scholarly journals KEDUDUKAN HUKUM PERSEWAAN TANAH NEGARA

2017 ◽  
Vol 16 (2) ◽  
pp. 139
Author(s):  
Iwan Permadi
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
The State ◽  
Third Party ◽  
Public Land ◽  
Regional Autonomy ◽  
The Public ◽  
The Third ◽  
Secondary Data Sources ◽  
The Right

<em>This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.</em>

Kedudukan Hukum Persewaan Tanah Negara

2016 ◽  
pp. 139-153
Author(s):  
Iwan Permadi
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
The State ◽  
Third Party ◽  
Public Land ◽  
Regional Autonomy ◽  
The Public ◽  
The Third ◽  
Secondary Data Sources ◽  
The Right

This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.

Mancipes, pecunia, praedes and praedia in the epigraphic Lex agraria of 111 BC

2007 ◽  
Vol 75 (1) ◽  
pp. 3-16
Author(s):  
L. de Ligt
Keyword(s):  
The State ◽  
Third Party ◽  
Public Land ◽  
The Third ◽  
History Of ◽  
Early Text ◽  
The Third Party ◽  
The Right ◽  
Do So

AbstractThe aim of this article is to shed new light on the history of the Roman ager publicus in Africa as revealed by the epigraphic Lex agraria of 111 BC. According to some recent commentators, this law refers to the leasing out of state-owned land in Africa in return for an annual rent (pequnia) and also to the farming-out of the right to collect this revenue to private tax-farmers. Against this it is argued that throughout the African part of the Lex agraria the term pequnia refers to the price of formerly public land sold off by the state. It is also argued that the enigmatic expression invito eo quei dabit in line 84 is part of a provision concerning the intervention of a third party on the buyer's behalf. The provision in question prescribes that if the buyer does not pay the price immediately and has not yet offered real security in the form of praedia, any third party willing to fulfil either of these obligations will be permitted to do so, even if the buyer does not want the third party to intervene. We are therefore dealing with an early text concerning unsolicited intervention on behalf of a debitor invitus, a topic that is also dealt with in D. 46,3,53 (Gaius) and in D. 17,1,53 (Papinian).

scholarly journals SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals Pendidikan Akhlak Anak Dalam Perspektif Abdulah Nasih Ulwan dan Relevansinya dengan kondisi saat ini

2018 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Erfa Ernawati
Keyword(s):  
Moral Education ◽  
The State ◽  
Human Beings ◽  
National Education ◽  
The Public ◽  
The Third ◽  
The Right ◽  
As If

The purpose of national education is to develop the potential of learners to become human beings who believe and cautious to God Almighty, have noble character, healthy, knowledgeable, capable, creative, independent, and become citizens of a democratic and responsible. In fact, although the number of educated people is increasing, there is still a lot of criminality, immorality, violation of law and other issues as if eliminating the identity of a nation that berpencasila. This is where the importance of morals, the role of morals in life is often beyond the role of science, for science without morality encourages people to the kebiadapan ". So it becomes a necessity for all educators, the public as well as the state to focus on matters of morality, by realizing that children's time is the right time to instill morals. An effective method is needed to instill morals to the children, and in this case we are referring to Abdullah Nasih Ulwan who has made the formula for the education of morals for children in accordance with the rules of the current education. Departing from the background mentioned above, In order for research to have direction, base and meaning, it is necessary writer to formulate the purpose of this research, namely: first, to know urgency of moral education in children according to Abdullah Nasih Ulwan, second to know the method and application of moral education on according to Abdullah Nasih Ulwan, the third to know its relevance to the current conditions.

scholarly journals Improvement of legal support of training of members of civil formations by National Police bodies

2020 ◽  
Vol 2 (2) ◽  
pp. 105-109
Author(s):  
Svitlana Ryzhkova
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Public Order ◽  
The Public ◽  
Special Training ◽  
Village Council ◽  
The Law ◽  
The Right ◽  
National Police

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

scholarly journals The joint owners’ grant exploitation rights to the third person on joint ownership goodsPaydaşların paylı mülkiyet konusu eşyadan üçüncü kişileri yararlandırma yetkileri

2018 ◽  
Vol 15 (1) ◽  
pp. 399
Author(s):  
Zeynep Özcan
Keyword(s):  
Legal Status ◽  
Legal Aspects ◽  
English Summary ◽  
Theory And Practice ◽  
Third Party ◽  
The Third ◽  
Third Person ◽  
Joint Ownership ◽  
The Right ◽  
The Third Person

Joint ownership, which is the most prevalent type of co-ownership, is regulated between Article 688 and Article 700 of Turkish Civil Code (hereinafter referred to as “TCC”). Joint ownership is the type of co-ownership, in which more than one person, whom have the same legal status, enjoy the property rights pro rate to their shares. Joint ownership, which is widely seen in theory and practice, has important legal aspects in terms of joint owners’ rights and authorities. Each joint owner of joint ownership has the same rights and authorities as any sole property owner had. The concept of share and joint owners’ power of disposition are significant issues within the Joint ownership. Joint owners have certain rights with respect to usufruct, management and protection of that property. Exploitation rights of such property are determined pro rata to shares hold by the joint owners . Specifically, there are certain limitations for joint owners in terms of the exploitation rights of that property. The right to grant exploitation in favor of third parties by joint owners limits the exploitation rights of other joint owners. Joint owners may grant easements to any third party on the property that subjected to Joint ownership. All joint owners should cast an affirmative vote so as to grant such easement. Besides this, each joint owner may establish any easement rights in favor of any third party upon its shares.Extended English summary is in the end of Full Text PDF (TURKISH) file. Özet             Birlikte mülkiyetin en yaygın türü olan paylı mülkiyet, TMK. m. 688 ve 700 arasında düzenlenmektedir. Paylı mülkiyet, aynı hukukî statüdeki birden fazla kişinin belirli bir eşyaya aynı anda payları oranında malik oldukları toplu mülkiyetin bir türüdür. Teori ve uygulamada sıklıkla karşılaşılan paylı mülkiyet birliği, sahiplerine tanıdığı hak ve yetkiler bakımından da önemlidir. Paylı mülkiyet birliğini oluşturan paydaşlardan her biri malikin sahip olduğu hak ve yükümlülüklere sahiptir. Paylı mülkiyette pay kavramı ve paydaşların pay üzerinde tasarruf yetkileri önemlidir. Paydaşların paylı mülkiyet konusu eşya üzerinde kullanma, yararlanma, yönetim yetkileri ve paylı mülkiyete konu eşyayı korumaya ilişkin yetkileri vardır. Bu yetkilerden, paydaşların yararlanma yetkileri pay oranlarına göre belirlenir. Özellikle de paydaşların paylı mülkiyet konusu eşyayı kullanma yetkilerine ilişkin kanuni ve iradi sınırlamalar bulunmaktadır. Paydaşların 3. kişileri paylı mülkiyet konusu eşyadan yararlandırma yetkisi onların eşyayı kullanma yetkisini sınırlandırmaktadır. Paydaşlar eşya üzerinde 3. kişi lehine irtifak hakkı kurabilirler. Bu durum paydaşların oybirliği ile karar almalarını gerektirir. Ayrıca her paydaş kendi payı üzerinde irtifak hakkı kurarak da 3. kişiye eşyadan yararlanma hakkı tanır.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

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