scholarly journals Use of Nominee in Ownership of Rights to Land in Indonesia by Foreign Citizens: Case of Mataram State Court Decision Number 67/Pdt.G/2008/Pn.Mtr. 30 July 2009

2021 ◽  
Vol 3 (2) ◽  
pp. 27-36
Author(s):  
Habib Adjie
Keyword(s):  
Land Rights ◽  
Court Decision ◽  
State Court ◽  
The Real ◽  
Article 9 ◽  
The Law ◽  
Agrarian Law ◽  
The Republic ◽  
As If ◽  
Laws And Regulations

Article 9 paragraph (1), Article 21 paragraph (2), and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Law have confirmed that only Indonesian Citizens and Indonesian Law, which was established based on Indonesian laws and regulations may have land rights in Indonesia, while for foreign citizens based on Article 42 letter b of the BAL, it states that foreigners who are domiciled in Indonesia may only have a Right of Use. The practice of this provision is often circumvented by making a Nominee Agreement. The foreigner borrows the name of the Indonesian Citizen. The land is legally written with the name of the Indonesian Citizen, but in fact, it is controlled by a foreigner who acts as if the real owner. It is proven in the analysis of the Court's Decision Mataram State Number 67/Pdt.G/2008 /Pn. Mtr. 30 July 2009.

scholarly journals Antinomi Regulations on the Recognition and Enforcement of Ulayat Right from Indigenous Peoples

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Rianda Dirkareshza ◽  
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Indigenous Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Agrarian Law ◽  
The Right ◽  
As If ◽  
Laws And Regulations

Ulayat Right is a historical right owned by tribal groups scattered throughout Indonesia that contains the value of local wisdom in the arrangement of control, use, utilization, supply, and maintenance of agrarian resources. The substance of Ulayat Right and the organization of the power of indigenous peoples as the executor of the authority of Ulayat Right became a model in the development of agrarian law Nasional as stated in the Basic Agrarian Law (UUPA). The state has an obligation to recognize in the sense of respect while protecting and fulfilling what is the right of every citizen. One of them is the right of control and ownership of Ulayat Right that until now has not been implemented optimally, as if the mastery and ownership of Ulayat Right by indigenous peoples is not fully accessible from the LAW and other laws and regulations. Based on the background of the above problems, the purpose of this paper is to review the Antinomics of The Ulayat Right Regulation of Indigenous Peoples with public-private and private-dimensional ulayat land and explore and analyze the urgency of protection of Indigenous Peoples' Rights in Indonesia. This paper is normative research, the approach used is a statutory approach (statute approach), presented descriptively-perspective and analyzed qualitatively. The conclusion in this paper Is the Authority of the Indigenous Law Community, while the private dimension appears in the manifestation of Ulayat Right as belonging together. So that the scope includes recognition and confirmation, granting of land rights on Ulayat Right, transfer and eradication of indemnity rights and the removal of private Ulayat Right. Therefore, it is necessary to establish a draft law governing the Rights of Indigenous Peoples.

scholarly journals WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA

1970 ◽  
Vol 21 (2) ◽  
pp. 231-248
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Responsibility ◽  
Land Registration ◽  
The Real ◽  
Positive Elements ◽  
Agrarian Law ◽  
Implementation Level

In the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated. Keywords: Negative Publications, Positive Elements, and Agrarian Law.

scholarly journals CONVERSION OF VILLAGE DRUWE RIGHTS BECAME PROPRIETARY RIGHTS ACCORDING TO ARTICLE II PROVISIONS ON THE CONVERSION OF AGRARIAN LAWS (UUPA)

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Nonik Latifah
Keyword(s):  
Property Rights ◽  
Spatial Planning ◽  
Land Rights ◽  
Article 9 ◽  
The Subject ◽  
Joint Ownership ◽  
The Law ◽  
Agrarian Law ◽  
Ownership Rights ◽  
The Village

ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.

scholarly journals THE AUTHORITIES OF REGIONAL REPRESENTATIVE COUNCIL AFTER CONSTITUTIONAL COURT DECISION: IS IT STRONG ENOUGH?

2020 ◽  
Vol 5 (1) ◽  
pp. 95-104
Author(s):  
Fahrul Reza
Keyword(s):  
Court Decision ◽  
Constitutional Court ◽  
The Law ◽  
The Republic ◽  
Law Making ◽  
As If

The mandate for law-making in Indonesia before the amendment was highly dominated by the President as if the function of the house of representative of the Republic of Indonesia (hereinafter DPR) was limited to assisting the President in the process of establishing laws. After the amendment, the authority of the legislators changed from the previous format. The President and DPR have the same authority in terms of the law-making, and even the function of the law-making is also given to the Regional Representative Council (hereinafter DPD) as a regional representative in Indonesia. The problem is that in several law-making processes, often the President and the DPR do not include those mandated by the constitution. This article will discuss the following two issues. First, who is the legislator in Indonesia according to the 1945 Constitution after the decision of the Constitutional Court? Second, how is the position of the DPD in the implementation of the legislative function after the Constitutional Court's decision? The results of this study explained that the legislator in Indonesia based on the 1945 Constitution, after the decision of the Constitutional Court, has been answered by the amendment of 1945 Constitution.  The presence of the DPD must be equal to the DPR in terms of the legislative program in Indonesia. Furthermore, the position of the DPD in the implementation of the legislation function after the Constitutional Court's ruling has also been addressed by the Constitutional Court's ruling that the presence of the DPD is a balancer of legislation in Indonesia. The President and the DPR should not be the pendulum of legislative formations, but the DPD must get the attention, and the Ministry must equalize the position of DPD and the DPR in work partner meetings. Abstraks: Amanah pembentukan undang-undang di Indonesia sebelum amandemen sangat didominasi oleh Presiden, seakan-akan fungsi DPR hanya sebatas pendampingan Presiden dalam proses pembentukan undnag-undang. Pasca amandemen, kewenangan pembentuk undang-undang berubah dari format sebelumnya. Presiden dan DPR mempunyai kewenangan yang sama dalam hal pembentukan undang-undang bahkan fungsi pembentukan undang-undang juga diberikan kepada DPD selaku keterwakilan daerah yang ada di Indonesia. Persoalnya ialah, beberapa poses pembentukan undang-undang kerapkali Presiden dan DPR tidak mengikutsertakan yang diamanahkan oleh konstitusi. Artikel ini akan membahas tentang dua permasalahan yang akan kaji sebagai berikut berikut: Pertama, siapa pembentuk undang-undang di Indonesisa menurut UUD 1945 pasca putusan Mahkamah Konstitusi? Kedua, bagaimanakah kedudukan DPD dalam pelaksanaan fungsi legislasi  pasca putusan Mahkamah Konstitusi? Hasil dari penelitian ini menjelaskan bahwa siapa pembentuk undang-undang di Indonesia menurut UUD 1945 pasca putusan Mahkamah Konstitusi jelas sudah terjawab oleh UUD Tahun 1945 pasca amandemen. Artinya keberadaan DPD harus equal dengan DPR dalam hal program legislasi di Indonesia. Selanjutnya kedudukan DPD dalam pelaksanaan fungsi legislasi  pasca putusan Mahkamah Konstitusi juga sudah terjawab oleh putusan Mahkamah Konstitusi bahwa kehadiran DPD menjadi pengimbang legislasi di Indonesia bahkan jangan lagi Presiden dan DPR sebagai pendulum pembentuk undang-undang namun institusi DPD harus mendapatkan perhatian bahkan Kementerian juga harus menstarakan kedudukan DPD dengan DPR dalam rapat-rapat mitra kerja. Kata Kunci: Pembentuk Undang-Undang, Dewan Perwakilan Daerah, dan Mahkamah Konstitusi

scholarly journals Koordinasi Kelembagaan dalam Penenggelaman Kapal Hasil Tindak Pidana Di Bidang Perikanan

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 128
Author(s):  
Sherly Adam
Keyword(s):  
Court Decision ◽  
Legal Regulations ◽  
Legal Research ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Laws And Regulations

His study aims to determine to examine, analyze coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. This research is a normative legal research (legal research). The research began with an inventory of legal regulations or laws and regulations relating to coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. According to the Law, there are two methods of sinking ships carried out by the Government of the Republic of Indonesia, namely sinking ships through a court decision and being caught red-handed. For this reason, there is coordination between institutions in the framework of sinking fishing vessels by the Minister of Maritime Affairs and Fisheries (government) of the Republic of Indonesia, but the coordination of these institutions has not yet been implemented or carried out properly. This is due to unclear regulations regarding operational standards or guidelines for the destruction or sinking of fishing vessels which regulate the implementation, mechanism, and procedure for the destruction of ships to be used as a basis for the Ministry of Maritime Affairs and Fisheries, Prosecutors' Office and the Courts in sinking fishing vessels conducting Illegal Fishing in Indonesian waters.

scholarly journals Flaws of Article 9, 10, and 26 of the Criminal Act in South Korea and Possible Solutions

2020 ◽  
Vol 11 ◽  
pp. 104-114
Author(s):  
Chaerin Kang
Keyword(s):  
South Korea ◽  
Research Paper ◽  
Republic Of Korea ◽  
Article 9 ◽  
The Law ◽  
The Republic

The purpose of this research paper is to underline a few of the problematic articles of the Criminal Act in Korea and suggest possible solutions. In the Republic of Korea, three criminal elements—Applicability of Constituent Requirements, Criminal Defences, and the Principle of Responsibility—must be proven to convict a defendant. When a perpetrator does not meet all three criminal elements, they are protected by particular articles of the Criminal Act such as Articles 9, 10, and 26. These articles guarantee citizens' right to decide their own actions accordingly and provide an opportunity for improvement by reducing the punishment. All three articles of the Criminal Act reflect positive intentions embedded in the law. However, the articles' flaws have begun to cause the perpetrators to exploit the law and disdain Korea's Criminal Act. Thus, this paper aims to consider the Criminal Act's malfunctions, especially within Article 9, 10, and 26, and suggest possible solutions to improve its shortages.    

Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

2019 ◽  
Vol 22 (3) ◽  
pp. 417-438
Author(s):  
Jaemin Lee
Keyword(s):  
Law Enforcement ◽  
The Real ◽  
The Core ◽  
Iuu Fishing ◽  
The Law ◽  
Illegal Activities ◽  
Fisheries Subsidies ◽  
Real Challenge ◽  
Laws And Regulations

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

III. On the conductivity of mercury and amalgams

1860 ◽  
Vol 10 ◽  
pp. 14-16
Keyword(s):  
The Other ◽  
Warm Water ◽  
The Real ◽  
The Law ◽  
Theory And Experiment ◽  
As If

The object of the researches described in this paper, was to carry out with reference to amalgams the investigations relative to alloys contained in a former paper. In comparing the results of theory and experiment in the manner followed in the former paper, the conducting power of mercury itself was a constant, which it was essential to know. The figure given in the former paper was mercury = 677, on the scale silver = 1000. On adopting in the first instance this value of the conducting power of mercury, the results obtained with alloys, which consisted mainly of mercury, appeared very anomalous; it seemed as if a very small per-centage of even the best conducting metals reduced immensely the conducting power of mercury. But it was suggested to the authors, that the apparently high conducting power of mercury obtained by their method, was probably due to the transference of heat by convection; that the real conducting power of mercury for heat was low, like its conducting power for electricity; that the other metal, contained in small quantity in the amalgam, acted by rendering the amalgam viscous, and thereby interfering with the transference of heat by convection, and that the low conducting power of mercury would show itself on merely inclining the vessel used in the experiment, so that the box containing the warm water should be higher than the other. Experiment confirmed this view. As the apparent conducting power of mercury was found continually to decrease with an increase in the inclination of the vessel, it was found necessary, in order to obtain correct results, to arrange so that the bar-shaped box containing the mercury or fluid amalgam was actually vertical in the experiment. In this way the authors obtained for mercury the figure 54, on the same scale as before. It is worthy of remark, that mercury comes out the worst conductor of all the metals tried, the figure for bismuth, which had previously been the lowest, being 61. This is in analogy with water, also a fluid, the conducting power of which is known to be excessively low. The conducting power of the more fluid amalgams determined by experiment with the box vertical, proved to be in all cases nearly the same as that of pure mercury, in conformity with the law mentioned by the authors in their former paper, that alloys in which there is an excess of the number of equivalents of the worse conducting metal, over the number of equivalents of the better conductor, do not sensibly differ in conducting power from the worse conductor alone. In the case of amalgams generally, the conducting power obtained by experiment was found to agree pretty closely with the number calculated from the per-centages and conducting powers of the component metals.

scholarly journals Analisis Hukum terhadap Anak yang Sudah Kawin sebagai Subyek yang Berhadapan dengan Hukum (Studi Kasus Putusan Pengadilan Negeri Sampit Nomor: 03/Pid.Sus Anak/2015/PN.Spt)

2020 ◽  
Vol 1 (3) ◽  
pp. 232-240
Author(s):  
Nanang Ibrahim Soleh ◽  
Heriamariaty ◽  
Thea Farina ◽  
Nor Asriadi
Keyword(s):  
Court Decision ◽  
District Court ◽  
Married Child ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Point Of Departure ◽  
Laws And Regulations

Children are gifts and entrusted from God who are given talents and dignity as a whole creature. During their lifetime, children sometimes face legal problems such as narcotics abuse. This becomes complicated while the child has been married and being a subject against the law. The determination the age limit for children is still a debate because sev-eral laws and regulations provide different figures. This is, indeed, a crucial matter because it will affect legal conse-quence to the children, especially for those who deal with narcotics crime. Based on this point of departure, the authors examine Sampit District Court Decision Number: 03/Pid.SusAnak/2015/PN.Spt regarding narcotics abuse by a married child.

scholarly journals Sikap Mahkamah Konstitusi Mengenai Keberlakuan Perjanjian Internasional dalam Hubungannya dengan Hukum Nasional

2018 ◽  
Vol 7 (3) ◽  
pp. 329
Author(s):  
Gede Marhaendra Wija Atmaja ◽  
Nyoman Mas Aryani ◽  
Anak Agung Sri Utari ◽  
Ni Made Ari Yuliartini Griadhi
Keyword(s):  
Subject Matter ◽  
Court Decision ◽  
Constitutional Court ◽  
International Agreement ◽  
Textual Studies ◽  
Legal Research ◽  
The Law ◽  
The Republic

The purpose of this study is to find out the position of the Constitutional Court which later? an understanding of the politic of International agreement law adopted by the Republic of Indonesia. This can be reviewed from the legal considerations that underlying the Constitutional Court Decision. It is a legal research that examines the laws and regulation related to Constitutional Court through several stages: elaborate textual studies, completing textual studies, analyzing legal materials and determine conclusions. The study shows that International and legalized agreement that has not been ratified are placed as part of national law and are used as a reference to enrich the reasoning horizon in interpreting the constitution. Law on the ratification of the International Agreement containing norms which are attachments and an inseparable part of the law, which in its existence as a law constitutes the authority of the Constitutional Court to examine its constitutionality. In this context, the constitutional Court embraced the politic law of monism with the primate of national law and the Constitutional Court embraced the politic law of dualism when examining the constitutionality of the law concerning the ratification of the International Agreement-in terms of subject matter. Tujuan dari kajian ini adalah untuk mengetahui sikap Mahkamah Konstitusi yang nantinya akan memberikan pemahaman tentang politik hukum Perjanjian Internasional yang dianut Negara Republik Indonesia. Hal ini dapat ditinjau dari pertimbangan hukum yang mendasari amar Putusan Mahkamah Konstitusi. Artikel ini merupakan suatu penelitian hukum yang mengkaji Peraturan Perundang-undangan dan Putusan Mahkamah Konstitusi yang ada dengan langkah-langkah melakukan studi tekstual, melengkapi studi tekstual serta melakukan analisis terhadap bahan hukum yang terkumpul dan menarik kesimpulan. Hasil penelitian menunjukan bahwa Perjanjian Internasional yang telah disahkan maupun yang belum disahkan ditempatkan sebagai bagian dari hukum nasional dan dijadikan rujukan guna memperkaya cakrawala penalaran dalam menafsirkan Undang-Undang dasar. Undang-Undang tentang pengesahan Perjanjian internasional memuat norma yang merupakan lampiran dan bagian yang tidak terpisahkan dari Undang-Undang bersangkutan, yang dalam keberadaannya sebagai Undang-Undang merupakan kewenangan Mahkamah Konstitusi untuk menguji konstitusionalitasnya. Dalam konteks ini Mahkamah Konstitusi  menganut  politik hukum monisme dengan primat hukum nasional dan Mahkamah Konstitusi menganut politik  hukum dualisme saat menguji konstitusionalitas Undang-Undang tentang pengesahan Perjanjian Internasional dalam hal menyangkut pokok perkaranya.

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