scholarly journals KONSEP KEPENTINGAN UMUM DALAM PENGADAAN TANAH DIHUBUNGKAN DENGAN KEPASTIAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 29
Author(s):  
RR. Meiti Asmorowati
Keyword(s):  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Research Approach ◽  
Court Decisions ◽  
Legal Certainty ◽  
The People ◽  
State And Society ◽  
Analytical Research ◽  
Laws And Regulations

The debate arises regarding the meaning of the concept of public interest. The concept of public interest changes, not the same/different so it is not clear, not firm and not standard, both in regulations, in the opinion of experts, in court decisions, and the implementation of land acquisition. As a result of the concept of public interest is interpreted differently, namely interpreted in the interests of the private, business (commercial) and financiers to seek maximum profits. The research approach used is juridical normative, with the nature of descriptive-analytical research. The research source uses secondary data consisting of primary, secondary, and tertiary legal materials. The results of the first research are the concept of public interest in land acquisition, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and implementation of non-standard land acquisition. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is not clear. For this reason, the concept of public interest is made standard so that it is not interpreted differently, that is, interpreted for business purposes in the context of seeking profit. If interpreted for business purposes, it is not useful for everyone, including the community and the state. The results of the research of the two concepts of public interest in the land acquisition are related to legal certainty, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and the implementation of non-standard land acquisition, then there is no legal certainty. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is unclear which ultimately does not provide legal certainty. The meaning of legal certainty is order, what is allowed, and what is not allowed. To guarantee legal certainty, the concept of public interest in the article is added to the element of public interest that is not for business purposes, so that the article is in the interest of the nation, state, and society as much as possible for the prosperity of the people and not for business. Keywords : Public Interest, Land Acquisition, Benefit Principle.

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.

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals WISATA RELIGI MAKAM GUNUNG JATI CIREBON SEBAGAI BUDAYA DAN MEDIA SPIRITUAL

2018 ◽  
Vol 5 (1) ◽  
pp. 101
Author(s):  
Musrifah Musrifah
Keyword(s):  
Qualitative Research ◽  
Content Analysis ◽  
Secondary Data ◽  
Research Approach ◽  
Cultural Shift ◽  
The People ◽  
Religious Tourism ◽  
The Guardian

<p>Abstract</p><p>The tomb of Gunung Jati is one of the graves of wali sanga on the island of Java. Gunung Jati tomb according to the community other than as a place of communication with the Creator is also regarded as a place for ngalap blessing, so that every day is never empty, especially in the month of maulid, especially on 12 Rabiul Awal most crowded pilgrims. The various cultures of the people who visit the tomb have their own goals and wishes, for example wanting to reach all their wishes and ideals, wealth, dating, career, having children and so on. The author raised the title because seeing the phenomenon of society from the traditional era until the postmodern period has not happened cultural shift, one of them is the culture of pilgrimage grave sali wali.<br />Based on the phenomenon that the authors see every month Rabi’ul Awal, especially on the 12th of Ramadan pilgrims more than usual day, because on that date the gates of the tomb opened so that the visitors can be allowed to enter, but also the palace of the elders also opened. The princesses and the sultanate of cirebon sultanate held a question, marching around the palace’s environs to wash away the sultan’s kris. That’s what makes visitors more than usual. Tomb of Sunan Gunung Jati as one of the religious tourism visited by all walks of life, especially villagers often hold sali wali tour / pilgrimage of Wali Sanga that is visiting all guardians with the aim to synergize, dhikr with Allah through the guardian, also ngalap blessing of 7 kinds wells in the area of Cirebon.<br />This research uses qualitative research approach of reseachal library. Data-bricks used using primary and secondary data. The analysis used using content analysis.<br /><br /></p><p>Abstrak<br />Makam gunung Jati adalah salah satu makam wali sanga di pulau jawa . Makam gunung Jati menurut masyarakat selain sebagai tempat komunikasi dengan Pencipta juga dianggap sebagai tempat untuk ngalap berkah, sehingga setiap hari tidak pernah sepi, terutama pada bulan maulid khususnya tanggal 12 Rabiul Awal paling rame peziarahnya. Bercorak ragam budaya masyarakat yang berkunjung ke makam mempunyai tujuan dan keinginan masing-masing,misalnya menginginkan tercapai segala keinginan dan cita-citanya, kekayaan, jodoh, karier,mempunyai anak dan lain sebagainya. Penulis mengangkat judul tersebut karena melihat fenomena masyarakat dari zaman tradisional sampai zaman posmodern belum terjadi pergeseran budaya, salah satunya adalah budaya ziarah makam wali sanga.<br />Berdasarkan fenomena yang penulis lihat setiap bulan Rabi’ul Awal terutama tanggal 12 Rabiul Awal peziarahnya melebihi hari biasa, karena pada tanggal tersebut pintu-pintu gerbang makam dibuka sehingga penggunjung diperbolehkan masuk, selain itu juga kraton kesepuhan juga dibuka. Para putri dan panggeran kesultanan cirebon menggadakan peranyaan, berbaris mengitari lingkungan keraton untuk membasuhi keris-keris peninggalan sultan. Peritiwa itulah yang membuat pengunjung lebih banyak dari hari biasa. Makam Sunan Gunung Jati sebagai salah satu wisata religi yang dikunjungi oleh semua lapisan masyarakat, terutama masyarakat desa sering mengadakan wisata wali sanga/ziarah Wali Sanga yaitu mengunjungi semua wali dengan tujuan untuk bersinergi, berdzikir dengan Allah melalui para wali, juga ngalap berkah dari 7 macam sumur yang ada di kawasan cirebon. <br />Penelitian ini menggunakan pendekatan penelitian kualitatif library reseachal. Data-bata yang digunakan menggunakan data-data primer dan sekunder. Analisis yang digunakan menggunakan content analysis.<br /><br /></p>

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

scholarly journals Literacy of Agricultural Zakat in Village Communities

2021 ◽  
Vol 5 (1) ◽  
pp. 89-103
Author(s):  
Tasriani Tasriani
Keyword(s):  
Secondary Data ◽  
Community Leaders ◽  
Primary Data ◽  
Research Approach ◽  
Agricultural Produce ◽  
The People ◽  
Secondary Data Source ◽  
Qualitative Descriptive ◽  
Village Communities ◽  
The Government

This study aims to determine the literacy of the village community about agricultural zakat and what factors are behind the lack of village people in paying agricultural zakat. This research approach uses a qualitative descriptive approach. Collecting data from this research are interviews, documentation, and observations. The sources of data obtained from primary data sources are from the head of Sidodadi Village, one of the hamlet heads, community leaders, and farmers. While the secondary data source is documentation obtained from the field. Zakat is a property that must be issued for Muslims to those who are entitled to receive it, such as the faqir, poor, amil, converts, slaves, gharim, fisabilillah, and ibn sabil. The agricultural zakat is all agricultural produce that is planted using seeds, the results of which can be eaten by humans and animals. Agricultural zakat can be in the form of grains, tubers, vegetables, fruits, flowers, and so on. The results of this study are the lack of public literacy about agricultural zakat, besides that there has been no socialization about agricultural zakat from community leaders and from the government which causes the people of Sidodadi Village to have low agricultural zakat literacy.

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

scholarly journals The Politics of Law of Pancasila-based Democracy in Indonesia as the World’s Third Largest Democracy

2020 ◽  
Vol 9 (4) ◽  
pp. 39
Author(s):  
Fifiana Wisnaeni ◽  
Ratna Herawati
Keyword(s):  
Political Development ◽  
Political System ◽  
Secondary Data ◽  
Data Types ◽  
Literature Study ◽  
The People ◽  
Democratic System ◽  
Analytical Research ◽  
Constitutional System ◽  
The Ideal

The Indonesian Constitution explicitly states that Indonesia is a country that manages the democratic political system. In the practice of managing the State, democracy that takes place in Indonesia always changes following the development of the Indonesian constitutional system. The aim of this research is to investigate the political development of democratic law in the world's third largest democracy and the ideal democratic system for Indonesia at this time. The research method used is normative juridical, with descriptive analytical research specifications and secondary data types. The data collection method was carried out through a literature study and research results were analyzed by qualitative methods. The results showed that the ideal democracy for the Indonesian state was Pancasila democracy as stated in the Preamble to the Constitution, which stated that democracy was led by wisdom in the deliberative representation and stated that sovereignty was in the hands of the people and implemented according to the Constitution.

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 Implementation of fiqh based on the maslahah in murabahah financing in sharia banking

2019 ◽  
Vol 18 (1) ◽  
pp. 119
Author(s):  
Abdul Atsar ◽  
Azid Izuddin
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Islamic Banking ◽  
Inventory Data ◽  
Public Interests ◽  
The People ◽  
Inductive Methods ◽  
Analytical Research ◽  
The Concept Of Law

The law of Muamalat gives the freedom to bind themselves to contracts and conduct transactions for mutual benefits and benefits. Islamic banking prepares various types of contracts in accordance with sharia provisions, one of the murabahah contracts. The formulation of the problem in this study is how is the application of fiqh maslahah in Islamic banking murabahah financing contracts? The method used in this study is a normative juridical method, which refers to the concept of law as a rule. In this research the author of the legal approach, analytical approach. The specification of this study is descriptive analytical research. The type of data used in this study are secondary data and primary data. Data collection begins with activities to identify and inventory data sources. Drawing conclusions is done using inductive methods. Murabahah is a sale and purchase agreement between a bank and a customer where the bank buys the goods needed and resells the customer with a basic cost plus profits agreed by both parties, there is no coercion from the parties in making murabahah agreements. In making and implementing murabahah financing contracts must pay attention to public interests not just the interests of the parties. According to Islamic law in making contracts based on sharia principles, must prioritize the benefit and refuse harm to achieve the goal of shara, namely to increase the benefit of the people by guaranteeing basic needs (dharuriyah) and fulfilling secondary needs, needs (hajjiiyah) and their complementary needs.

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