Juridical Problems Research Articles

Juridical Problematics Of Business Use Rights Over Management Rights

Cultivation rights according to the UUPA are granted on state land, but in its current development cultivation rights can be granted on state land and land with management rights. Management rights as control rights from the state, the authority to implement which is partly delegated to the holder of management rights, in the development of regulations can be granted on state land and customary land. The purpose of this writing is to describe the juridical problems of cultivation rights over management rights. The method used is normative legal research with priority on secondary data which is analyzed qualitatively. Inconsistencies occur between PP No. 18 of 2021 and UUPA, indicating a violation of the principle of lex superior derogate legi inferiori. This creates juridical problems with cultivation rights over management rights, and can result in legal uncertainty for holders of cultivation rights over management rights.

The Problematic of Incompatibility of Rice Land Protected by the Jember District Spatial Plan

The discrepancy in the Regional Spatial Plan of Jember Regency related to the regulation of spatial patterns and the direction of zoning regulations with the Presidential Regulation on the conversion of rice fields raises legal issues, namely the difficulty of the community to allocate limited space use for land, causing conflicts of interest, namely causing juridical problems that the government applies LSD regulations with reference to RTRW which is no longer in accordance with spatial use. The theoretical problem is that there is legal uncertainty in having the latest legal legality with existing conditions that have developed. Sociological problems have resulted in a vacuum in legal norms related to spatial pattern rules and zoning directions for the RTRW of Jember Regency in taking policies for issuing activity permits, obtaining Land Rights, and determining LSD to be hampered. The results of this research include 1) Causes of non-conformity of Protected Rice Fields with the Regional Spatial Plan of Jember Regency,.2) Future arrangements regarding the non-conformity of Protected Rice Fields with the Jember Regency Regional Spatial Planning Plan. These efforts require the establishment and implementation of regional regulations on spatial planning which are carried out with strategic agricultural studies in accordance with the mandate of the Spatial Planning Law, the Basic Agrarian Law, the LP2B Law, the Presidential Regulation on Land Use Transfer, and the Jember Regency RTRW.

Comparison Of Regulations For The Approval Of Condominium Developments Before And After The Job Creation Law

Housing development is an effort to meet one of the basic human needs, as well as to improve the quality of the living environment, give direction to regional growth, expand employment and drive economic activities in improving and equitable distribution of people's welfare. The construction of flats is one alternative solution to the problem of housing and settlement needs, especially areas in urban areas where the population continues to increase, because the construction of flats can reduce land use, make urban open spaces more spacious and can be used as a way to rejuvenate the city for slums. Arrangements related to the construction of flats were initially regulated in the Flats Law, one of which regulated the ratification of flats. The Job Creation Law through its omnibus law model amends several provisions including those related to flats, including through implementing regulations. In this paper using normative juridical research methods, the author will compare the arrangement for the ratification of flats before and after the promulgation of the Job Creation Law and explore potential juridical problems.

The Legal Certainty for Resolving Consumer and Business Actor Disputes from the Perspective of Social Engineering Justice from Roscoe Pound

Legal certainty in resolving disputes between consumers and business actors is important so that fair disputes and harmonious relations remain for business actors and consumers. Even so, there are juridical problems related to legal certainty in resolving consumer disputes, namely the lack of clarity regarding the orientation of litigation and non-litigation settlements. Facing these problems, this research aims to analyze the reconstruction of consumer dispute resolution referring to Roscoe Pound’s social engineering theory. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that to ensure legal certainty, changes or revisions to laws and regulations related to consumer protection need to be made to ensure justice in consumer disputes. Reconstruction of consumer dispute resolution refers to the social engineering theory of Roscoe Pound, so it is necessary to emphasize that consumer disputes must be optimized non-litigationally first through BPSK and if not satisfied, can file a simple lawsuit in court as an effort to minimize the costs and time associated with consumer disputes.

Dynamics of Local Government Policies in Providing Recognition and Protection of Customary Law Communities in Maluku

The problem of protecting and recognizing the rights of Customary Law Communities in Indonesia, including in Maluku, from the perspective of local government policies, is still being underestimated, even though Article 18 B paragraph (2) of the constitution has given recognition and respect to the unity of Customary Law Communities and their traditional rights, However is it that to get recognition of the status of customary villages in several negeri in the districts of Maluku and disputes over the mata rumah parentah still occur frequently. This study raises issues regarding legal protection and problems regarding the recognition of the rights of Customary Law Communities in districts/cities in Maluku by using statutory, conceptual approaches and case studies of court decisions relating to the rights of Customary Law Communities. Based on the results of the study it was found that the Provincial Government had issued a policy to provide customary law protection in Maluku which became the basis for establishing customary villages in Ambon City and Tual City, however, there are still regencies that have not provided recognition in the form of regional regulations for establishing customary villages, such as in West Seram Regency and Central Maluku Regency due to weak local government commitment and juridical problems.

Analysis Of The Formulation Of Criminal Provisions In Law Number 12 Of 2012 Concerning Higher Education

The criminal determination legislation policy in Law no. 12 of 2012 concerning Higher Education is a part of the stages of crime prevention in the field of higher education which is expected to be able to provide clear directions for law enforcement officials at the application and execution stages of a crime by providing complete sentencing rules. However, it turns out that the criminal provisions in the law are only an incomplete or partial set of tools in the context of tackling criminal acts in the field of higher education. This can be seen from the many juridical problems in the law, including the absence of juridical qualifications, corporate criminal responsibility issues and so on. For this reason, in the future it is necessary to update the existing criminal provisions formulation policy in the Higher Education Law.Keywords: Criminal Law Policy; Formulation; Juridical Issues

Legal Protection for People with Mental Illness as Victims and Perpetrators of Criminal Acts

This study aims to determine the synchronization of legal protection arrangements for people with mental illness (ODGJ) and its forms of legal protection in the structure of Indonesian laws and regulations. This study used normative juridical research methods. The approach used in this study is the Statue Approach and Analytical Approach with the specification of research inventory of laws and regulations, legal synchronization , and legal discovery in concrete. The result revealed that legal protection for people with mental illness (ODGJ) in some cases has not shown a level of synchronization. It is concerned in several legal provisions, namely Article 28G paragraph (2) and 28I of the 1945 Constitution, Article 86 of the Mental Health Law Number 18 of 2014, Article 453 of Law Number 17 of 2023, Article 9 of Law Number 39 of 1999, Article 333, 304, 491, 44 paragraph 2 of the Criminal Code, and Ministry of Health Regulations (Permenkes) Number 54 of 2017. According to these results, it can be concluded that the efforts to prevent and overcome shackling action for people with mental illness are through a promotive, preventive, curative, and rehabilitative approach to the community about individuals with mental illness (ODGJ). The construction of a mental hospital with a criminal room that can accommodate treatments for people with a mental health condition with criminal convictions or routine treatments of people with a mental health condition who are convicted in detention cells. There are clear juridical qualifications between crime and offense so as not to cause juridical problems in its implementation.

The Role and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights

This study aims to analyze the implementation of Komnas HAM's authority in resolving cases of human rights violations associated with the rule of law. To describe law enforcement efforts to resolve cases of human rights violations in the future to provide legal certainty. The polemic of resolving past gross human rights violations continues to be delayed. The regime in power since the reformation has not been able to solve it because of technical juridical problems and has a special nuance, making it difficult to hold a human rights court for perpetrators in a fair and impartial manner. This research uses a normative juridical research method using written data in statutory regulations (library research) using books, journals and articles as sources. The results of this study first show that Law No. 39 of 1999 concerning Human Rights, Komnas HAM, was given 4 powers, namely: investigation, counseling, mediation and assessment. In terms of the authority to investigate, Komnas HAM is given full authority by the Human Rights Act, but this is still lacking if Komnas HAM is not given the authority to investigate at once because after conducting an investigation of human rights violations, usually, these cases will disappear without news and clarity. While the authority in mediation and counseling is appropriate as a form of prevention so that human rights violations do not occur, in carrying out its duties, Komnas HAM should not be intervened by anyone considering its position as an independent state institution.

Legal Policy in Regulating the Sale of State Houses Class III (Idle State Property) Without Auction to Civil Servants Reviewed from the Perspective of “The Theory of Fairness” From John Rawls

Auction is universally recognized as the most accountable and fair-trading system. This is also recognized by the Republic of Indonesia, as stated in Article 48 of the Law of the Republic of Indonesia Number 1 of 2004 concerning the State Treasury junto Article 61 Government Regulation Article 61 Number 27 of 2014 concerning Management of State Property, where it is stated that all sales of State Property must be done through auction. The problem is, in the same Article there are exceptions in certain matters without going through an auction. This particular matter relates to discrimination against civil servants in the arrangement for the sale of State Houses Class III (Idle State Property) without having to go through an auction and even with a price of 50% of the valuation. Of course, the legal policy that apply these exceptions in addition to causing legal problems, also philosophical, theoretical, and sociological issues. The legal issue that arises is a conflict of norms between what should be (das sollen) in the constitution and the norms written in laws and regulations (das sein). In this case there has been a conflict of norm between Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which contradicts the regulations related to the regulation of State Houses as State Property in the form of land and buildings. From the juridical problems mentioned above. The legal issues mentioned above, then there are relevant questions to be studied. The question is: how is the legal policy that gives exceptions or differential treatment (“discrimination”) to civil servants viewed from the perspective of social justice from John Rawls in accordance with the principles and goals of the Indonesian nation, namely to realize Social Justice for All Indonesian People. The question is the research problem referred in this paper

JURIDICAL PROBLEMS ON COOPERATIVE BANK REGULATIONS ON INDONESIA'S ECONOMIC GOALS

This paper is concerned with the juridical problems on cooperative banks’ regulations on Indonesia’s goals stated in the 1945 Constitution Republic of Indonesia. The problems arise due to the absence of commercial banks in the form of cooperative banks. Furthermore, Indonesia has a minimum number of cooperative rural banks (BPR Co). Currently, OJK registered only 19 BPR Co out of 1545 BPRs (0.01%). The study aims to examine the juridical problems of cooperative bank regulation in Indonesia’s goals as stated in the 1945 Constitution. It is normative research, analyzed qualitatively and presented in a descriptive. The study reveals that the Government and the Financial Services Authority (OJK) have no intention of further regulating the legal form of Cooperative Banks. We can see it from the non-accommodation of Cooperative Banks in Law on Syariah Banking. In addition, we could also see it from the absence of regulation on Cooperatives Commercial Bank in OJK Regulation. Therefore, it is not surprising that no commercial banks in Indonesia are in the legal form of cooperative.

Reconstruction Of “Obstruction Of Justice” As A Criminal Act In The Law On Eradicating Corruption In Indonesia

Corruption is a special criminal act, qualified as an ordinary crime but must be eradicated in extraordinary ways. In Indonesia, it is not only an extraordinary method but also an institution with extraordinary authority formed because corruption has become a systemic and systematic disease of society. Criminalizing the act of "obstructing the judicial process" is one way to eradicate corruption extraordinarily. The positive law has already regulated it, but it needs to be strengthened by ratifying UNCAC 2003 so that the norms governing the offense can be universally recognized. This study aims to synchronize and harmonize the norms that have been regulated in positive law with the new norms regulated in UNCAC 2003 to avoid misperceptions in its implementation. The normative method is used by examining philosophically and juridically through principles and theories that develop and are associated with emerging empirical problems. Several legal cases are used to analyze the philosophical and juridical problems and to find weaknesses in the "obstruction of justice" offense norm. It needs to be reconstructed to ensure legal certainty and justice better. In the end, the goal of eradicating corruption can be achieved, without violating the proper criminal procedural law and placing interested parties, both from the perspective of the perpetrators and victims.

CRIMINAL LAW TREATS FOR ONLINE GAMBLING PERFORMERS: INVESTMENT FRAUD MODES

Since 2018 to July 2022, the Ministry of Communication and Information has cut off access to 534,138 gambling content on various digital platforms. This very high number will continue to grow. One of the reasons for the rise of online gambling content is the mode that is used, namely the "bodong" investment mode. Society is promised with unreasonable profits. Blocking efforts are actually one way to prevent and protect the public. Criminal law has regulated gambling in the Criminal Code, as well as if it is done using technology media, it is regulated in the Information and Electronic Transaction Law. This paper examines the regulation of criminal law regarding online gambling in the present, and in the future. This normative law research uses a statutory, comparative, and conceptual approach with prescriptive analysis. The results show that the regulation of gambling in the Criminal Code does not regulate online gambling, the ITE Law still has weak juridical problems in juridical consequences. While in the Draft Criminal Code, it is actually regulated more comprehensively, namely by regulating criminal acts committed with technology in general provisions, but regarding gambling, the 2019 Criminal Code Concept with 2022, has a significant difference, namely in the 2022 Criminal Code concept there are exceptions to permit arrangements taking into account laws that apply in society. Gambling, which has been licensed by the government, has a negative impact on people's lives. The word “without permission” has a meaning that tends to be ambiguous and less relevant.

Identifikasi Berbagai Masalah Yuridis dalam Formulasi Perundang-Undangan Pidana

Criminal law contains several regulations containing prohibitions and requirements determined by the state and if these are violated, they are accompanied by criminal threats. Acts against the law in criminal law are regulated in the Criminal Code (KUHP), while criminal laws outside the Criminal Code are referred to as special crimes. However, several policies on the formulation of criminal provisions contain juridical problems. The purpose of this research is to identify various juridical problems in the formulation of criminal legislation. The research method used in this research is descriptive with a qualitative approach. The results of the study indicate that the identification of various juridical problems in the formulation of legislation includes 1) Juridical Formulation Problems in Provisions of 5 Special Laws outside the Criminal Code; 2) The problem of not determining the formulation of the offense as a "crime or violation"; 3) Juridical Consequences/ Implications That Arise in Determining the Formulation of the Offense. This has a juridical impact in the form of not being able to apply the general rules in Book I (Chapters I-VIII) of the Criminal Code against criminal acts regulated in five special laws outside the Criminal Code.

Identifikasi Berbagai Masalah Yuridis dalam Formulasi Perundang-Undangan Pidana

Criminal law contains several regulations containing prohibitions and requirements determined by the state and if these are violated, they are accompanied by criminal threats. Acts against the law in criminal law are regulated in the Criminal Code (KUHP), while criminal laws outside the Criminal Code are referred to as special crimes. However, several policies on the formulation of criminal provisions contain juridical problems. The purpose of this research is to identify various juridical problems in the formulation of criminal legislation. The research method used in this research is descriptive with a qualitative approach. The results of the study indicate that the identification of various juridical problems in the formulation of legislation includes 1) Juridical Formulation Problems in Provisions of 5 Special Laws outside the Criminal Code; 2) The problem of not determining the formulation of the offense as a "crime or violation"; 3) Juridical Consequences/ Implications That Arise in Determining the Formulation of the Offense. This has a juridical impact in the form of not being able to apply the general rules in Book I (Chapters I-VIII) of the Criminal Code against criminal acts regulated in five special laws outside the Criminal Code.

Permasalahan Yuridis Penentuan Pelaku Utama Dalam Pemberian Justice Collaborator Sebuah Tindak Pidana Tertentu

Abstract
 Justice collaborators are very much needed by law enforcement in uncovering certain criminal acts. The fact is that in the formulation of the justice collaborator arrangement in the law, especially the problem of determining the main actor, there are still many juridical problems that have an impact on its application and implementation. This research is classified into normative legal research (normative juridical), using primary legal materials and secondary legal materials. The approach used is a statutory approach to review all relevant rules and regulations. In this study, we will discuss the problem of legal arrangements related to the provisions for determining the provision of a justice collaborator for a particular crime, and the juridical problem of determining the main actor in the provision of a justice collaborator for a particular crime. The findings in this study indicate that there is no juridical definition of the main actors who cause legal problems at the level of norms and practice. The next finding is the difference in perception and the unclear determination of authority to determine the main actors between law enforcers which results in legal uncertainty.
 Keywords: Juridical Problems, Main Actor, Justice Collaborator, Certain Criminal acts.

Penerapan Sanksi Terhadap Tindak Pidana Penghinaan Dalam Undang-Undang Informasi Dan Transaksi Elektronik

The main problem of this research is the Application of Sanctions Against Criminal Acts of Humiliation in the Information and Electronic Transaction Law. This problem is divided into two sub-discussions, namely, first, how is the application of sanctions against criminal acts of humiliation in the Information and Electronic Transaction Law, second, what is the form of sanctions imposed on perpetrators of criminal acts of humiliation according to the ITE Law. normative juridical problems, namely conceptualizing law as norms, rules, principles, using a statutory approach that is described descriptively based on problems with various legal rules and literature, as well as seeking a legal opinion on the problem that is the object of the problem.

The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.

LEGAL CERTAINTY IN PROVIDING CERTIFICATE OF LAND RIGHTS FROM THE MINISTRY OF JUSTICE BASED ON LAW NUMBER 13, 2017

The complexity of the issue of structuring land law after the independence of Timor Leste 20 years. The rise of community demands regarding land ownership rights is closely related to the principle of independence which cannot be separated from property rights, contract rights and freedom. Land rights are a separate issue for the RDTL state where there is dual ownership of certificates from the Portuguese colonial era and the Indonesian occupation of Timor Leste.This study aims to conduct a theoretical analysis of the authority of the ministry of justice in providing land rights certificates in accordance with applicable laws. this study adopts normative assumptions to indicate a critical problem in the ministry of justice which includes several literature reviews. As the final conclusion of this research, based on theoretical assumptions, it is explained thatOwnership of land and buildings must guarantee legal certainty and legal protection, legal certainty and legal protection regarding land that is property rights from a juridical point of view of the subjects land status, and from a physical point of view in the form of the location, boundaries and area of ​​land which are regulated based on statutory regulations. InvitationOn the basis of the dual ownership of land titles, the RDTL government has attempted to establish various land law instruments to regulate citizens rights to land. However, this still raises various problems, including: juridical problems, sociological problems, historical problems and politicalproblems. So that the writing of this article can also provide clarity on land law in the country of Timor Leste.

Reformulation of Local Government Policy Regarding Agricultural Land Transfer Permits to Building Food Security in the Era of the Covid-19 Pandemic

This research is motivated by four main problems, namely philosophical problems, theoretical problems, juridical problems and sociological problems. The philosophical problem is the shift in the value of justice from the community regarding the important value of agricultural land in Indonesia. This research is based on the decline in agricultural land in Indonesia which has been converted into non-agricultural land. Indonesia itself is an agricultural country which in fact agricultural land is a source of commodities and food security for the country. If agricultural land continues to be converted, it will have many negative impacts on the stability of the country. In addition, the environmental ecosystem will be disturbed by changing the function of the land. In addition to the philosophical problems above, there is also a theoretical problem, that with the implementation of a decentralized government system in which each region is authorized and has the right to take care of its own household. In addition, the Covid-19 pandemic that the country is currently experiencing brings many new problems, especially in food security. In addition, the juridical problem is that the Government in this case the central government has anticipated the effects of this agricultural land conversion by passing Law no. 41 of 2009 concerning the Protection of Sustainable Agricultural Land. This law has not been able to even tend to have a crucial article that can be misused by the Regional Head in granting a location permit for the conversion of agricultural land. Even existing laws tend to be deviated by Regional Heads armed with discretionary authority and this is a new challenge, especially in the era of the COVID-19 pandemic. The sociological problem in this study is that the excessive conversion of agricultural land will cause social unrest in the community. This is caused by: (1) agricultural land is exploited into residential land by ignoring the obligation to replace new agricultural land. (2) Exploitation of agricultural land in the region seems not yet fully for the prosperity of the people in the region. And permits are no longer seen as an instrument for controlling the community but as a means of increasing local government tax. (3) The current COVID-19 pandemic is the country's biggest challenge in developing the country's current food security. Keywords : Reformulation, Agricultural Land Transfer, Food Security DOI: 10.7176/JLPG/114-04 Publication date: October 31 st 2021

The Criminal Liability of Corporations as Crime Perpetrators

In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.