scholarly journals Perlindungan Hukum Pemegang Hak Atas Tanah Terhadap Objek Yang Sama (Studi Putusan Nomor putusan 55 Pdt. G.2007/PN.RAP)

2019 ◽  
Vol 18 (3) ◽  
pp. 59-76
Author(s):  
Satria Braja
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Land Rights ◽  
Conceptual Approach

The purpose of writing this article is to find out and to analyze whether the rights to land under the hands without being attended by witnesses can be justified by law and how legal protection of the holders of land rights is applied to the same object. The research method used in writing this article is normative research that uses a statue approach and conceptual approach. Based on the results of the study, the authors obtained answers to the problems; whether the above legal protection has fulfilled the basic elements Legal protection on land in fact it has a certificate on the same object so that mastery and ownership cause injustice. Responding to the things mentioned above, it is concluded that land is an inseparable part of human life and life so that land rights are human rights that legally contain control and ownership. Keywords: Legal protection, Land rights, the same object

scholarly journals Perlindungan Hukum Terhadap Notaris dalam Pelaksanaan Jabatan Notaris Berdasarkan Teori Keseimbangan Berbasis Keadilan

2021 ◽  
Vol 9 (2) ◽  
pp. 37
Author(s):  
Khairunnisa Noor Asufie ◽  
Ali Impron
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Competent Authority ◽  
Legal Protection ◽  
Public Official ◽  
Public Officials ◽  
Conceptual Approach ◽  
Principle Of Proportionality ◽  
Two Sides ◽  
Prescriptive Analysis

<span>Notary has two sides were attached, namely as an individual Indonesian citizens and public officials appointed by the competent authority. As a Notary as a holder of the office of Notary who performs duties as a public official appointed by an authorized official. Notary as an individual has a position as an Indonesian Citizen based on his personal identity as an Indonesian Citizen. The legal protection provided to the Notary is based on the position of the Notary as a public official appointed by an authorized public official, not legal protection as an individual Indonesian Citizen. Although the two are attached together but related to legal protection, there is a separation of the two positions. Legal protection of Notaries as individual Indonesian Citizens has been regulated by regulations already in Indonesia and related to the human rights of individual Indonesian Citizens while legal protection of Notaries as public officials is a topic of discussion that will be discussed further. Discuss the legal protection for Notaries in the performance of their duties by reviewing based on the principle of proportionality. Legal protection for Notaries in the performance of their office is now something important because many Notaries are criminalized in the performance of their office. The research method used for this research is normative research. This research is a <em>prescriptive analysis. </em>In this research, using the approach, the approach of legislation <em>(Statue Approach)</em> and conceptual approach (<em>Conceptual Approach</em>).</span>

scholarly journals Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future ◽  
Problem Formulations

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

scholarly journals Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

2020 ◽  
Vol 7 (8) ◽  
pp. 706
Author(s):  
Pringgo Soebowo ◽  
Endang Prasetyawati ◽  
Moch. Isnaeni
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Daily Practice ◽  
Customary Law ◽  
Land Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Approach Method ◽  
Legal Construction

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals Legal Protection Regarding Medical Record of Prospective Workers in Job Recruitment Health Test

2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar
Keyword(s):  
Medical Record ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Legal Research ◽  
Existing Problems ◽  
Health Checks ◽  
Job Recruitment ◽  
Health Test ◽  
Laws And Regulations

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals The Principle of Control Non Primary Gun System of the Indonesian National Army Protect Soldiers

BESTUUR ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 152
Author(s):  
Said Gunawan
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Legal Protection ◽  
Armed Forces ◽  
Military Operations ◽  
Defense System ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Research Show ◽  
Second Reconstruction

<p>This study aims to analyze and discover the principle of non-defense equipment regulation as a legal protection effort for members of the Indonesian Armed Forces and to reconstruct non-defense system arrangements in the context of legal protection for members of the TNI based on the value of certainty and justice with dignity. The research method in this research is descriptive juridical using statute approach, conceptual approach, analytical approach, philosophical approach and case approach. These approaches can be combined. The results of the research show that first, the principle of non-defense system regulation is subject to Law Number 34 of 2004 concerning the Indonesian National Army, especially the principle of civilian supremacy. The principle is only included in the basis of consideration. Does not specifically regulate the general provisions and body of the regulation regarding the terms and meaning of non-defense equipment and has not become one of the main tasks of the TNI in non-war military operations. Second, reconstruction of the value of alusista and non-alusista abuse must be subject to sanctions.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Defense Equipment; Indonesian National Army; Defense.</p>

scholarly journals Peran Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia Terhadap Pendaftaran Indikasi Geografis

2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Erick Junata Sipayung
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Research Method ◽  
Economic Value ◽  
Geographical Location ◽  
Legal Protection ◽  
Geographical Indications ◽  
Regional Office ◽  
Community Factors

Indonesia is a country rich in biological natural resources which is spread throughout the region, including the Riau Islands Province. Geographical location surrounded by almost 90% (ninety percent) of the sea area, it indirectly indicates the potential of Geographical Indications that are spread in 7 (seven) districts/ cities in Riau Islands. Directorate General of Intellectual Property through the Regional Office of the Ministry of Law and Human Rights has committed to continue to explore the IG potential in each region determined through the Annual Performance Target. IG legal protection can only be given if an item or product has been registered, for example "Sagu Lingga" which has just been declared as one of the IG products. The registration of “Sagu Lingga” is inseparable from the role of the Regional Office of the Ministry of Law and Human Rights of the Riau Islands in collaboration with the Lingga Regency Government and Indonesian Sagu Empowerment Association of Lingga. From the results of research in the field, in an effort to register potential IG Products in Riau Islands Province, the Role of the Kemenkumham Kepri Regional Office since the enactment of Law Number 20 of 2016 concerning Trademarks and Geographical Indications has not been running optimally, where the form of efforts carried out is still limited to inventory, coordination with local governments and supervision of IG products. This is caused by the existence of several constraints caused by several factors including Legal Factors, Law Enforcement Factors, Means and Infrastructure Factors, Community Factors and also Cultural Factors. Whereas the IG registration effort should aim to establish legal certainty and increase the economic value of a product that has an impact on the welfare of the community. This is what then makes researcher interested in pouring it in the form of research. All information was carried out by unstructured interviews, observations and document studies where sample selection was carried out using the purposive sampling method. The research method used is a sociological juridical research method.

scholarly journals The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian

2019 ◽  
Vol 3 (1) ◽  
pp. 35-43
Author(s):  
Nova Winantika Rindang Kirana ◽  
I Nyoman Nurjaya ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
East Asian ◽  
Legal Protection ◽  
The State ◽  
Conceptual Approach

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

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