scholarly journals Legal Protection for Traffic Police in Handling The Covid-19 Pandemic

Author(s):  
Imam Maladi ◽  

This article aims to analyze the legal aspects of the traffic police's police in handling the covid-19 pandemic related to the legal basis of the traffic police's actions and analyze the legal protection of the traffic police who act as the Covid-19 chain breaker. Through normative legal research related to the legal aspects of traffic police actions as a Covid-19 chain breaker. In this study, the author uses a type of research, namely normative legal research. Normative research is research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials from each normative law. The findings from this study include: The juridical basis for the traffic police to break the Covid-19 chain is Article 13 of Law Number 2 of 2002 concerning the Police, Law Number 22 of 2009 on Road Traffic and Transportation, Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions (PSBB), Decree of the Indonesian National Police Number MAK/2/III/2020 concerning Compliance with Government Policies in Handling the Corona Virus, and Police Telegram Letters. The Traffic Police during Covid-19 acted according to the law in accordance with Article 19 of Law No. 2 of 2002 concerning the Police and Article 10 of Indonesian Republic Police No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in Discharging the Duties of the Indonesian National Police.

Author(s):  
Imam Maladi ◽  

The role of Police of the Republic of Indonesia in enforcing discipline among the community is very significant, especially the role of Traffic Police (SATLANTAS) in providing education to people who drive, use public transportation to access the public facilities and so on. However, people who want to be protected cannot accept the funeral of Covid-19 in their local cemeteries, by resisting police officers. So in this case, POLRI (the Police of the Republic of Indonesia) and especially the traffic polices play a significant role in facing the community. There is a need for legal protection for the efforts that the police will take in both preventive and repressive efforts. The purpose of this study is to analyze the Legal Aspects of traffic police action as a Covid-19 transmission chain breaker. The method used in this research is a normative juridical research method, which is research that focuses on examining the application of rules or norms in positive law. The purpose of this study is to analyze the legal aspects of traffic police action as a covid-19 chain breaker. This research is expected to provide information to the reader about the legal aspects of traffic police action as a Covid-19 chain breaker and a form of legal protection for traffic police who have a duty to break the covid-19 chain breaker. As for the results of this research, every action taken by the police, especially the traffic police during a pandemic to the public has a legal basis, namely Law Number 2 of 2002 on Police of the republic of Indonesia , Article 3 of Law Number 22 of 2009 traffic and road transport other the police also have a right to be protected like a civil society because they have the rights as stated in Article 28 of the 1945 Constitution and Article 10 of article number 8 of 2009 on the implementation of human rights principles and standards in the performance of the duties of the state police of the republic of Indonesia. So that for policyholders to be able to provide more strict regulations, and informative for the public and police officers can realize a common goal. It is hoped that no more similar cases will occur so that the public can better understand the rules in force in the Prevention of Covid-19 Transmission in Indonesia and the public can act more wisely in dealing with it.


Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Wayan Tirtawati ◽  
I Dewa Gde Atmadja ◽  
Gde Marhendra Wijaatmadja

Pawnshop Company is a State Owned Enterprises (SOEs), which is engaged in the business of providing credit services and applicable statutory lien for anyone with a moving objects collateral requirement. In order to develop the business, so Government Regulation No. 103 of 2000 was issued, stated of the granting of the loan based on the collateral of fiduciary money. As an institution that provides credit to guarantee the fiduciary shall comply with the provisions set out in Law No. 42 of 1999, especially Article 11, paragraph (1) which states that the objects are burdened with fiduciary collateral required to be registered, but in reality there is no Pawnshop Company comply with Article 11 paragraph (1) of Law No. 42 of 1999 on Fiduciary. Based on the gap das sein and das sollen, then can be formulated the problem of how fiduciary guarantee enrollment application pursuant to Article 11 paragraph (1) of Law No. 42 of 1999 on Company Pawnshop and how execution of fiduciary insurance company that is not registered by the Company Pawnshop when borrowers are in default. Empirical legal research is used in this thesis, because it’s getting out of the gap between das Sein and das sollen. The approach used in this thesis is the legislation approach, case-based approach, and the analytical approach. The nature of the research in this study was a descriptive study, sites in the Pawnshop Company branch Denpasar and Tabanan. The data used in this thesis is the primary data / field data and secondary data / literature. Data collecting techniques used in this thesis is planned interview techniques and reading literature. Sampling techniques used in this thesis is purposive sampling and the data obtained are presented in descriptive qualitative. The results of this problem study is application of fiduciary guarantee enrollment on the Pawnshops Company, that disobedience to law number 42 of 1999 Article 11 paragraph (1) was happened, while the execution of fiduciary insurance company that is not registered by Pawnshop Company if debtor in default is done by a family way.


Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.


2017 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Rimbawanto ◽  
Doddy Kridasaksana ◽  
Ariyono

<p>Tujuan yang hendak dicapai dari penelitian ini dapat mengetahui perlindungan hukum terhadap perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste dan kendala dan upaya mengatasi masalah perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste.</p><p>Penelitian ini menggunakan yuridis normatif yaitu penelitian hukum yang dilakukan dengan cara meneliti atau mempelajari masalah dilihat dari segi aturan hukumnya, meneliti bahan pustaka atau data sekunder</p><p>Hasil penelitian ini menunjukkan secara umum berdasarkan hasil inventarisir peraturan perundang-undangan, pengakuan masyarakat adat di Indonesia tidak dalam posisi untuk mengakui keberadaan masyarakat adat, melainkan untuk membatasi keberadaan masyarakat adat.</p><pre>The objectives to be achieved from this research can be legal protection of the territorial border between the Republic of Indonesia and Timor Leste and the constraints and efforts to overcome the border issues between the Republic of Indonesia and Timor Leste.</pre><pre>               This study uses yuridis normative, namely legal research conducted by researching or studying the problem seen in terms of the rule of law, researching library materials or secondary data</pre><pre>               The results of this study show Generally based on the results of inventory of legislation, the recognition of indigenous peoples in Indonesia is not in a position to recognize the existence of indigenous peoples, but rather to limit the existence of indigenous peoples. </pre><pre> </pre>


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 485
Author(s):  
Muhammad Hilmi Akhsin ◽  
Anis Mashdurohatun

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects


2020 ◽  
Vol 8 ◽  
pp. 200-204
Author(s):  
Imanullah Moch Najib

The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.


2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.


Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 54-74
Author(s):  
Yulia Yulia Widiastuti

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT


2019 ◽  
Vol 7 (1) ◽  
pp. 74
Author(s):  
Edwin Prasetyo , ◽  
Djuwityastuti ,

<p>Abstract<br />This  article  aims  to  explain  how  the  legal  protection  of  property  buyers  on  bankrupted  developer <br />companies based on Law No. 37 of 2004 on Bankruptcy and Credits Obligations Postponement. This <br />research is a prescriptive normative legal research that uses the approach of legislation. Types of data <br />used include: secondary data consisting of primary legal materials, secondary legal materials, and tertiary <br />legal materials. Data collection techniques conducted are literature research techniques or document <br />studies. The property selling mechanism as well as today’s flats, is familiar with the concept of selling <br />property that can be marketed before the property is completed. At that stage of development, people <br />can order or buy certain desired property and will wait within a certain time to be submitted to the property <br />purchased. The buying and selling mechanism is set forth in the Sale and Purchase Agreement (PPJB). <br />Often the property buyers of PPJB holders are harmed by the actions of the developer companies as <br />well as unable to finish the construction and end up in bankruptcy proceedings. This bankruptcy status <br />given by will enforce the uncertainty on debts payments for the property buyers.<br />Key Words: Bankruptcy; Law Protection; Real Estate Buyer.</p><p>Abstrak<br />Artikel  ini  bertujuan  untuk  menjelaskan  bagaimana  perlindungan  hukum  terhadap  pembeli  properti <br />atas kepailitan perusahaan pengembang berdasarkan Undang-Undang Nomor 37 Tahun 2004 tentang <br />Kepailitan dan Penundaan Kewajiban Pembayaran Utang. Penelitian ini merupakan penelitian hukum <br />normatif  bersifat  preskriptif  yang  menggunakan  pendekatan  perundang-undangan.  Jenis  data  yang <br />digunakan antara lain: data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder, <br />dan bahan hukum tersier.Teknik pengumpulan data yang dilakukan adalah teknik penelitian kepustakaan <br />atau studi dokumen. Mekanisme penjualan properti seperti halnya rumah susun, dewasa ini, mengenal <br />konsep penjualan properti yang dapat dipasarkan sebelum properti tersebut selesai dibangun. Pada tahap <br />pembangunan tersebut, masyarakat dapat memesan ataupun membeli produk properti yang diinginkan <br />dan akan menunggu dalam kurun waktu tertentu untuk dilakukan penyerahan terhadap properti yang <br />dibeli. Mekanisme jual-beli tersebut dituangkan dalam Perjanjian Pengikatan Jual Beli (PPJB). Seringkali <br />pembeli properti pemegang PPJB dirugikan oleh perbuatan perusahaan pengembang seperti halnya tidak <br />dapat selesainya pembangunan dan berakhir pada proses kepailitan. Adanya pernyataan pailit terhadap <br />perusahaan  pengembang  memberikan kepastian hukum terhadap pembeli properti atas piutangnya <br />kepada perusahaan pengembang.<br />Kata Kunci: Kepailitan; Perlindungan Hukum; Pembeli Properti.</p>


Author(s):  
I Dewa Ayu Dwi Mayasari

Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles


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