Government Regulation Number Research Articles

PENDAFTARAN PERALIHAN HAK MILIK ATAS TANAH KARENA JUAL BELI DALAM MEWUJUDKAN TERTIB ADMINISTRASI PERTANAHAN

Land is one of the most important factors in human life, everyone needs land for various forms of activities. Based on the provisions of Article 6 paragraph (2) of Government Regulation Number 24 of 1997 that in carrying out land registration, the Head of the Land Office is assisted by the Land Deed Official (PPAT) and other officials determined by statutory regulations. Based on this, this work is to know and understand the implementation of the registration of the transfer of ownership rights to land due to sale and purchase, whether the transfer has realized the orderly administration of land. The implementation of the registration of the transfer of land rights with the status of property rights due to sale and purchase at the Land Office makes the Land Administration Orderly must be implemented in accordance with the regulations governing the transfer of property rights to land due to sale and purchase.

Penilaian dan Pemetaan Status Keberlanjutan Kota di Provinsi Banten

The world population is proliferating, and the proportion of people living in urban areas is also increasing. It is challenging to achieve the SDGs, especially SDG 11, which aims to make cities and communities more inclusive, safe, resilient, and sustainable. Meeting the needs of urban residents, such as housing, public infrastructure, a clean environment, security, jobs, and other basic needs to live comfortably in a city with limited resources, is a problem. Sustainable cities are becoming increasingly important today to facilitate the growth of sustainable cities that integrate economic, sociocultural, environmental, ICT/transverse, and urban dimensions. Effective evaluation of urban sustainability is essential for sustainable development. Banten Province is one of the regions that has committed to achieving the SDGs. This commitment is contained in Banten Governor Regulation Number 47 of 2019 concerning the Regional Action Plan for the Sustainable Development Goals of Banten Province for 2020‒2022. Therefore, this study aims to assess and map the sustainability status of cities in Banten Province using Multi-Criteria Decision Analysis (MCDA) analysis and processed with PROMETHEE (Preference Ranking Organization METHods for Enrichment Evaluation). The number of criteria for a sustainable city in 2012 was 82 criteria and 109 criteria in 2022, where the highest number of criteria is on the sociocultural and economic dimensions. The PROMETHEE results show that the cities in Banten Province with the best sustainability levels are Tangerang City and South Tangerang City. City governments with low sustainability status or experiencing a decrease in sustainability status need to improve the performance of sustainable city indicators so that development can be sustainable.
 
 Keywords: ecology, economics, evaluation, preference ranking organization methods for enrichment evaluation, social

Policy Analysis of New Autonomous Region Formation: A Case Study on the Readiness of Tondano City Formation Based on Government Regulation Number 78 of 2007

<p class="s41"><span class="s40">This research aims to describe and analyze the implementation of Government Regulation Number 78 of 2007, focusing on the supporting and inhibiting factors in the process of preparing </span><span class="s40">Tondano</span><span class="s40"> Raya District to become </span><span class="s40">Tondano</span><span class="s40"> City, a New Autonomous Region. Using the Policy Analysis theory by Patton & Sawick</span><span class="s40">i</span><span class="s40"> (2012), the study develops policy alternatives to ensure readiness for this transformation. The findings indicate that while there is significant community support for forming </span><span class="s40">Tondano</span><span class="s40"> City, several administrative and technical requirements stipulated by Government Regulation Number 78 of 2007 remain unmet. Specifically, administrative challenges, economic indicators, and infrastructure improvements are needed. High community support and abundant natural resources are major supporting factors, yet the lack of clear regulations and a moratorium policy </span><span class="s40">present significant obstacles</span><span class="s40">. The proposed policy alternatives include: strengthening relationships between the DPR and the community, completing and updating essential data, maintaining population quality and quantity, increasing Profit Sharing Funds, General Allocation Funds, and Special Allocation Funds, enhancing local revenue policies, adjusting expenditure patterns, securing potential national financial sources for local management, granting greater discretion to local governments, promoting industrial development, and optimizing resource potential in the prospective new autonomous region. These alternatives aim to comprehensively address the readiness for the future formation of </span><span class="s40">Tondano</span><span class="s40"> City as a New Autonomous Region, ensuring sustainable development and improved public services.</span></p><p class="s42"><span> </span></p><p class="s37"><span class="s36">Keywords:</span></p><p class="s38"><span class="s31">policy </span><span class="s31">analysis</span><span class="s31">; </span><span class="s31">f</span><span class="s31">ormation of new autonomous regions</span><span class="s31">; </span><span class="s31">policy alternatives</span></p>

A Fulfillment of Criminal Conditional Rights Post Application of Law Number 22 of 2022 Concerning Correction

Efforts to establish a system of improvement guidelines within the correctional system include the implementation of parole and determining the eligibility for parole, which are considered as rights for detainees in prison. The regulations governing these rights are outlined in Law Number 12 of 1995 concerning Corrections and are further guided by Government Regulation Number 32 of 1999, which details the requirements and procedures for the implementation of correctional assistance rights. This government regulation was later amended by Government Regulation Number 28 of 2006. The coaching activities and mentoring provided within the correctional institution encompass various aspects such as spirituality, social activities, counseling, health seminars, and work guidance. These coaching initiatives are designed to support detainees in their rehabilitation and reintegration into society. To ensure the effectiveness of these efforts, the correctional institution strives to innovate its services, improve infrastructure, and develop existing facilities to optimize the support provided to inmates. In summary, the focal points of these improvement guidelines revolve around parole implementation, detainees' rights, coaching activities, and the enhancement of correctional institutions' systems and services. Keywords: Conditional Rights, Convicts, Correctional Institutions

Analisis Konten Youtube sebagai Jaminan Fidusia pada Perbankan Syariah


 After the promulgation of Government Regulation Number 24 of 2022, copyright should be a breath of fresh air. However, the response given by financial institutions was only supportive and they did not have the courage to implement YouTube content as collateral. The method used in this research is the juridical-normative research method. The approach used in this research is the statutory approach. The data analysis technique used is the theory of Miles and Huberman, where there is data reduction, data presentation and conclusion. The government facilitates calculation assistance for intellectual property, but there are still many gaps in the application of these regulations. So we need a system or standard rules that regulate explicitly how to evaluate intellectual property economically. There are still many shortcomings in implementing Youtube content as a fiduciary guarantee, so additional regulations and a qualified system are still needed if you want to apply copyright as a fiduciary guarantee.
 Keywords: Collateral, Fiduciary, Youtube

Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.

Analisis Pengupahan Terhadap Sistem Upah Kerja Borongan Buruh Bangunan Berdasarkan Fatwa DSN MUI Nomor 09/DSN-MUI/VI/2000 dan Peraturan Pemerintah Nomor 36 Tahun 2021

Wages are an important component of the relationship between companies and their workers. Researchers analyzed wage practices carried out by PT. Raytama Bintang Arbani where the company is one of the companies in the construction sector that uses the services of workers/laborers who work according to what the company expects. The rampant remuneration is arbitrary because it is caused by the ignorance of both parties about the wage system. Researchers use the theories of wages that exist in the Fatwa regarding ijarah, and Government Regulations regarding wages. The purpose of this study is to find out and explain the practice of giving wages to construction workers at PT. Raytama Bintang Arbani. Second, to find out and explain the analysis of Islamic law on the practice of wages for construction workers at PT. Raytama Bintang Arbani. The researcher analyzed using Fatwa No. 09 of 2000 concerning ijarah contracts and also Government Regulation Number 36 of 2021 concerning Wages. The method used in this research is qualitative research, a type of research that describes systematically what is happening in the field. The data collection techniques used in this study are observation, interviews, and documentation. Based on the results of research in the field, it is true that at PT. Raytama Bintang Arbani under this contract labor wage system, the standard wages given to workers are not the same value as the same work because wages are also based on the length of work of workers/laborers at PT. Raytama Bintang Arbani. The amount of wages, which also has a value, has been determined by the company, so workers cannot negotiate, for fear of losing their jobs. The average worker in this company has a low level of education, so they don't understand regulations. Companies should be wiser and understand wage regulations.

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.

LEGAL RESPONSIBILITY OF GOODS/SERVICES PROVIDER FOR BUILDING FAILURE

Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.

Analysis of State Civil Apparatus Understanding of Zakat as a Deduction for Taxable Income

There are still many people who do not know the role and position of zakat in income tax, that zakat can actually reduce taxable income provided that payments are made to zakat recipient institutions that have been determined and authorized by the government as stipulated in Government Regulation Number 60 of 2010. This study aims to determine how State Civil Apparatus (ASN) lecturers in the Politeknik Negeri Padang (PNP) understand zakat as a reduction in taxable income. The research method used is a survey with a qualitative approach. The population in this study were ASN lecturers at PNP. The sampling technique was carried out using the quota sampling method with 83 respondents. The data collection in this study was to conduct open interviews directly to ASN lecturers at PNP. The data was processed with a qualitative descriptive approach. The results showed that the majority of respondents did not know and understand about zakat as a deduction for taxable income and most respondents paid zakat not to official state institutions. It is hoped that the results of this study can be used by respondents in managing their zakat and taxes, and for policy makers to consider zakat not only as a deduction from taxable income but as a deduction from gross income in the calculation of personal tax and socialize the regulations that have been set.

Analysis of Accrual-Based Government Accounting Standards Application to The Financial Reports of Regional Public Service Agency (BLUD)

The purpose of this study was to find out that the presentation of financial reports at the BLUD of the Cidadap Health Center is in accordance with Accrual-Based Government Accounting Standards which refer to Government Regulation Number 71 of 2010 concerning Government Accounting Standards and Permendagri Number 79 of 2018 concerning Regional Public Service Agencies. The research method used in this study is a qualitative method with a descriptive approach by comparing theory and practice in presenting financial reports, data collection techniques used by observation, interviews and documentation. The results of the study show (1) of the 7 accrual-based financial component indicators BLUD Cidadap Health Center in its financial management has implemented SAP in accordance with Government Regulation Number 71 of 2010 concerning Government Accounting Standards on an accrual basis which presents Budget Realization Reports (LRA), Budget Balance Reports More (LSAL), Statement of Cash Flows (LAK), Balance Sheet, Operational Report (LO), Report of Changes in Equity (LPE), and Notes to Financial Statements (CaLK). (2) Financial management staff have PNS status but are not professionals in the financial sector, so it can be said that they are not fully in accordance with what is regulated by Permendagri Number 79 of 2018 concerning Regional Public Service Agencies.

Analysis of Changes in Criminal Threats in Regulations on Environmental Protection and Management

Currently, Indonesia is facing serious environmental problems which are exacerbated by a lack of public awareness and law enforcement. Law enforcement is very important in overcoming environmental problems, and in this case means the use of legal instruments that can be coercive, such as criminal sanctions. The main legal basis that regulates environmental protection and management in Indonesia is Law Number 32 of 2009 concerning Environmental Protection and Management and several amendments to Law Number 6 of 2023 concerning Ratification of Government Regulation Number 2 of 2022 concerning Job Creation. This article focuses on changes in criminal sanctions and how they occurred by comparing the two laws and analyzing them. The results show that five articles concerning criminal sanctions have been changed or deleted. This is because four of the five articles have been simplified for administrative purposes and to avoid legal ambiguity, while one of the five articles cannot be determined because the changes made resulted in the law being dead.

Politik Hukum Pengalokasian Program Padat Karya Dengan Menggunakan Anggaran Pendapatan dan Belanja Daerah di Kota Surabaya

Abstract: The Covid-2019 pandemic has caused Surabaya's economy to experience a slowdown in growth. The poverty rate for the City of Surabaya increased from the previous year in 2020 of 5.02%, increasing to 5.23% or 152,489 poor people in the City of Surabaya (2021) with 314,837 families registered as MBR. One of the programs in the city of Surabaya in facilitating the poor and unemployed to be competitive and independent in improving their welfare is to establish a Work-Intensive Program designed to involve Low-Income Communities (MBR) in managing assets owned by the Surabaya City Government. Purpose: This study aims to provide views and legal accountability in optimizing the implementation of the 2023 Surabaya City Revenue and Expenditure Budget (APBD) through the Padat Karya Program in alleviating poverty and reducing the open unemployment rate in the City of Surabaya. Design/Methodology/Approach: Research methods uses normative juridical research methods based on juridical aspects such as: norms, laws and regulations, and legal theories related to the authority to allocate the education budget obtained from scientific works, books, online media, and so on related to the object the research studied. Findings: Problems arise because development issues or problems in the City of Surabaya are in addition to continuing to handle and recover the economic and social impacts due to the Covid-19 Pandemic, the problem of the City of Surabaya is that the fulfillment of employment opportunities and employment has not been optimal in reducing unemployment and poverty rates exists so that a local government policy is needed by establishing the Labor Intensive Program using APBD funds. Originality/Value: This research attempts to discuss the legal reasons for the Surabaya City Government in allocating the Padat Karya program using APBD funds in the City of Surabaya as well as the legal responsibility for the Surabaya City government for allocating the Padat Karya program using APBD funds in the City of Surabaya based on Government Regulation Number 12 of 2019.

Badan Usaha Milik Desa dan Peningkatan Kesejahteraan Masyarakat

This research aims to clarify the role of Binor Village-Owned Enterprises, in accordance with Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises. Binor Village, Paiton District, Probolinggo Regency became the location of this research. This research is included in the category of qualitative research. The data used are both primary data and secondary data. The primary data is based on interviews while the secondary data is in the form of Binor village profiles and Binor village BUMDes profiles. The triangulation method is used to test the correctness of the data. This study uses data analysis by collecting data, reducing data, presenting data, and concluding. The Republic of Indonesia Government Regulation Number 11 of 2021 stipulates that BUMDes are established to carry out economic business activities through business management, as well as investment development, economic productivity, and village potential, which are realized through business units in BUMDes. The findings of the study show that the role of BUMDes Binor Energy has been going well, developing, and providing various benefits for the village community.

TELOLET HORN SETTINGS BASED ON LEGISLATION IN INDONESIA

The use of telolet horns is currently increasingly popular in Indonesia. Telolet horn is a type of horn that produces a unique and distinctive sound. The phenomenon of "Om telolet om" or the use of the telolet horn makes many children carry out activities on the road that endanger traffic. Function of the Telolet Horn for Vehicles The horn functions as a means of communication with other road users and can make the surrounding community and road users happy. Setting Telolet Horn Based on Legislation in Indonesia where motorized vehicles operating on the road must have passed the vehicle-worthiness test and meet the technical requirements contained in other laws and regulations, one of which is the sound of a horn. The sound setting for the horn is regulated in Article 69 of Government Regulation Number 55 of 2012 concerning Vehicles, the sound of the horn as referred to in Article 64 paragraph (2) letter f has a minimum of 83 (eighty three) decibels or dB (A) and a maximum of 118 (one hundred eight fifteen) decibels or dB (A). The horn must be used according to its function so as not to harm road users and cause accidents to other motorists. It is hoped that the government will be able to make regulations specifically regarding the implementation of standard horn sounds.

WAKAF PRODUKTIF DAN PENINGKATAN TARAF HIDUP UMAT (STUDI KASUS WAKAF PRODUKTIF DI PIMPINAN DAERAH MUHAMMADIYAH METRO)

Productive Waqf is one of the fiqh ijtihad in the development of waqf syari'at in Islamic law. In Indonesia, the regulations governing waqf have so far been contained in the Basic Agrarian Law Number 5 of 1060, Government Regulation Number 28 of 1977 concerning Ownership of Owned Land. In addition, million is contained in the Compilation of Islamic Law (KHI), based on Presidential Instruction No.1 of 1991. Finally, the laws and regulations governing waqf legally are starting to gain a stronger position, namely the enactment of Law Number 41 of 2004 concerning Waqf. and Government Regulation of the Republic of Indonesia Number 42 of 2006 concerning Implementing Regulations of Law Number 41 of 2004 concerning Waqf. Legally, the position of waqf is very strong in religious life. However, the legal norms of productive waqf have not been immediately implemented in the lives of the people, so research is needed to examine how the relationship of productive waqf in improving the standard of living of people in the Regional Leadership of Metro City The method used is a qualitative method with a management science approach, namely planning, organizing, actuating and controlling. With the hope that it will be understood how the implementation of productive waqf in improving the standard of living of people in Metro City

Legal Certainty on Land Ownership Rights Above Management Rights

The development of legal product shows its influence with the occurrence of a tug-of-war pattern between responsive legal products and conservative legal products. The formal legal policy of Law Number 11 of 2020 concerning Job Creation (UUCK) starts from the government's political will, which is expected to be able to break the chain of bureaucracy and harmonize government policies to support the investment climate. One of the efforts is a change in legal products in agrarian affairs related to Hak Milik and Hak Pengelolaan. Hak Milik can be issued on Hak Pengelolaan land, but the nature of Hak Milik as the strongest and most complete right over the land will experience ambiguity if issued on Hak Pengelolaan land as a state-controlled right that does not result in the cancellation or release of Hak Milik. This results in a lack of legal certainty regarding the position of Hak Milik. This study examines how Government Regulation Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Condominium Units, and Land Registration as a derivative of UUCK provides legal certainty for Hak Milik standing on Hak Pengeloaan. The results of the study show that Hak Milik, Hak Guna Bangunan and Hak Pakai issued on Hak Pengelolaan do not result in the cancellation of the legal relationship with the holder of Hak Pengelolaan. Hak Pengelolaan can be released through a mechanism of releasing rights, the process of which is reported to the Ministry of Agrarian and Spatial and then released as state land for subsequent application for the issuance of Hak Milik to eligible right applicants and Hak Pengelolaan will automatically be cancelled if Hak Milik have been issued on Hak Pengelolaan based on a letter of approval from the holder of Hak Pengelolaan

ANALISIS HUKUM TERHADAP HAK EKONOMI PENCIPTA KARYA MUSIK DAN LAGU YANG DI COVER VERSION PADA PLATFORM DIGITAL

The most basic problem is that there is no regulation regarding royalty rates for performance rights on digital platforms, while the royalty rates used so far depend on each platform to the CMO. Many cover version musicians commercialize their work without the permission of the original creator, resulting in copyright infringement. The research used is empirical juridical using legislation and interview approaches. The conclusion is that due to the large potential for copyright infringement on the cover version, it must first obtain permission from the creator, Article 9 (2). Departing from the theory of development, the Copyright Law and Government Regulation Number 56 of 2021 must be able to follow existing developments. There needs to be clear rules regarding royalty rates on digital platforms, as of this writing, there are no statutory regulations or their derivatives that regulate it. About sharing royalties for copyright creators for music and songs included in digital platforms. If you look at the Utilitarianism theory carried out by WAMI's CMO for music royalties and songwriters on digital platforms, then the distribution of royalties is part of the legal goal of this theory, which is to provide benefits and happiness to as many people as possible.

Air Quality Study in Mijen District, Semarang City in 2022

The higher the air pollution in an area, the more it can have a negative impact on human health status if inhaled continuously, especially in the respiratory system. This study used secondary data obtained from the Environment and Forestry Service. The data was analyzed using a descriptive method by comparing data collected in the field with ambient air quality standards based on Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management to determine air quality conditions in Mijen District, Semarang City. The impact resulting from air pollution can interfere with the health of living things and damage the ecosystem environment. Human health will be disrupted due to polluted air, which can lead to diseases such as ARI, heart disease, and even lung cancer, which is very dangerous. For this reason, it is necessary to conduct research on air quality to prevent air pollution that exceeds ambient air quality standards, which can cause health problems for the community in Mijen District. Based on research on the analysis of air quality parameter measurement results in Mijen District, Semarang City, it can be concluded that all air quality parameters do not exceed quality standards.

Reconstruction of Marriage and Divorce Law for Civil Servants

This article analyzes Government Regulation Number 45 of 1990, this regulation contains gaps in polygamy arrangements between men and women who are civil servants. The focus of this article is to describe the construction of polygamy regulations for the State Civil Apparatus (ASN) which seems gender biased, then how efforts to reconstruct polygamy rules for the State Civil Apparatus (ASN) and then analyze its contribution to the reform of Islamic family law in Indonesia. This library research article is descriptive analytical. The primary data sources in writing this article are the Qur'an, Hadith, and positive laws in Indonesia that regulate marriage and divorce for Civil Servants. The analysis uses the theory of Mashlahah Mursalah, Gender and Feminist Amina Wadud and Gustav Redbruch's theory of legal objectives. The result of the analysis is Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants which regulates polygamy for Civil Servants, must be rejected because it contains legal content that is not fair to women as legal subjects. It should be reconstructed by providing equitable regulations, no discrimination, and equalizing the position of men and women before the law. Keyword: Reconstruction, Marriage and Divorce Law, Civil Servants