tidak diajukan ke pengadilan negeri,diputus di sidang praperadilan.

scholarly journals Role and place gender in education Republic of Belarus

Osvitolohiya ◽  
2017 ◽  
pp. 81-85
Author(s):  
Vitaliy Kurilo ◽  
Alla Hutsol ◽  
◽  
Keyword(s):  
Family Policy ◽  
Gender Issues ◽  
Legal Framework ◽  
The State ◽  
Action Plans ◽  
Gender Policy ◽  
Gender Education ◽  
The Republic ◽  
Definition Of ◽  
The Individual

The article highlights the legal framework for introducing a gender approach in the education system of the Republic of Belarus, analyzed documents related to the implementation of the gender component in the activities of educational institutions, namely the national action plans for gender equality, the document «Main Directions of the State Family Policy», the National Action Plans The National Program for Demographic Security, the Presidential Program «Children of Belarus», the State Employment Program, the Concept of Continuous Education of Children and Students in the Republic of Belarus. The article highlights the importance of gender issues for the development of society as a whole and of the individual in particular. The definition of the concept of «gender education» is given and emphasis is placed on the process of socialization as a leading factor in the development of gender identity and progressive views on gender issues. Stressed that should clearly distinguish between two levels of implementation of gender policy in the educational system of the Republic of Belarus – declarative and implementation. In declarative level made a significant number of regulations that ensure the development of gender education. In impelentatsiynomu level there are a number of problems are overcome only possible to achieve full.

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