Legal Protection of Auction Winners of Agraria Disputes of Confiscated Assets through KPKNL

It is important to know the rights of the auction winner in every auction procedure. This includes legal protection for the winning bidder for assets confiscated through the State Wealth and Auction Service Office (KPKNL). This research will reveal the legal protection section of agrarian disputes over the auction of bppn confiscated assets through KPKNL in Medan City. Data collection used Normative Juridical review. Research informants only focus on employees and parties who have problems related to the agrarian suspicion of the auction of confiscated assets by the Indonesian Bank Restructuring Agency, confiscate through KPKNL in the Medan branch. The conclusion is that legally the auction, there are inappropriate regulations by the Central KPKNL and the Medan city area. There are also problems with policies made by agraria confiscate, where the regulations are not well integrated. KPKNL has conducted an auction, but has not provided certainty for the auction winner. In this case, the auction winner gets a loss because he has followed all procedures and did not receive what has been stipulated by KPKNL.

TO ISSUE OF APPROBATION OF RESERVES

The possibility of obtaining special permits for the use of subsoil (after approbation of mineral reserves) has been canceled from February, 2020. This decision was made without much discussion. The opinions of subsoil users were also not taken into account. The “monopolization” of the auction procedure has some negative aspects. They are discussed in the article. It is proposed to consider the possibility of returning to the order that was in effect before February 2020.

The Right to Make Forest Block Lease Contracts for Another Term without Auction Procedures and the Basic Principles of Forest Law

Introduction: the article covers the problems of exercising a lessee’s right to make a forest block lease contract for another term with no auction procedures in the light of the basic principles of forest law. The main problematics resulted from the 2007-2008 procedure of re-issuance of forest block lease contracts made at auction in accordance with the prior Forest Code of the Russian Federation, and the refusal of law enforcement agencies to recognize these lease relations as single and effective after the new Forest Code of the Russian Federation was adopted in 2007. Purpose: to provide a theoretical assessment of the lessors’ refusal to enter into forest block lease contracts with the good faith lessees for another term through no auction procedure, and to assess the compliance of these refusals with the principles of forest legislation. Methods: the dialectical method was used in research as the main one: the right to make a forest block lease contract for another term through no auction procedure is viewed with reference to its genesis, nature, purpose and differentiation from the priority right to make a forest block lease contract for another term on the basis of the results of an auction. Results: it is proved that the re-issuance of a lease contract resulted in a single effective relation between a lessee and a lessor which had arisen on the basis of an auction and was documented in two lease agreements, and that the re-issuance procedure did not cancel the legal basis of the relations commencement (i.e. the auction being won by the lessee) and did not affect the lease duration. Therefore, the good faith lessees who won forest-related auctions, subsequently re-issued the lease contracts, and used the forest blocks for a period of 10 years or more, have the right to conclude lease contracts for a new period without auctions. This approach corresponds to the basic principles of forest law (the need to conserve forests, ensure the quality of forests, sustainably use forests, etc.).

Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor

In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .

UPAYA KEBERATAN DALAM PENGADAAN BARANG/JASA PEMERINTAH DIKAITKAN DENGAN PRINSIP DALAM GOVERNMENT PROCUREMENT AGREEMENT

<p><em>The Government Procurement Agreement (GPA)</em><em>, as part of agreements made within the purview of the World</em><em> Trade Organization (WTO)</em><em>, </em><em>opens up the doors for foreign businesses to enter the</em><em> domestic </em><em>market of government procurement</em><em> (goods/services). Indonesia at present does not yet signed the GPA but decided to become an observer instead. Consequently, the government decides to harmonize its national laws regulating government procurement mechanism or procedure with the international standard (GPA). This article shows that there still exist a huge difference in how the national law regulates the public auction procedure (complaints, challenges and dispute resolution mechanism) with the GPA, which is used as a reference. This situation should be dealt with should Indonesia decides to sign and ratify the GPA.</em></p>