JURNAL ILMIAH LIVING LAW
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Published By Universitas Djuanda

2550-1208

2021 ◽  
Vol 13 (1) ◽  
pp. 63
Author(s):  
Rizal Syamsul Maarif ◽  
Martin Roestamy

The objectives of this study are 1) To identify and analyze the concept and politics of enclaving abandoned land ex-land use rights (HGU) in Indonesia 2) To find out and conduct legal analysis regarding the development of an enclaving model of abandoned land ex-land use rights (HGU) of PTPN VIII for the development of a Pondok Pesantren business in the Bopunjur area. The research method used in this research is normative juridical analysis research with a qualitative approach combining secondary legal materials with primary legal materials so as to produce a fact analysis that occurs in the field. The results of this study are: 1) the concept and politics of enclaving on ex-plantation and agricultural land in the Bopunjur area can be utilized as a business development for a Pondok Pesantren, taking into account the 3-year period the land is not suitable for its purpose. And even tend to be neglected or have experienced several cultivated operations. 2) an enclaving development model for abandoned PTPN VIII land, namely by following the asset empowerment cooperation procedure for 5 years, on the way it can be upgraded to a right of use certificate and for 3 consecutive years you can request enclav to the Provincial BPN because Bopunjur is a direct area under the auspices of the Provincial BPN by observing the principle of benefiting the abandoned land into productive activitiesKeywords : Enclaving Model Development, Utilization Principles, Abandoned Land


2021 ◽  
Vol 13 (1) ◽  
pp. 35
Author(s):  
Hidayat Rumatiga

In Indonesia, the formulation of the Anti-Monopoly Law was motivated by an agreement between the International Monetary Fund (IMF) and the Government of the Republic of Indonesia. However, the agreement with the IMF was not the only reason for drafting the law. Even though Indonesia already has an anti-monopoly law, it still practices monopoly in doing business. For example, the monopolistic practices carried out by 12 hen holding companies. sentenced to a total of Rp. 119.8 billion in fines to 11 companies that surpassed the chicken cartel. The verdict was handed down after the Commission Council chaired by Kamser Lumbanradja conducted an examination of Case Number 02 / KPPU-I / 2016 concerning Violation of Article 11 of Law Number 5 Year 1999 concerning cartel agreements at the KPPU hearing, on 13/10/2016 in Jakarta.Keywords : Business Competition; Trade; Comestibles.


2021 ◽  
Vol 13 (1) ◽  
pp. 72
Author(s):  
Budi Santoso

The objectives of this study are: 1) To determine and analyze the legal protection of consumers from traditional medicine with the method of cupping treatment in the Regency and City of Bogor. 2) To find out and analyze the responsibilities of cupping treatment businesses in Bogor Regency and City towards consumers who have suffered losses. The research method used in this study is a normative juridical research that uses a qualitative approach. The results of this study are: 1) Protection of cupping treatment consumers in Bogor Regency and Bogor City, in dispute resolution can be done through a mechanism that has been regulated in the Consumer Protection Law, namely through a dispute resolution mechanism in court or outside the court. 2) The responsibility of the cupping treatment business actors to consumers who are harmed can be accountable for their actions both civil and criminal. This is aimed at increasing the bargaining position of consumers in making transactions with business actors, so that they are not treated arbitrarily because there is a law that regulates it.Keywords: Legal Protection; Consumer; Traditional Treatment.


2021 ◽  
Vol 13 (1) ◽  
pp. 20
Author(s):  
Haerudin . ◽  
Endeh Suhartini

The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.


2021 ◽  
Vol 13 (1) ◽  
pp. 46
Author(s):  
Rusmin Wijaya ◽  
Achmad Jaka Santos Adiwijaya

The auction activity is the sale of goods open to the public with a written and / or verbal price quote that is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. Auction activities can grow the country's economy, this activity can be optimized through investment. The research method used in this research is normative juridical, and the data are analyzed qualitatively using SWOT analysis. The results of this research there are opportunities and challenges where the Mortgage Certificate has an executorial power, the Regulation supports Investors / Buyers to Invest by buying auction assets, the online auction system aims to enable KPKNL to respond quickly, cheaply, efficiently every request of potential buyers / Investors without have to go through a long bureaucracy, buyers in good faith get legal protection. As for obstacles or challenges in optimizing auction results through investment, namely the presence of auction blockage before the auction, interference or intervention from third parties, and the existence of legal remedies in the form of lawsuits, resistance, rebuttal submitted by the Respondent / debtor at the Court for reasons that are too low or Police Report. With regard to investor legal certainty, namely obtaining legal certainty and legal protection for the purchase of auction assets at the KPKNL in accordance with the provisions stipulated in article 14 of Law Number 25 of 2007 concerning Investment.Keywords : Utility Principle; Auction; Invesment Law.


2021 ◽  
Vol 13 (1) ◽  
pp. 11
Author(s):  
Saddam Husein

Almost all wakifs who surrendered their land to Nazhir did not include funds to finance productive business operations, this of course became a serious problem and obstacle in managing their waqf. This research was conducted with juridical normative, taking into account the existing provisions as well as provisions related to BOT or the practice of BOT agreement models with a case study approach and methods, meaning that this research was conducted to see what the expectations of legal products are in terms of this is about waqf and how it is in reality in the field so that the materials found in the field can be used as tertiary legal materials in order to develop which one is better than alternative solutions. The result of this research is to produce a modelwaqf land productivity based on BOT and it is hoped that it can be known and become a model that is believed by everyone who wants waqf.Keywords : Waqf Land; Productive; Build Operate Transfer.


2021 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Adang Budaya ◽  
Syamsuddin Ali Nasution

Indonesia is a country with the most Muslim population in the world. According to Global religius future, at the beginning of 2020, 87% of its citizens were Muslims or around 209.12 million people. This is very potential for the development of zakat in Indonesia. Because basically, muzakki will still be there every year or month so that economic sustainability will be maintained and sustainable. Zakat has three fundamental functions, namely to purify the soul, blessing fortune and as an expression of social care for others. Zakat is a mandatory command of God to Muslims stated in the Qur'an and the Hadith of the Prophet Muhammad. The pillars of Islam as the five foundations of Islamic identity, are the driving force in increasing piety. Coupled with the six pillars of faith as a basic manifestation of our faith in Allah Subhanahu Wa Ta'aalaa. However, what remains a problem is that Indonesia, with the status of the largest Muslim country in the world, has not been able to break the zakat into a source of state income as well as taxes. Zakat is still voluntary. While the 2011 Zakat Law No. 23 concerning the Management of Zakat only requires amil and its management procedures, which must follow the guidelines of Islamic law.Keywords : Zakat; Sharia; Islamic Law.


2021 ◽  
Vol 13 (1) ◽  
pp. 57
Author(s):  
Tusmiati .

The aim of the reasearch are: 1) To know and to analyze the law system in making notarial deeds generally related to digital era. 2) To know and to analyze the development model of notarial deed authentification in its signing stage in the digital era. The methodology applied in the research is juridical normative approach whereby objectively explaining particular data followed by an analysis based on legal theory and related statutes of research objects. The  result of the research were: 1) The making certificates digitally, only can be used in a newsworthy event of a meeting in a company deed. 2) In making general notarial deeds we still have to deal with a notary directly which is based on Notarial Law. 3)The development model of notarial deed in its signing stage in the digital era hasn’t had a compatibility between the Law of Notary Position and Electronic and Information Transaction Law; which resulted in inhabiting of notary’s authority. The recent regulations have not fulfiled people’s need. Due to there is no legal certainty, one day,  there will be a problem that can not be anticipated.Keywords : Authentification; Notarial Deed; Online System.


2020 ◽  
Vol 12 (2) ◽  
pp. 122
Author(s):  
Ajeng Famela ◽  
Achmad jaka Santos Adiwijaya ◽  
Agus Surachman

Liquid water is a physiological physiologic where humans need air to retain their lives, the existence of article 33 Constitution 1945 as a corridor of air resource management, where the utilization of permissible is done constitutionally and aims to the maximum for prosperity of people. The method of approach used in this study is normative juridical, which is the law conceptualized as norm, rule, principle or dogma. Data collection techniques used through literature research methods and Interviews as well as using qualitative analysis. ased on the research conducted by the authors that the management of water resources utilization pursuant to article 33 of the Constitution of 1945 is the existence of state rights over water that can be said to exist when the state, which by the constitution 1945 is mandated to create a policy (beleid), still in control in carrying out the management action (bestuurdaad), the action of the arrangement (regelendaad), management actions (beheersdaad) and supervision measures  (toezichthoudensdaad) as the development of the model of water resource utilization management on the business of bottled drinking water Government can develop models from licensing, the addition of administrative sanki, expansion of bottled water production, and initiating private cooperation with the government through the form of BOT agreements


2020 ◽  
Vol 12 (2) ◽  
pp. 107
Author(s):  
Yunia Utami Indah Haloho ◽  
Xavier Nugraha ◽  
Atiqoh Farhan Maulani

The preservation of the stability of world peace became one of the wishes of the entire international community. But these expectations seemed to be a sense of concern in the event of a war between countries using nuclear weapons. International law governs the nuclear weapons of international treaties, one of which is the Treaty on Non-Proliferation of Nuclear Weapons in 1968. In addition to providing a guarantee of a sense of security was formed No First Use Policy to ensure the country owners of nuclear weapons are not the first party to use nuclear weapons in the event of a conflict with other countries. The purpose of this research is to learn about the implementation of No First Use Policy on the use of nuclear weapons by the countries that have them and the international security of the world. The method used in the study is normative juridical is supported by data obtained by library research. Regarding the implementation of the No First Use Policy each country with nuclear weapons has different attitudes about it. Whereas No First Use Policy has had a positive impact on the arrangement of the use of nuclear weapons of the world for security and order.


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