scholarly journals KEWENANGAN PT. PELINDO IV TARAKAN TERHADAP HAK ATAS TANAH DAERAH LINGKUNGAN KERJA PELABUHAN

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Endy Kurniawan
Keyword(s):  
Legal Theory ◽  
Coastal Region ◽  
Legal Issues ◽  
Conceptual Approach ◽  
Land Registration ◽  
Home Affair ◽  
Legal Method ◽  
The People ◽  
Materials Used ◽  
Port Areas

Abstract The title of the research is to " LAW REVIEW THE LAND ENVIRONMENT WORKING OF PORT AREAS (DLKr) PT. PELINDO IV OF TARAKAN. The purpose of this research is to analyze the authority of PT PELINDO IV Tarakan as holders of land rights in the form of Rights Management (HPL) the land environment working of port areas. In addition, the study also to analyze the land of rights can be given to the people on ) the land environment working of port areas or coastal region. This Research to use normative legal method to study with the type of normative juridical. As for the approach used in this study is the statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal material. Legal materials collection techniques used this study to collect and analyze the Regulation in relating to the legal issues raised, as well as collecting the conceptual framework and legal theory to be the basis of analyzing the legal issues studied. PT. PELINDO IV of Tarakan has the authority to the land environment working of port areas with Right to used (HPL) contained in the Joint Decree of the Minister of Home Affair and Minister of Transportation Number 31 of 1992 K.M Number 9 of 1992 concerning frontier Work Environment Ports. In the fourth dictum of the Joint Decree of the Minister of Home Affair and Minister of Transportation, PT. PELINDO IV of Tarakan required to complete the land registration process in the Land Office in accordance with applicable regulations. Until now PT. Pelindo IV Tarakan not enroll all of the land which they are entitled and limitations affect the authority of PT. Pelindo IV Tarakan on the overall the land environment working of port areas. Keynote : Land Law, HPL, Law Review

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

scholarly journals Use of Electronic Media for the Promotion of Notaries According to the Notary Code of Ethics

2021 ◽  
Vol 4 (1) ◽  
pp. 1587-1596
Author(s):  
Puteri Chintami Oktavianti
Keyword(s):  
Code Of Ethics ◽  
Electronic Media ◽  
Legal Issues ◽  
Actual Situation ◽  
Case Review ◽  
Conceptual Approach ◽  
Personal Benefit ◽  
Existing Problems ◽  
The People ◽  
The World

The purpose of this study is to determine the problems that arise in the use of electronic media for the promotion of notaries according to the notary code of ethics. The research method used is that this type of research is juridical normative, which refers to the norms of written law, either as outlined in the form of regulations or in the form of literature. The approach used is a conceptual approach and a statutory approach. The analysis is descriptive qualitative, which collects and selects legal material according to the problem under study, then describes it so that it produces a picture or conclusion that matches the actual situation so that it is able to answer all existing problems. The results show that the existence of a promotion prohibition for notaries is based on the fact that a notary as a position that provides services to the community requires the trust of the people it serves, and the notary's existence is not for the personal benefit of the person appointed, so that the notary must uphold the nobility of his dignity. In promotions that are informative and reminders, it is permissible to, among others, provide information and knowledge about legal issues; case review of legal problems in the world of notary; examples of notary deeds.

scholarly journals Meninjau Ulang Ketentuan Presidential Threshold dalam Pemilihan Presiden dan Wakil Presiden di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 49
Author(s):  
Aprilian Sumodiningrat
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Vice President ◽  
Legal Issues ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Minimum Threshold ◽  
Legal Policy ◽  
Materials Used ◽  
Institutional Actors

The presidential threshold is a requirement for the nomination of the President and Vice President to meet the minimum threshold percentage for support from the DPR or the number of valid national votes. Presidential threshold provisions are contained in various laws and regulations regarding Elections. This research is juridical study using a conceptual approach and statute approach. The legal materials used in this research are primary and secondary legal materials. The two legal materials are inventoried; then used as a basis for compiling a prescriptive study of the legal issues raised. The results of this study state that the presidential threshold has started since 2004. Regulations regarding post-reform elections always include a presidential threshold. Then, the presidential threshold has been 'tested' several times by the Constitutional Court. Various decisions of the Constitutional Court stated that the presidential threshold is one of the provisions which is the domain of open legal policy for legislators or the making of laws. Furthermore, the implication of the presidential threshold is aimed at simplifying the fragmentation of political parties in parliament. The nominations for the President and Vice President promoted by the parliamentary political party actually allow for more than two candidates; and it is also possible to have an Election that does not get the support of more than 50 persen of the voters' vote. Thus, effectiveness is needed regarding the implementation of the presidential threshold provisions in the presidential system by strengthening relations between presidential institutional actors and the President's non-institutional personnel. KEYWORDS: Presidential Threshold, General Election, Open Legal Policy.

scholarly journals Ulayat Land as a Wakf Object According to Law No 41 Year 2004 Case Study Todairi District Berampu

2021 ◽  
Vol 3 (3) ◽  
pp. 422-428
Author(s):  
Muhammad Aidil Hanafi ◽  
Md. Yadi Harahap ◽  
Ramadhan Shahmedi Siregar
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Field Research ◽  
Common Interest ◽  
Theory Approach ◽  
Analysis Model ◽  
Land Registration ◽  
The Public ◽  
The People ◽  
Customary Land

Waqf is one of the Islamic philanthropy that carries the common interest. In the order of life, the Muslim community in the district of Berampu, Dairi district, is a Muslim minority. But even so, the spirit and practice of carrying out their religion is very strong. In this regard, including the concern is the spirit of the community to develop and increase the benefits of ulayat land, ulayat land is also waqf.This research aims to Knowing the position of ulayat land as an object of waqf by the people of Berampu sub-district, Dairi district in terms of Law No. 41 of 2004. To answer these problems, a field research was conducted with a qualitative research analysis model which was analyzed through a positive legal theory approach and Islamic law. Based on the results of the study it is known that the implementation of customary land waqf carried out by the people of the Berampu sub-district, as the researchers described earlier is not in accordance with Law No. 41 of 2004 concerning waqf. This is because 1)Customary land is not an object of waqf. This can be seen in PP No. 24 of 1997 in lieu of PP No. 10 of 1961 which states that customary land is not the object of land registration, while in PP no. 24 of 1997, waqf land is the object of land registration. So from this it can be seen that ulayat land is not actually an object of waqf. Because the object of waqf is land that has been registered in accordance with applicable regulations. 2) The practice of waqf carried out by the community of Berampu sub-district, Dairi Regency, is still mostly done verbally and not before PPAIW and is only based on mutual trust without any irar waqf deed as authentic evidence that the land has been waqfed for use in the public interest. As for the factors that cause the practice of waqf of ulayat land in Berampu sub-district, Dairi district are 1) Lack of public knowledge about waqf regulations in Indonesia. 2) The community still holds strongly to customs and habits that have been passed down from generation to generation. 3) The desire of the community to do charity through waqf institutions but not accompanied by knowledge.  

scholarly journals Perlindungan Hukum Pekerja yang Terkena Pemutusan Hubungan Kerja di Masa Pandemi Covid-19

2021 ◽  
Vol 21 (3) ◽  
pp. 1112
Author(s):  
Nazifah Nazifah ◽  
Syarifa Mahila
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
Job Creation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Legal Method ◽  
Force Majeure ◽  
Unilateral Termination ◽  
The World ◽  
Materials Used

The Covid-19 pandemic that has hit all countries in the world,including Indonesia, has had a negative impact on Indonesia’s economic growth. The negative impact of this pandemic is that many companies cannot operate properly so that many company suffer losses and not a few are forced to close their companies which  in the end has an impacts on umilateral termination of employment in many companies. The purpose of this study is to analyze the legal protection for workers who experience termination of employment unilaterally during this pandemic, in terms of the perspective of the Manpower Act. The research method used in this research is normative legal method by prioritizing a statutory approach, conceptual approach, and the legal materials used are all laws and regulations related to this research, especially the Manpower Act.Terminations of employment by many companies has a negative impact on workers. Moreover, Article 151Paragraph 1 of Law Number 13 Year 2013 concerning Manpower has emphasized that employers, workers. The Goverment must make every effort to prevent termination of employment, but in Law Number 11 Year 2020 about Job Creation Article 154 Paragraph (1) letter d states that the termination of employment can be carried out in a condition where the company is closed due to force majeure, and this covid-19 pandemic used as a reason for the company’s force majeure to unilaterally lay off workers.  The results of the research are expected to provide legal protection for workers affected by the covid-19 pandemic in the form of unilateral termination of employment.

scholarly journals THE IMPLEMENTATION OF UNLOADING AGREEMENTS IN THE PORT FROM TRANSPORTATION LAW PERSPECTIVES

Yuridika ◽  
2019 ◽  
Vol 34 (1) ◽  
pp. 173
Author(s):  
Zahry Vandawati Chumaida
Keyword(s):  
Service Providers ◽  
Legal Issues ◽  
Entry And Exit ◽  
Conceptual Approach ◽  
Water Supplies ◽  
Legal Entity ◽  
Legal Method ◽  
Sea Transportation ◽  
Loading And Unloading ◽  
Production Areas

Sea transportation is a commercial shipping business that is regulated in the provision of sea freight services where its business activities are very broad in its field and plays an important role in advancing trade both domestically or abroad including in its efforts to expedite the flow of goods from production areas to consumer areas. In the Port, there are tools to facilitate and facilitate the demolition and loading of goods from or to ships, or equipment to take fuel, water supplies and so on. In ports, of course, there are loading and unloading companies that are always connected with Indonesian ports (Pelindo). This is certainly related to the entry and exit of ships. The loading and unloading company is an Indonesian legal entity established to carry out and carry out business activities for loading and unloading goods from and to ships. In loading and unloading services, there are loading and unloading service providers, namely companies that carry out loading and unloading activities (stevedoring, receiving and receiving/delivery using loading and unloading labor) and loading and unloading equipment. obstacles or obstacles that might occur, these obstacles must be studied more deeply so that the impacts or losses that might be suffered by the parties in the vessel loading and unloading agreement can be minimized. The legal method used in answering the legal issues raised is through statute approach, conceptual approach, and case approach

scholarly journals Karakteristik Perjanjian Jual Beli Tanah yang Belum Terdaftar Hak atas Tanah

2021 ◽  
Vol 2 (3) ◽  
pp. 439-443
Author(s):  
I Gusti Bagus Andika Bagaskara ◽  
I Ketut Kasta Arya Wijaya
Keyword(s):  
Government Regulation ◽  
Descriptive Analysis ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Secondary Sources ◽  
Legal Method ◽  
Legal Risks ◽  
The Government ◽  
Materials Used

Government Regulation No. 24/1997 concerning Land Registration, the Government requires all holders of land rights to register their lands with the competent authorities, but in the community there are still unregistered lands, this phenomenon is to ensure legal certainty for holders of land, land that has not been registered must be registered from the aspect of legal risk. The purpose of this study is to reveal the characteristics of the land sale and purchase agreement whose land rights have not been registered and the legal certainty of the sale and purchase agreement whose land has not been registered. This research method uses a normative legal method with a statutory approach. The technique of collecting legal materials is done by classifying legal materials. The sources of legal materials used are primary and secondary sources of legal materials. After the data was collected, the data were analyzed using descriptive analysis. The results of the study reveal that in terms of legal risks, it is more prone to occur compared to registered land, then from a procedural aspect it will be different from registered lands where unregistered land requires accuracy so as not to cause legal problems.

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

THE POWER OF LANGUAGE AND THE LANGUAGE OF POWER

2020 ◽  
pp. 96-105
Author(s):  
Lyudmila A. Khalilova ◽  
Keyword(s):  
Foreign Language ◽  
Language Instruction ◽  
Educational Process ◽  
Foreign Language Instruction ◽  
Conceptual Approach ◽  
Analytical Skills ◽  
The People ◽  
Innovative Environment ◽  
A Chain ◽  
And Behavior

A language cannot be a simple template of human activity; a language is the history and culture of the people, their long and thorny road to civilization. The informative nature of a discourse will be insignificant if we only take into consideration the visible data of the text. The single viable way to carry out research on the mentality and behavior of the representatives of different cultures is to dig into the implication and the conceptual framework of the discourse. The author’s idea might be interpreted according to the background knowledge of the reader. Such an approach turns the text into a conglomerate of sense messages that reveal the power of the language and its inextricable link to the history, culture and civilization of the nation whose language the students learn. This notional “intervention” is akin to a chain reaction and the language develops into a means of power over a human being. The conceptual approach to a foreign language material helps improve students’ cognitive and analytical skills, turns the educational process into a particular type of an innovative environment, leads to motivation increase in a foreign language instruction.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

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