scholarly journals Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat

2021 ◽  
Vol 18 (1) ◽  
pp. 112
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Legal Protection ◽  
Status Quo ◽  
The State ◽  
Conceptual Approach ◽  
The Status ◽  
Approach Method ◽  
The Law ◽  
Customary Land

Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welfare. This paper will use the conceptual approach method, namely the Pancasila concept as a source of ideas in providing legal protection to indigenous and tribal peoples. Furthermore, it also uses a conceptual approach from thought of progressive law. The existence of the status quo in providing legal protection to indigenous and tribal peoples which tends to be static, conditional and legalistic which has been done so far. Legal protection is more concerned with how the criteria regarding indigenous and tribal peoples will be recognized. The state should have dared to make policy and legal breakthroughs to provide legal protection based on guidance and empowerment. These policy and legal breakthroughs can refer to thougt of progressive law, which positions the law for humans with the aim of providing justice, welfare and happiness for indigenous and tribal peoples based on Pancasila and the Constitution.

scholarly journals Penataan Perizinan Dan Status Perkebunan Tanpa HGU di Sulawesi-Selatan

2020 ◽  
Vol 2 (2) ◽  
pp. 97
Author(s):  
Tri Suhendra Arbani
Keyword(s):  
The State ◽  
Forest Area ◽  
Conceptual Approach ◽  
Land Clearing ◽  
The Status ◽  
The Law

AbstractThis study examines two things, namely the status of state land granted to PTPN XIV, which has expired its HGU and licensing arrangements in the plantation sector, this research uses jurist normative research using a law editor and a conceptual approach. With regard to the PTPN XIV HGU, it is clear that the problems arose due to the unclear land status after the expiration of the HGU permit. From the perspective of the law, it is very clear that land that has expired its HGU is the obligation of PTPN XIV to return it to the state as the party that grants the permit. Improvement of the plantation licensing chain starting from location permits, forest area release permits, plantation business permits, cultivation plantation permits, processing plantation business permits, land clearing permits.Keywords: Business Use Rights, Licensing, Plantation. AbstrakPenelitian ini mengakaji bertujuan mengkaji dua hal yakni status lahan negara yang diberikan kepada PTPN XIV yang telah masa habis masa HGU nya dan penataan perizinan dibidang perkebunan, penelitian ini menggunakan penelitian normative yuris dengan menggunakan pendekan undang-undang dan pendekatan konseptual. Permasalahan tentang HGU PTPN XIV, sudah jelas bahwa masalah yang muncul akibat ketidakjelasan status tanah pasca berakhirnya izin HGU tersebut.  dari pandangan aturan hukumya sudah dengan sangat terang bahwa tanah yang sudah habis masa HGUnya menjadi kewajiban PTPN XIV untuk mengembalikannya kepada negara sebagai pihak yang memberikan izin. Perbaikan rantai perizinan perkebunan dimulai dari izin lokasi, izin pelepasan Kawasan hutan, izin usaha perkebunan, izin perkebunan budidaya, izin usaha perkebunan pengelolahan, izin land clearing.Kata Kunci : Hak Guna Usaha, Perizinan, Perkebunan.

scholarly journals Implementation Of Registration Of Transfer Of Rights Reserved Land For Endowments By Permen Atr Bpn No. 2 Of 2017 In Pati Regency

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 617
Author(s):  
Rubin Pratama ◽  
Akhmad Khisni
Keyword(s):  
Information Dissemination ◽  
Secondary Data ◽  
Power Of Attorney ◽  
Land Registration ◽  
The Status ◽  
History Of ◽  
Approach Method ◽  
The Law ◽  
Customary Land ◽  
The Right

The purpose of this study was to identify and analyze: 1) Implementation of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 2) As a result of the Law of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 3) Barriers and Solutions in the Process of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive qualitative analilis.Results of the research results can be concluded: 1) The registration of transfer of property rights to land as endowments by Permen ATR BPN No. 2 of 2017 in Pati regency categorized into two, namely for Waqf land registration activities that have not been certified (customary land) and the endowment of land that has been certified. For land that has not berserifikat documents furnished as the Deed of Pledge Waqf, copy of ID / KK, Ffoto copy of ID card / ID holder, a certificate of history of the land, a statement of physical mastery, the power of attorney request, a copy of property tax, proof of the right base / proof of ownership, a letter of disputes and probate Nadzir. As for the registration of land that has been certified requirements document completeness namely Deed Pledge endowment, land title certificates, copy of ID / KK Applicant, copy of ID / KK owner rights, petition, revelation of the grace period endowments, probate Nadzir, a statement of the land is not dispute, a statement of the land / building physically controlled, and evidence of CNS / PPH. 2) The legal consequences transitional registration of land titles for endowments, namely the status of Waqf land rights be have legal certainty. Waqf land registration set forth in Regulation ATR BPN Number 2 of 2017 concerning Procedures in the Ministry of Waqf Land Registration BPN ATR is a target to hold a legal simplicity. 3) Barriers still the majority community in Pati regency are still reluctant to take care certificate donated land, because of the assumption that the Waqf land certification process requires very expensive, the government's solution is to conduct information dissemination and outreach to the community.Keywords: Endowments; Land Registry; BPN

scholarly journals Kedudukan Hukum Tanah Adat Pelaba Pura Sebagai Tanah Ulayat di Desa Tampaksiring Kabupaten Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 133-137
Author(s):  
Ida Bagus Nyoman Trisya Andika ◽  
I Wayan Wesna Astara ◽  
I Putu Gede Seputra
Keyword(s):  
Legal Protection ◽  
Empirical Approach ◽  
The Status ◽  
Legal Position ◽  
Customary Laws ◽  
Inner Strength ◽  
The Law ◽  
Customary Land ◽  
The Temple

Bali as one of the provinces that has a strong custom also has several binding customary laws. The status of ulayat land still lacks legal protection when dealing with development interests. There are still many villagers who do not manage the temple land or in the status of customary land becomes legal before the law. This research was conducted with an empirical approach in Tampaksiring Village, Gianyar Regency, Bali Province. The purpose of this study was to determine how the legal position  of  the  pelaba  pura  land  in  Tampaksiring  Village,  Gianyar  Regency. Customary offense is any act or event which seriously disturbs the inner strength of the community, all actions or events which pollute the inner atmosphere, which oppose the sanctity of society, constitute an offense to the community as a whole. The process of settling the land certification of pelaba pura in Tampaksiring Village, Gianyar Regency is by using the sanction of adat offense. Namely by fencing the land according to the results of the paruman tradition that has been implemented. Finally the land was handed back to the temple voluntarily    

scholarly journals Implementation of Legal Protection of Confidential obligation Notary In Running Position

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 223
Author(s):  
Djuniatno Hasan ◽  
Gunarto Gunarto
Keyword(s):  
Good Description ◽  
Legal Protection ◽  
The State ◽  
The Other ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Past ◽  
The Law ◽  
Materials Used ◽  
Future 2

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

scholarly journals The natural duty of justice in non-ideal circumstances: On the moral demands of institution building and reform

2017 ◽  
Vol 20 (1) ◽  
pp. 45-66 ◽  
Author(s):  
Laura Valentini
Keyword(s):  
Distributive Justice ◽  
Political Theory ◽  
Status Quo ◽  
The State ◽  
Response Strategy ◽  
Macro Level ◽  
Institution Building ◽  
Institutional Agents ◽  
High Stakes ◽  
The Status

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls's natural duty ‘to further just arrangements not yet established’, treating it as a ‘normative bridge’ between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo is due to non-compliance, the less demanding the natural duty of justice becomes. I conclude that, in non-ideal circumstances, the bulk of the normative work is done by another natural duty: that of beneficence. This conclusion has significant implications for how we conceptualize our political responsibilities in non-ideal circumstances, and cautions us against the tendency – common in contemporary political theory – to answer all high-stakes normative questions under the rubric of justice.

scholarly journals Whom is political science for?

2001 ◽  
Vol 1 ◽  
pp. 4-8
Author(s):  
Andrea Theocharis ◽  
Marcus Graetsch
Keyword(s):  
Everyday Life ◽  
Political Science ◽  
State Of The Art ◽  
Status Quo ◽  
The State ◽  
Research And Teaching ◽  
The Everyday ◽  
The Status ◽  
Internet Discussion

We all study political science, but - what do we actually do here anyway? This essay expresses our thoughts about our subject. The everyday life in University doesn’t seem to give enough space for questioning what is this all about. Maybe a debate on that issue does not exist extensively because of fears of the loss of entitlement. The aim of this essay is to support the heightening of student’s awareness about the status quo of research and teaching in political science as we can judge it from our modest experiences. Trying to get to the basis of such a problem is not easy. The things here written are surely not the state of the art, but they could shine a better light on the problem what had been called the 'politics of political science' in an earlier Internet discussion on the IAPSS website. This paper should be understood as a start for a discussion, where we all can express our surely different experiences and ideas.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

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