PENGELOLAAN HUTAN DESA DI KPH WILAYAH VIII SEMENDO DARI PERSPEKTIF KINERJA KELEMBAGAAN

Muara Danau Village Forest Management Institution (LPHD) is a forum on forest management activities that aim to improve community welfare. At present, the condition of the farming business is not effective, so it requires some rules as a measure of success. This study aims to analyze the institution of the Muara Danau Village Forest Management Institution (LPHD) in the implementation of Village Forest Management. The research was conducted in Muara Danau Village, Semende Darat Laut Subdistrict, Muara Enim Regency, South Sumatra Province, from March to April 2020. Data were analyzed by using the SSBP approach. The results of the study showed the situation of farmers utilizing forest resources in the form of water sources and non-timber forest products. Smallholders manage the forest based on institutional structure stated in the AD/ART, and administrative sanctions. In terms of planting patterns in the arable land, the structure controls farmer behavior by using an agroforestry system. This makes Muara Danau Village Forest Management Institution (LPHD) obtain a good performance in the aspect of institutional management which is measured by the involvement of members and institutional administrators in group activities/training (91%) and the types of binding group rules in the form of written rules (AD/ART) as well as unwritten rules (84%) in managing areas measured based on the type of forest resource conservation activity (95%). However, managing businesses have not obtained optimal results, as measured by the absence of institutions that handle the marketing of forest products for groups (cooperatives). Based on the results of the research, the institution of Muara Danau Village Forest Management Institution (LPHD) is categorized as good.

Thoughts on the principle of ne bis in idem in the light of administrative and criminal sanctions for the legal protection of animals

According to the well-developed interpretation of the principle of the ne bis in idem in the case law of the Court of Justice of the European Union and the European Court of Human Rights, the same conduct cannot be the subject of two proceedings or santions with similar functions and purposes. In Hungary the Constitutional Court has interpreted the rules of the ne bis in idem in administrative and criminal procedure for animal welfare fine and sanctions for cruelty to animals in Decision 8/2017. (IV.18) AB and the legislator settled its rules in Act on administrative sanctions which came into effect from the 1st of January, 2021. The recent study through practical issues approaches how principle prevails, its problems and possible solutions in the field of unlawful conduct in animal welfare, in particular regarding the role of the prosecutor.

PERTANGGUNGJAWABAN PIDANA NOTARIS TERHADAP AKTA OTENTIK YANG DIBUAT TERINDIKASI PEMALSUAN

A notary is an authorized public official whose main obligation is to make authentic deeds based on a professional code of ethics, related to the widespread indications of forgery of the authentic deeds, of course this needs to be accounted for by the notary himself. This study aims to identify and explain the criminal liability of a Notary against an authentic deed made and indicated forgery and to find out the legal status of a deed made by a Notary that caused a dispute. The data collection carried out in this research is by interview and literature study as well as the applicable legislation. Data were analyzed descriptively qualitatively. The results of the study indicate that if the notary is proven to have falsified or falsified the authentic deed he made and caused harm to interested parties, the notary can be sentenced to criminal, civil, and administrative sanctions. The legal status of the deed that is proven to be falsified by the Notary who made it, which can be canceled, null and void, has the power of proof as an underhand deed, canceled by the parties themselves and canceled by a court decision that has permanent legal force. However, the status or position of the Notary deed can’t be carried out jointly, but only applies to one, in accordance with a permanent court decision.

Efektifitas Perda Kabupaten Klungkung No 2 Tahun 2010 dalam Upaya Pelestarian Lingkungan di Pantai Watu Klotok

The environmental condition in Klungkung Regency has shown some signs of increasing environmental damage and pollution every year. To maintain and preserve the environment by the surrounding community, the Klungkung Regency Government issued Regional Regulation Number 2 of 2010 concerning Control of Environmental Damage and Pollution. The purposes of this study are to examine the effectiveness of Perda No. 2 of 2010 and to examine the obstacles in enforcing Perda No. 2 of 2010. This study was designed with empirical legal research with a statutory and conceptual approach. Data were collected through field interview techniques. The data used are primary and secondary data. After the research data was collected, the researchers then analyzed using descriptive qualitative methods. The results showed that the effectiveness of the Regional Regulation in an effort to stop the level of pollution on the Watu Klotok beach with preventive and repressive efforts through. Administrative sanctions in the form of verbal warnings, written warnings, criminal sanctions or civil fines for environmental damage or pollution. The obstacles in implementing this regional regulation are law enforcement officers, community culture, economy and public awareness. So that the effectiveness of the regulation has not been implemented effectively by law enforcers in terms of imposing sanctions. Therefore, the Klungkung Regency Government must be more firm and wise in implementing the existing legal regulations.

Increased and additional fees governed by the Geological and Mining Law as examples of administrative pecuniary penalties

The increased and additional fees are administrative sanctions for violations of the provisions of the Act of 9 June 2011 Geological and Mining Law, especially in part concerning the concession requirements. The article discusses the functions which these sanctions play. In that range it analyses the subject and severity of the fees, trying to distinguish their scopes. It leads to the conclusion that the fees concentrate mainly on their repressive and fiscal functions. The second part of the article is devoted to standards of the fees in the light of the provisions Section IVa of the Code of Administrative Procedure, entitled “Administrative pecuniary penalties”. The impact of these provisions on the fees’ legal status is insufficient and does not guarantee the satisfactory protection of rights of entities.

Analysis of Medical Legal Order as A Basis For Settlement of Medical Malpractice Disputes

This study aims to determine whether the medical legal order can provide a solution for resolving medical disputes carried out by doctors against health service recipients in hospitals. The absence of a malpractice law creates confusion in decision making when doctors become involved in medical disputes. As primary legal material, is has a strong legal basis in making decisions on sanctions that can be imposed on doctors who commit malpractice by violating the professional code of ethics or working not according to standard operating procedures. The methods used are normative legar research methods and library legal research by conducting critical analysis on primary and secondy legal materials. The results of the study have shown that malpractice acts committed by doctors have a clear legal accountability mechanism ,as regulated in Health law number 36 of 2009, law number 29 of 2004 concerning medical practice.Administratively all forms of malpractice committed by docors can be threatened with criminal,civil,administrative sanctions an fines. At a more final level, administrative sanctions from malpractice acts committed by doctors can lead to on revocation of practice license.

UPAYA HUKUM WAJIB PAJAK TERHADAP SURAT KEPUTUSAN PENGURANGAN ATAU PENGHAPUSAN SANKSI ADMINISTRASI

The Decree on the Reduction or Elimination of Administrative Sanctions issued due to the taxpayer's ignorance is a decision related to the implementation of tax decisions that have the potentially to cause disputes. This is because there are no clear boundaries regarding the criteria for error. As a result, there are opportunities for interested parties to interpret subjectively (Huda, 2015). If the taxpayer feels that The Decree on the Reduction or Elimination of Administrative Sanctions issued by the DGT is not appropriate, then the taxpayer can file a legal action in the form of a lawsuit to the Tax Court. What is interesting in the lawsuit process is how the panel of judges decides on tax dispute cases that arise due to unclear criteria in a rule, in this case related to taxpayer ignorance. In addition, the decision issued by the Tax Court must be able to provide a sense of justice to taxpayers considering the purpose of establishing the Tax Court is to create justice and legal certainty in the settlement of tax disputes. Keywords: Tax, Decree on the Reduction or Elimination of Administrative Sanctions, Tax legal remedies, Tax Court Abstrak Surat Keputusan Pengurangan atau Penghapusan Sanksi Administrasi yang diterbitkan akibat adanya kekhilafan wajib pajak merupakan keputusan berkaitan dengan pelaksanaan keputusan perpajakan yang berpotensi terjadi sengketa. Hal itu disebabkan karena tidak adanya batasan-batasan yang jelas mengenai kriteria kekhilafan yang diatur di dalam sebuah aturan. Akibatnya terbuka peluang bagi pihak-pihak yang berkepentingan yaitu wajib pajak dan petugas pajak untuk menafsirkan secara subjektif (Huda, 2015). Jika wajib pajak merasa bahwa surat keputusan pengurangan atau penghapusan sanksi administrasi yang diterbitkan DJP tidak tepat, maka wajib pajak dapat mengajukan upaya hukum berupa gugatan ke Pengadilan Pajak. Yang menarik dalam proses gugatan tersebut adalah mengenai bagaimana majelis hakim memutuskan perkara sengketa pajak yang timbul karena ketidakjelasan kriteria di dalam sebuah aturan, dalam kasus ini yaitu terkait kekhilafan wajib pajak. Selain itu, putusan yang diterbitkan oleh Pengadilan Pajak harus dapat memberikan rasa keadilan kepada wajib pajak mengingat tujuan pembentukan Pengadilan Pajak adalah untuk menciptakan keadilan dan kepastian hukum dalam penyelesaian sengketa pajak. Kata Kunci: Pajak, Surat Keputusan Pengurangan atau Penghapusan Sanksi Administrasi, Upaya hukum perpajakan, Pengadilan Pajak

ANALYSIS OF LEGAL SUPERVISION IN PREVENTING CRIMINAL PRACTICES AND CAPITAL MARKET VIOLATIONS

This study aims to analyze legal supervision in preventing criminal practices and capital market violations. The type of research used in this study is the juridical-normative method, namely research on a legal principle contained in positive law that has been applied in Indonesia. The positive law in question is the regulation that regulates Capital Market Number 8 of 1995, the Law on the Financial Services Authority, and other Implementing Regulations. The types of legal sources used in this study are secondary legal sources and tertiary legal sources collected using the library research method. The research analysis used qualitative methods which were analyzed using a sociological approach. Qualification of forms of criminal acts Law no. 8/1995 concerning the Capital Market is regulated in Article 103 paragraph (1), Article 104, Article 106 and Article 107. As for criminal acts in the form of violations, it is regulated in Article 103 paragraph (2), Article 105 and Article 109. The forms of sanctions for violations are divided into: administrative sanctions, civil sanctions, and criminal sanctions.

Mitigation Strategy for Fishermen’s Households as a Result of Covid-19 Pandemic Social Engineering in Sungai Kayu Ara Village

Covid-19 had a major impact on people’s lives, including the fishing community. Mitigation strategies are needed in order to reduce the impact of Covid-19. This research was conducted in March 2021 at Sungai Kayu Village. This village is one of the coastal villages located in Sungai Apit District, Siak Regency, Riau Province. The purpose of this study is to identify structural and non-structural mitigation and analyze the mitigation strategies carried out by fishing households in Sungai Kayu Ara Village. The method used in this study using the Survey Method. The population was fishing households totaling 48 households. The technique of determining the respondents is by census, which takes all the population as respondents. Data was collected by means of observation, in-depth interviews, documentation, literature studies, and online searching of data and information. The data that used: qualitative descriptive analysis and Analytical Hierarchy Process (AHP). Structural and non-structural Covid-19 mitigation in Sungai Kayu Ara Village, Sungai Apit District, Siak Regency is more focused on implementing government policies stipulated by the Regent’s regulation on handling infectious diseases and the Regent’s regulation on the application of administrative sanctions for the enforcement of health protocols in handling infectious diseases. Mitigation strategies for fishermen households in Sungai Kayu Ara Village, Sungai Apit District, Siak Regency due to the main social engineering of the covid-19 pandemic are: Selling fish caught by fishermen online, receiving protection fund and empowering fishermen, owning a plantation business (alternative business), receiving social assistance and have saving and emergency fund.

Deconstruction of the ultimum remedium basic concept on protection and management tropical biodiversity

The biological potential in Indonesia is no longer managed and protected. So far Indonesia has had biologically related laws and regulations, but its implementation is still weak and less effective. Therefore, Law No. 32 of 2009 on Environmental Protection and Management or called UUPPLH mentioned the management and protection of biodiversity based UUPPLH namely two principles in law of criminal provision, the principle of remedium ultimum which is an effort, and the principle of premium remedium that takes care of the law. So far many mistakes in interpreting the application of the principle of remedium ultimum which is said to make it difficult for law enforcement to enforce environmental criminal laws and can shackle law enforcements in carrying out task of environmental law enforcement. In addition, it is also said that the principle of remedium ultimum can also harm the environment due to violations of waste water quality standards, emissions, and disturbances that take precedence is the administration of administrative sanctions, meaning that there is no deterrent effect on perpetrators. Therefore, it is necessary to deconstruct the principle of remedium ultimum in the proper enforcement of environmental criminal law including structuring and enforcement (compliance) which can also be a view of criminal law that can be used as an instrument in the framework of protection and management of tropical biodiversity, especially the environment and can bring consequences for the intertwining of criminal law with administrative law. The results of the research are based on UUPPLH that can protect biodiversity by Indonesia and reconstruct the principle of ultimum remedium in environmental law. Research methods using normative legal research on philosophical.