scholarly journals DETERMINATION OF THE LEGAL STATUS FOR DISASTER EMERGENCY IN INDONESIA

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 23-42
Author(s):  
Teuku Ahmad Dadek ◽  
Husni Husni ◽  
Mahdi Syahbandir ◽  
M. Ya’kub Aiyub Kadir ◽  
Yanis Rinaldi ◽  
...  
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Central Government ◽  
Regional Government ◽  
Legal Certainty ◽  
Legal Implications ◽  
The Status ◽  
Property Loss ◽  
Legal Mechanism

Article 7 paragraph (2) of the Law Number 24 Year 2007 concerning Disaster Management (UUPB) stipulates that the establishment of a disaster emergency status must contain indicators that include the number of victims, property loss, the damage of the infrastructure and facilities, the extent to which an area is affected by the disaster and the socio-economic impacts that arise. Paragraph (3) of the article states that further provisions regarding the establishment of the status and the level of the disaster are regulated through a Presidential Regulation. However, the Presidential Regulation has not yet been issued while the Letter of Decision on the Disaster Emergency Status continues to be published, which causes legal uncertainty in its implementation. Hence this article investigates the legal mechanism in determining a disaster emergency status that guarantees legal certainty, its legal implications, and steps the (central) Government and the Regional Government should take in dealing with such legal implications. The research method employed in this study is the juridical normative research. Research on disaster legislation, especially in determining disaster emergency status, has not yet demonstrated legal certainty. This is due to the absence of legal mechanisms and positive legal formalities that are built from legal facts that lead to multiple interpretations and to legal disputes. The absence of the Presidential Regulation (Perpres) as a UUPB manifestation for determining the emergency status of a disaster as stipulated by autonomous provinces/districts (Decree) has contributed to the potential arbitrary use of state funds. Therefore, the Presidential regulation is urgently required.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals The Legal Status of Mut’ah Marriage in Indonesia

2021 ◽  
Vol 21 (3) ◽  
pp. 397
Author(s):  
Mimin Mintarsih ◽  
Lukman Mahdami
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Islamic Law ◽  
Married Couples ◽  
Legal Certainty ◽  
Bad Faith ◽  
Criminal Sanctions ◽  
Political Contribution ◽  
The Status ◽  
Religious Courts

Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.

scholarly journals Cancellation of Land Certificate Based on The Court Decision in Indonesian Legal System

2019 ◽  
Vol 6 (5) ◽  
pp. 471
Author(s):  
Panji Utama Silva ◽  
Rene Descartes ◽  
Debby Dwita Sari Daulay
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Reason ◽  
The Status ◽  
Ownership Rights ◽  
Legal Force

Judge's decision has many benefits in achieving legal certainty, including in the case of the cancellation of certificate of ownership, but for the cancellation of the certificate must be canceled through the Land Office, because legally formally the cancellation is not enough with a court decision only, based on the Regulation of the National Land Agency Number 11 of 2016 concerning Settlement of Land Cases there are rules on how to revoke certificates of ownership based on court decisions that have permanent legal force. Object of research is how the to cancel the certificates of land based on court decisions that have permanent legal force, then the legal status of certificates of ownership rights that have not been canceled based on decisions that have permanent legal force. The cancellation certificates of land based on court decisions that have legal force must still be carried out based on the qualifications of Article 49 of Law Number 11 of 2016. The legal reason for refusing to cancel the certificate is to be qualified according to Article 49 paragraph 2 and Article 58 of Law Number 11 In 2016. The status of the certificate that has not been canceled, then legally formally it still belongs to the party listed on the certificate so that legally transferring rights can still be carried out on behalf of the parties listed on the certificate. The suggestion in this research is that the process of canceling the certificate is by requesting the determination of the court to cancel the certificate contained in the object of the case so that a formal juridical cancellation can be carried out at the Land Office based on Law No. 11 of 2016.

scholarly journals Effects The Constitutional Court Decision Allowing Marriage Agreement After Marriage (Constitutional Court Decision No. 69 / PUU-XIII / 2015)

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 271
Author(s):  
Kevin Hanif Hakim ◽  
Akhmad Khisni
Keyword(s):  
Research Method ◽  
Civil Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Contract ◽  
The Status ◽  
Thesis Writing ◽  
Legal Mechanism ◽  
Legal Consequences

At first the marriage law stipulated in the Civil Law Act (Civil Code) and subsequent regulations related to marriage and even then dealt with separately by Act No. 1 of 1974 on Marriage. On October 27 2016 the Constitutional Court (MK) through its Decision No. 69 / PUU-XIII / 2015 gives constitutional interpretation of Article 29 of Act No. 1 of 1974 on Marriage which basically says that the marriage contract can be carried out during the marriage bond. Therefore, the object of the author's thesis writing is a result of the law of the Constitutional Court decision that allows marriage after marriage. And the formulation of the problem in this paper are the implications of the procedure / mechanism of making the marriage contract and the legal consequences of the status of the property as well as third parties who feel aggrieved over the agreement. Methods used by the authors te is normative research method. So as to obtain results that due to the Constitutional Court's decision that allows the marriage contract after marriage alter the legal mechanism of making the marriage contract that can now be created during the marriage bond takes place by the Notary without preceded by the determination of the competent court and the legal consequences of making the marriage contract after the wedding on the status of property together with the inherent (closely related) to the time of entry into force of the agreement and binding on third parties.Keywords: Notary; Marriage Agreement; the Constitutional Court Decision

LEGAL ISSUES REGARDING IMPOSITION OF E-FORM D AS A BASIS FOR DETERMINATION OF PREFERENTIAL TARIFFS IN ATIGA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Legal Certainty ◽  
Layer System ◽  
Legal Provisions ◽  
Directorate General ◽  
Domestic Law

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 

scholarly journals ANALISIS YURIDIS HAK EIGENDOM VERPONDING SEBAGAI JAMINAN KEBENDAAN

2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Status Quo ◽  
Legal Certainty ◽  
Proof Of Ownership ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights

Strategi Penyelesaian Pendaftaran Tanah Hak Komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta

Tunas Agraria ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 45-69
Author(s):  
Ardi Saputra Sinaga ◽  
Julius Sembiring ◽  
Sukayadi Sukayadi
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Legal Status ◽  
Land Rights ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
Communal Land ◽  
Community Strategy ◽  
Land Control

Abstract: Environment and Forestry Ministry established the reserve incense forest of the Pan-dumaan-Sipituhuta Customary Law Community as a customary forest. But in reality, it has not been guaranteed legal certainty regarding the existence and recognition of the rights of the Pan-dumaan-Sipituhuta Customary Law Community. The objective of this research is to know the le-gal status of Indigenous Peoples forest in Pandumaan-Sipituhuta Customary Law at this time, strategy of the land registration of communal right settlement, and constraint and effort done in the land registration of communal right settlement of Pandumaan-Sipituhuta Customary Law Community. This research uses qualitative research method with empirical juridical research form. Based on the results of the study showed that the legal status of the Indigenous Forests of Pandumaan-Sipituhuta Customary Law Society is currently reserved as customary forest of Pan-dumaan-Sipituhuta Customary Law Community. Strategy for resolving communal rights land registration in the incense forest of the Pandumaan-Sipituhuta Customary Law Community through four stages. First, recognition of the existence of the Pandumaan-Sipituhuta Customary Law Community. Secondly, the establishment of customary forests of the Pandumaan-Sipituhuta Customary Law Community by Environment and Forestry Ministry. Third, the Settlement of Land Control in Forest Areas is carried out in accordance with Presidential Regulation Number 88 of 2017 by issuing customary forests of the Pandumaan-Sipituhuta Customary Law Community from forest areas. Fourth, registration of communal land rights of Pandumaan-Sipituhuta Custom-ary Law Community.Keywords: strategy, communal rights, customary forestsIntisari: Kementerian Lingkungan Hidup dan Kehutanan (KLHK) menetapkan pencadangan hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta sebagai hutan adat. Tetapi kenyataannya, keadaan tersebut hingga saat ini dinilai belum menjamin kepastian hukum akan keberadaan dan pengakuan hak Masyarakat Hukum Adat Pandumaan-Sipituhuta. Tujuan dari penelitian ini untuk menjelaskan bagaimana strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis empiris. Berdasarkan hasil penelitian menunjukan bahwa status hukum hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta saat ini dicadangkan sebagai hutan adat. Strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta melalui empat tahapan. Pertama, pengakuan keberadaan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Kedua, penetapan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta oleh KLHK. Ketiga, dilakukan Penyelesaian Penguasaan Tanah dalam Kawasan Hutan sesuai dengan Peraturan Presiden Nomor 88 Tahun 2017dengan cara mengeluarkan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta dari kawasan hutan. Keempat, pendaftaran tanah hak komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta.Kata Kunci : strategi, hak komunal, hutan adat

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

2021 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Hananto Widodo ◽  
Fradhana Putra Disantara
Keyword(s):  
Public Health ◽  
Government Regulation ◽  
Conceptual Approach ◽  
Public Health Emergencies ◽  
Legal Implications ◽  
Concept Of Health ◽  
Presidential Decree ◽  
The Status ◽  
The Government

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

scholarly journals Government Cooperation (Study of the Cooperation between the Central and Regional Governments in the Development of Tourism Priority Destinations in Tanjung Kelayang, Bangka Belitung)

2018 ◽  
Vol 1 (2) ◽  
pp. 202 ◽  
Author(s):  
Ramadhani Berthi
Keyword(s):  
Local Government ◽  
Central Government ◽  
Business Community ◽  
Regional Government ◽  
Tourist Attractions ◽  
Inhibiting Factors ◽  
Tourism Sector ◽  
Community Tourism ◽  
The Status ◽  
Regional Governments

In order to improve and develop the priority sector, namely the tourism sector, 10 (ten) priority destinations are determined in Indonesia, one of them is Tanjung Kelayang Destination in Bangka Belitung. The development of this priority destination, being the domain of authority of the central government and regional governments, it is necessary for Government Cooperation. The results of the study found that the model of cooperation between the central and regional governments in the development of Tanjung Kelayang Destinations was not only developed through government cooperation in the status of KSPN (National Tourism Strategic Area) which was deconcentrated, but also developed through government cooperation in the status of KEK (Creative Economic Zone) in the concept ABCGM (Academics, Business, Community, Government, Media). In each model of cooperation in its implementation there are still some problems, namely the local government is less able to take advantage of the opportunities in proposing activities to the central government through the Deconcentration Fund and DAK (Special Allocation Funds) in the KSPN status, and there are some activities that are not focused and not suitable for the development of KEK Tanjung Kelayang. There are several inhibiting and supporting factors identified and influencing government cooperation, inhibiting factors in the development of Tanjung Kelayang Priority Destinations namely lack of accessibility especially transportation, lack of awareness of community tourism, lack of community creativity while supporting factors are many foreign tourists and there are famous tourist attractions (Laskar Pelangi Island). Thus, the Central and Regional Government Cooperation can conclude that it is still not enough to make the Tanjung Kelayang destination a priority destination in Indonesia.Keywords :Government Cooperation, Tourism Development, Priority Destinations

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