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Perluasan Kompetensi Pengadilan Tata Usaha Negara dalam Mengadili Tindakan Faktual Pemerintah

Decisions and decrees as legal instruments of the government in carrying out legal actions unilaterally, can be the cause of legal violations for citizens, in Law Number 5 of 1986 concerning State Administrative Courts and its amendments, the law explains that the object of state administrative disputes is that which contains legal actions that can have legal consequences for a person or civil legal entity, at least there is ease for the public to sue the government and request the cancellation of decisions made by the government, but due to the expansion of objects in Law Number 30 of 2014 Article 87 letter (a) includes written decisions, it also includes factual actions. Therefore, the problem formulation in this research is whether the state administrative court has the authority to adjudicate factual government actions that harm the community, how legal protection for people who are harmed by factual government actions. This research is a normative legal research with statutory, conceptual, historical, and doctrinal approaches that apply to determine the rule of law as a whole. The results showed that the expansion of the competence of the State Administrative Court to adjudicate factual actions of the government is not competent because it cannot cause legal consequences because it is not in line and contradicts what is regulated in Law Number 5 of 1986 concerning State Administrative Courts and its Amendments, the public does not get legal protection through the State Administrative Court as a result of the factual actions of State Administrative bodies/officials. Suggestions from this research are that factual actions should be removed or eliminated from the competence of the State Administrative Court and there is no need to expand the object of State Administrative disputes, for people who feel harmed by factual actions of State Administrative bodies/officials should file a lawsuit against the law to the district court.

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Upaya Penyelesaian Kasus Pembunuhan Akibat Sengketa Tanah Ulayat Melalui Mekanisme Hukum Adat di Wilayah Adonara Kabupaten Flores Timur

One of the traditional cultures that is currently still practiced by the Adonara community is the fight war. The story of the battle war in the Adonara Area, East Flores Regency, is the battle between Lewobunga Village and Lewonara Village. This rivalry war was triggered by the ownership of customary land rights between Lewobunga Village and Lewonara Village, where the Lewobunga Village Community inaugurated Riangbunga Hamlet Lewobunga Village heard the inauguration the Lewonara Village people did not agree and began to carry out their act of disacceptance by attacking the Lewobunga Village community. So there was a prolonged war and conflict that caused many casualties. This study found several things: (1) The factors that cause the occurrence of murder cases due to customary land disputes are: unclear land boundaries, differences in historical narratives, lack of recognition of land ownership, war revenge and lack of attention from the local government. (2) Settlement efforts carried out by traditional leaders by gathering the entire community and inviting traditional leaders in neighboring villages in the Kiwangona area to perform the traditional ritual of bau lolon to pray that the fight war will not be repeated by declaring the reket kame lo'oko (weapons of war are released) with this statement the community expresses their hearts by declaring that the war will stop or there will be no more wars and this traditional ritual is sacred.

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Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penangkapan Ikan dengan Bahan Berbahaya Beracun

Fishing using toxic hazardous materials is a criminal offense of "illegal fishing", which violates the provisions of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. This was also carried out by the Defendant with the initials JLLF based on the Decision of the Kupang District Court Class 1A with case number: 239/Pid.Sus/2020/PN Kpg. This research is a normative juridical research, so the data sources used are primary data sources, secondary data, and tertiary data. Primary data is obtained from several legal rules such as the Criminal Code (Criminal Code), Law Number 45 of 2009 concerning Fisheries and Court Decisions, secondary data is obtained from libraries, journals, and the internet, and tertiary data is obtained from dictionaries, wikipedia, and encyclopedias. The data were analyzed in a descriptive-qualitative manner. The results of this study show that (1) Criminal liability for fishing perpetrators using toxic hazardous materials in Article 84 paragraph (1) of Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries is in accordance with the elements contained in the formulation of the article. (2) Basis for Judge's Consideration in the Request for Criminal Liability for the Crime of Fishing with Toxic Hazardous Materials in Decision Number: 239/Pid.Sus/2020/PN Kpg. Judging from the elements contained in the articles of indictment as well as aggravating and mitigating matters.

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Analisis Yuridis terhadap Penegakan Hukum Alih Fungsi Ruang Terbuka Hijau di Kawasan Perkotaan

This study examines the issue of law enforcement related to the conversion of Green Open Spaces (GOS) in urban areas. Using a normative juridical research method with legislative and conceptual approaches, this research analyzes the implementation of Law No. 26 of 2007 on Spatial Planning, which mandates the availability of GOS at a minimum of 30% of the total urban area. The findings indicate that law enforcement in GOS conversion faces multiple challenges, including inconsistent regulatory implementation, budget constraints, weak inter-agency coordination, and obstacles in monitoring and enforcement. The pressures of urban facility development and population growth due to urbanization further complicate efforts to preserve GOS. Optimizing the role of local governments in GOS protection and management is carried out through the implementation of the Spatial and Regional Planning involving various related agencies. The Ministry of Environment’s Adipura Program also plays a role in promoting enhanced environmental management performance by adhering to eight essential criteria within legal products related to environmental and ecosystem protection. This study recommends strengthening the GOS management system through improved inter-agency coordination, adequate budget provision, and the consistent application of firm sanctions.

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Perbandingan Kedudukan Anak Luar Kawin Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Hukum Islam, Sikap Masyarakat Terhadap Anak Luar Kawin di Desa Lohayong, Kecamatan Solor Timur, Kabupaten Flores Timur

This study aims to find out and analyze the comparison of the position of children out of wedlock according to law number 1 of 1974 concerning marriage and Islamic law, community attitudes towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency. This research is a normative judicial research using primary data obtained by conducting interviews, secondary data obtained from information sources in the form of the internet, books and other written notes. This study focuses on discussing the position of children out of wedlock according to law number 1 of 1974 concerning marriage and Islamic law and community attitudes towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency. The results of the study show that (1) Children out of wedlock in Law Number 1 of 1974 concerning Marriage are divided into two, namely legal children and children out of wedlock. The position of illegitimate children in the view of Islamic Law contained in the Compupulation of Islamic Law where an illegitimate child only has a civil or nasab relationship with his mother and his mother's family. (2) The attitude of the community towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency is known that the cause of children out of wedlock is due to religious differences, irresponsible couples and underage factors.

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Perlindungan Hukum terhadap Petani yang Memiliki Keahlian dalam Pemuliaan Tanaman

The aim of this research is to analyze the legal protection of farmers who have expertise in plant breeding. This research method uses legal research with normative research type, which is a type of doctrinal legal research which in certain contexts is known as literature study or document study. The results of this study are that legal protection for plant breeders in Indonesia is still inconsistent, especially in Law Number 12 of 1992 tends to favor large companies with financial and technological resources, while Law Number 29 of 2000 does not provide special treatment for small farmers who face procedural obstacles and high registration costs. Law No. 4/2006 has also not provided special protection to plant breeding farmers. Norm making to protect farmers in plant breeding is faced with several inhibiting factors. These factors include the lack of clear regulations on protecting the rights of traditional farmers, limited access to their participation in the rule-making process, and limited resources and legal knowledge. In addition, the dominance of industrial interests, slow bureaucracy, and lack of communication and socialization of regulations further exacerbate the gap, while favoring modern farmers ignores small and traditional farmers.

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Peningkatan Pelaksanaan Fungsi Badan Pengawas Pemilu (Bawaslu) dalam Mengatasi Pelanggaran Pemilu Legislatif Tahun 2024 di Kota Kupang

The process of holding elections must implement the principles of the election itself, namely: Honest, Fair, Direct, Public, Free, Secret, and Transparent. However, the implementation of general elections in Indonesia is inseparable from all forms of election violations and election disputes. One of the institutions responsible for supervising general elections in Indonesia is the General Election Supervisory Agency (BAWASLU). This type of research is empirical juridical legal research using the type of legal sociology study (Socio-legal research) which emphasizes the importance of interview steps and literature studies and qualitative descriptive analysis, namely by explaining, elucidating, and describing problems and close solutions. The results of this study show that: (1) The main functions of Bawaslu include monitoring, studying, and supervising the election process and preventing election violations. Therefore, monitoring, studying, preventing and supervising every stage of the general election in Kupang City properly and the implementation of Bawaslu's functions involves monitoring, investigating, and enforcing rules during the election process. (2) Efforts made by Bawaslu include maintaining the integrity of the election by ensuring that all processes run according to the rules, preventing and handling violations such as money politics and black campaigns. The efforts made by the Kupang City Bawaslu in overcoming Election Violations in Kupang City can be considered successful.

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