scholarly journals Legal Review of the Phenomenon of Communities Occupying Land That AlreadyHave Certificate of Property Rights (Case Study of South Ternate City District)

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Ishak Raja ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Dispute Resolution ◽  
Social Life ◽  
City Government ◽  
Legal Rights ◽  
Legal Certainty ◽  
Final Solution ◽  
City District

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.

Unfulfilled Justice

2021 ◽  
Vol 16 (2) ◽  
pp. 30-59
Author(s):  
Tu Phuong Nguyen
Keyword(s):  
Moral Responsibility ◽  
Dispute Resolution ◽  
Social Insurance ◽  
Legal Rights ◽  
Labor Dispute ◽  
Insurance Benefits ◽  
Legal Challenges ◽  
The Law

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.

scholarly journals PELANGGARAN HAK ASASI MANUSIA DALAM KEBIJAKAN DAERAH DI BIDANG TATA RUANG DI KABUPATEN KUNINGAN

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Haris Budiman
Keyword(s):  
Economic Growth ◽  
Environmental Management ◽  
Law Enforcement ◽  
Forest Fires ◽  
Environmental Law ◽  
Legal Certainty ◽  
Economic Stability ◽  
Related Substance ◽  
Political Risks

Guarantee legal certainty and economic stability is very important to keep the movement of the economy of a country. The formulation of the problem formulated a point of issue is how the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. The purpose of this study was to determine the environmental law enforcement in Indonesia on a case study of forest fires in Indonesia and How to influence environmental law enforcement to economic growth in Indonesia. This research could be useful in a practical and theoretical. The method used by the researchers are using a normative juridical approach. The results of the study Enforcement of Environmental Law in relation to the Criminal Law which is related substance of Law in Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management includes about a ban on land clearing by burning and action against the perpetrators for enforce the law and environmental law enforcement to economic growth in Indonesia affected by three (3) aspects, namely Products of law, justice system and political risks are always changing. Conclusions of law enforcement carried out by the legislation in force and the factors that influence economic growth is necessary to be noticed is the commitment of the highest officials responsible to the reciprocation of a country. Recommendation law enforcement must be carried out according the legislation without seeing the background of the company or individual that legal certainty to invest guaranteed and the reformulation of Article 69 paragraph (1) letter H Law No. 32 of 2009 on the Protection and Environmental Management.

scholarly journals AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012)

2016 ◽  
Vol 1 (2) ◽  
pp. 228
Author(s):  
Safrin Salam
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Ad Hoc ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
Opportunity Loss ◽  
Legal Grounds

The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)

scholarly journals Analysis of the Corruption Charge of the Rice Management at Gudang Bulog Baru Randugarut, Semarang Regional Subdivisions by 2016-2017 (Case Study of Convict Nurul Huda)

2020 ◽  
Vol 1 (2) ◽  
pp. 279-296
Author(s):  
Irawan Irawan ◽  
Joko Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

Law enforcement is to realize a sense of justice, legal certainty and usefulness in society. For justice seekers, police and prosecutors 'investigations, as well as quality public prosecutors and judges' decisions can bring about justice or reflect a sense of justice that can be carried out and can be accepted or satisfied by justice seekers. So through this case study, the writer will invite to see whether there is still a sense of justice, as experienced by convicted corruption cases of Rice Management in the New Bulog Warehouse Randugarut Subdivre Semarang in 2016-2017 named Nurul Huda Bin Sholeh. Even though it was clearly stipulated according to Article 55, Nurul Huda could be classified as included in the offense. But the prosecutor actually demanded Nurul Huda as the sole offender. Whereas Nurul Huda should have the right to obtain the protection of his rights, his equality in the eyes of the law and proportionality in his interests, so that if the burden of accountability for losses in the corruption of GBB Ranndugarut is only charged to him, it will certainly damage the value of justice received.

scholarly journals The Implementation of Imprisonment Sanction Followed by Rehabilitation Sanction for Narcotics Abusers (A Case Study of Verdict Number 47/Pid.Sus/2017/PN.Slk)

2019 ◽  
Vol 6 (2) ◽  
pp. 224
Author(s):  
Yessy Yulianti ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Empirical Approach ◽  
Primary Data ◽  
Criminal Sanction ◽  
Legal Certainty ◽  
Research Problems ◽  
The Law

In the present study, the research problems proposed are: 1) What is the basic consideration of the judges in imposing the criminal and rehabilitation sanction on the perpetrators of narcotics abuse? 2) How is the proof of a case whose verdict is a criminal sanction? and 3) How is the implementation of imprisonment and rehabilitation sanction verdicts? In answering the research problems, juridical empirical approach is chosen to obtain primary data directly from informants and secondary data from primary of law materials including secondary and tertiary law materials. As a result, it can be concluded that there is a chance for a judge to impose imprisonment sanction and sanction for actions in a form of rehabilitation to perpetrators of narcotics abuse, but, in fact, it is challenging because of some reasons; one of which is the existence of various perceptions of law enforcement officers on the implementation of the laws, specifically on the Law number 35 of 2009 concerning Narcotics. Moreover, there is no strict provision regulating the procedures of the implementation of the law. As a result, it encounters many challenges in its implementation for the related institution. However, it should be concerned for the regulation makers for the realization of law enforcement reflecting justice, legal certainty, and benefits in the society.           

scholarly journals Law Enforcement in Impositioning Imprisonment towards Gambling Crime Offender (Case Study of Decision Number: 24/PID.B/ 2012/PN.PP)

2019 ◽  
Vol 6 (2) ◽  
pp. 514
Author(s):  
Jefri Hazra ◽  
Ismansyah Ismansyah ◽  
Fadillah Sabri
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Criminal Code ◽  
Legal Certainty ◽  
Analysis Method ◽  
Know How ◽  
Material Analysis ◽  
The Law ◽  
The Way

The implementation of Article 303 subsection (1) of Criminal Code empirically has been conducted in the decision Number 24/PID.B/2012/PN.PP. The defendant named Giman called as Dolok, aged 60 years old, an enterpreneur, adressed in Pemuda Street Number 33 RT 01 Subdistrict of Koto Panjang, Padang Panjang City. There are some differences between criminal regulations in Article 303 subsection (1) of Criminal Code which is the imprisonment for 10 years with verdict of imprisonment for 3 months and 15 days.  The objective of this research is to know how the law enforcement in impositioning imprisonment towards gambling crime offender in the Decision Number: 24/PID.B/ 2012/PN.PP? by using normative judicial approach. The present research is descriptive. The legal material analysis is done by using qualitative analysis method. The conclusion of this research: 1) The law enforcement in the Decision Number: 24/PID.B/ 2012/PN.PP has been achieved by implementing the regulation of Article 303 subsection (1) of Criminal Code. The article regulation is implemented in the gambling crime offender. The law enforcement towards the gambling crime offender is done by judge with Verdict Number: 24/PID.B/ 2012/PN.PP, the judge has imprisoned the doer by the way which has been set in the constitution. The law enforcement with law enforcement phases is the effort to guarantee that decision Number: 24/PID.B/ 2012/PN.PP has legal certainty.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

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