Konsep Penggabungan Antara NJOP dan Nilai Pasar dalam Pengadaan Tanah untuk Kepentingan Umum

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi
Keyword(s):  
Social Justice ◽  
Mass Media ◽  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Primary Data ◽  
The Public ◽  
Existing Problems ◽  
The Law ◽  
The Republic

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 

scholarly journals NON PHYSICAL LOSS POLICY ON LAND PROCUREMENT FOR GENERAL INTERESTS BASED ON SOCIAL JUSTICE VALUES

2017 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Iga Santi
Keyword(s):  
Public Interest ◽  
Social Values ◽  
Secondary Data ◽  
Land Acquisition ◽  
Primary Data ◽  
Literature Study ◽  
The Public ◽  
The Earth ◽  
The People

This paper aims to examine non-physical loss in land procurement based on justice value. This study was conducted considering many problems arising from the current phenomenon in which people of Indonesia have not got their rights fairly. Whereas in the mandate of Constitution Article 33 of the 1945 Constitution states that the earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. The primary data was obtained from direct interviews with related parties, while secondary data were obtained from literature study. The result shows that people's behavior is strongly influenced by the culture exists in society. The culture of society includes religious values and social values. Government recognition by paying attention to the values in society in the determination of non-physical compensation will prevent prolonged conflicts that occur in the process of land acquisition for the public interest, and there are still many articles that need to be reviewed that immediately review the Article 33 letter f, Article 42 Paragraph 1 jo Article 43 UUPT Year 2012 to better reflect justice for eligible citizens and communities affected by development for the public interest.

scholarly journals LEMBAGA DEPONERING SEBAGAI IMPLEMENTASI ASAS OPORTUNITAS PERKARA PIDANA DI INDONESIA

2020 ◽  
Vol 2 (3) ◽  
pp. 331-345
Author(s):  
Gema Yudha
Keyword(s):  
Research And Development ◽  
Public Interest ◽  
Attorney General ◽  
Secondary Data ◽  
Primary Data ◽  
Nation State ◽  
The Public ◽  
Negative Effect ◽  
The Republic ◽  
Formal Requirements

Deponering or exclusion of a criminal case for the sake of interest is the authority of the Attorney General of the Republic of Indonesia in accordance with the provisions contained in Article 35 sub c of Law No. 16 of 2004 concerning the Basic Provisions of the Attorney General's Office of the Republic of Indonesia, as well as their explanations. Leaving aside the case as referred to in this provision is the implementation of the principle of opportunity in which a case (criminal act) when it is submitted to a trial is expected to cause a shock in the community or by trial the case will have a negative effect on the wider community, as happened in the case of Bibit Samad Rianto and Chandra M. Hamzah that occurred in 2009 until 2011. The problem studied was about the position of deponering institutions as the implementation of the principle of opportunity by the Attorney General and what were the reasons for the Attorney General to decide on deponering of Bibit Samad Rianto and Chandra M. Hamzah cases? This research is supported by primary data secondary data in the form of interviews with the parties in the Center for Research and Development of the Attorney General's Law. From the results of research and analysis obtained that the existence of deponering institutions as the implementation of the principle of opportunity by the Attorney General is a prosecution must be done if formal requirements have been met and must also be deemed necessary in the public interest, so that the prosecutor will not demand a case before the elements of public interest has been fulfilled. And the reason the Attorney General decided to deponering the Bibit Samad Rianto and Chandra M. Hamzah case was based on the consideration that if the case in the name of the suspects Bibit Samad Rianto and Chandra M. Hamzah was transferred to the court, it would have the effect of disturbing the performance of the Corruption Eradication Commission (KPK). as well as managerial in carrying out their duties and authorities, so as to prejudice the public interest, namely the interests of the nation, state or society and also in order to protect efforts to eradicate corruption as a whole.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

scholarly journals Implementation Of The Police Role In Doing Control And Law Enforcement Against Police In Area Community Organization Indramayu Associated With Act No. 17 In 2013 Jo. Act No. 16 2018

2018 ◽  
Vol 1 (2) ◽  
pp. 351
Author(s):  
Sunardi Sunardi ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Social Organization ◽  
Central Government ◽  
Community Organization ◽  
Secondary Data ◽  
Community Organizations ◽  
Field Studies ◽  
Primary Data ◽  
The Public ◽  
Function Unit ◽  
The Law

In this study the issues to be discussed are: Implementation of the National Police's role in conducting oversight and enforcement of the law against Society. Any barriers faced by the police in doing supervision and enforcement of the law against Social Organization. Police made solutions in overcoming these obstacles above. The methodology used by researchers is the approach empirical juridical, as for sources and types of data in this study are primary data obtained from field studies withway direct communication with the respondent or informant (CJS), And secondary data obtained from the study of literature. Based on the results of research that: the application of the national police role Indramayu in conducting oversight and enforcement of the law against Social Organization that efforts emptive, ie policing effort in order to provide guidance to the public through the development activities of the community that runs from the function Unit Binmas, such as providing information to the public, placement Bhabinkamtibmas in every village one member the Police; Barriers faced is insufficient budget for operations; In the displacement of the secretariat of CBOs, CSOs are rarely reported to the Police Indramayu; Shortage of Human Resources in terms of the establishment of the superintendent; Solutions to overcome these obstaclesthat Bakesbangpol only as a facilitator who records a list of community organizations and in coordination with the central government, while the direct supervision of the CSOs do not have the authority expressly in supervision, coaching, and dissolution of CSOs. Keywords: Implementation; Monitoring; Enforcement; Community Organizations.

scholarly journals Alcohol industry strategies to influence the reform of the Finnish Alcohol Law

2019 ◽  
Vol 36 (6) ◽  
pp. 556-568 ◽  
Author(s):  
Thomas Babila Sama ◽  
Heikki Hiilamo
Keyword(s):  
Research Question ◽  
Self Regulation ◽  
Secondary Data ◽  
Alcohol Policy ◽  
Primary Data ◽  
The Public ◽  
Alcohol Industry ◽  
Preparation Phase ◽  
The Law ◽  
Use Of Social Media

Aim: The aim of this study was to investigate the strategies used by the alcohol industry to influence the reform of the Alcohol Act in Finland during the preparation phase between 2016 and 2017. The study answers the following research question: what strategies were used by the alcohol industry to change the original purpose of the reform on alcohol in Finland? Method: Primary data were collected through 16 expert interviews with experts who had participated in the preparation of the alcohol reform in Finland, while secondary data were collected from prior literature, journal articles and Google databases. Results: The results identified three main political strategies used by the alcohol industry to influence the reform of the law on alcohol in Finland during the preparation phase between 2016 and 2017: “information”, under which the alcohol industry lobbied politicians in Parliament through Members of Parliament of the National Coalition Party due to the close ties between the two; “constituency building”, under which the alcohol industry formed alliances with interest groups in the grocery-retail business in Finland, to advocate for liberalisation of the law, as well as the use of social media – specifically Twitter – to lobby the public; and lastly, “policy substitution” to promote self-regulation. Conclusions: The results suggest that the involvement of the alcohol industry in political decision-making following Finland’s EU membership has given the industry legitimacy and new opportunities to influence alcohol policy, while limiting policies to protect the public from alcohol-related harms. The results may be useful to alcohol policy-makers.

scholarly journals PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 83
Author(s):  
Mia Permata Sari ◽  
Suteki Suteki
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Land Acquisition ◽  
The Rule Of Law ◽  
The Public ◽  
Land Dispute

In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benefits for party. an appropriate method is needed that can accommodate the value of social justice and the benefits in resolving the dispute, among others, promoting the Consensus Meeting and the Need for Alternative Dispute Resolution (ADR) as an alternative solution. In addition, the need to calculate non-physical losses in the assessment of compensation for people who have lost their livelihoods due to land acquisition projects Keywords: Land Acquisition, Land Dispute Settlement, Public Interest AbstrakDalam penyelesaian sengketa pengadaan tanah untuk kepentingan umum sudah sepatutnya negara memperhatikan nilai-nilai diluar daripada aturan hukum itu sendiri, diantaranya nilai keadilan sosial dan nilai kemanfaatan untuk menjamin hak-hak dasar masyarakat terdampak. Penelitian ini bertujuan untuk  untuk mengetahui faktor apa saja yang menyebabkan penyelesaian sengketa pengadaan tanah tersebut ditinjau dari aspek yuridis belum mencerminkan nilai keadilan dan kemanfaatan bagi para pihak sertaa merumuskan model penyelesaian sengketa pengadaan tanah dalam perspektif socio legal yang dapat mewujudkan nilai keadilan sosial dan kemanfaatan bagi para pihak. dibutuhkan suatu metode yang tepat yang dapat mengakomodasi nilai keadilan sosial dan kemanfaatan dalam penyelesaian sengketa tersebut diantaranya mengedepankan Musyawarah Mufakat dan Perlunya Alternative Dispute Resolution (ADR) sebagai solusi alternatif.. Selain itu, perlunya memperhitungkan kerugian non fisik dalam penilaian ganti rugi sehingga, terdapat solusi bagi masyarakat yang kehilangan mata pencaharianya akibat proyek pengadaan tanah Kata Kunci : Pengadaan Tanah, Penyelesaian Sengketa Tanah , Kepentingan Umum 

scholarly journals PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
KERI SANTOSA ◽  
Lathifah Hanim
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Good Faith ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public ◽  
Is Research ◽  
Library Research ◽  
Empirical Law ◽  
The Law

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building

scholarly journals THE EFFECT OF PROFESSIONAL SKEPTICISM, EXPERTISE, AUDIT FEE, AND AUDIT RISK ON AUDITOR’S OPINION WITH CLIENT PREFERENCE AS MODERATOR

2019 ◽  
Vol 2 (1) ◽  
pp. 21-33
Author(s):  
Betri Sirajuddin ◽  
Thalia Purwita Anggraini
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Audit Risk ◽  
Professional Skepticism ◽  
The Public ◽  
Client Preference ◽  
Audit Fee ◽  
Representative Office ◽  
The Republic ◽  
Public Accountant

The purposes of this study are to determine the effect of professional skepticism, expertise, audit fee, audit risk on the auditor’s opinion, and to determine preference client as the moderating variable on the effect of professional skepticism, expertise, audit fee, and audit risk on the auditor’s opinion. It is an empirical study on the public accountant firms and the Audit Board of the Republic of Indonesia (BPK RI) Representative Office in Palembang, South Sumatra, Indonesia. This study developed associative hypotheses and tested them. The data consisted of primary data and secondary data. The population of this research was the auditors of public accountant firms and BPK RI in Palembang. Totally, 111 respondents were involved. The techniques used for collecting the data were in-depth interviews, questionnaires, and documentation. The techniques used for analyzing the data were quantitative analysis and qualitative analysis. This study indicates that professional skepticism insignificantly affects  the auditor’s opinion, expertise significantly affects the auditor’s opinion, audit fee significantly affects the auditor’s opinion, and audit risk significantly affects the auditor’s opinion. Furthermore, there is no significant relationship on the auditor’s opinion from the interaction between the client preference and professional skepticism and expertise. Meanwhile, client preference is a quasi-moderator on the influence of audit fee and audit risk on the auditor’s opinion.

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