Legal Research Method Research Articles

KAJIAN YURIDIS ATAS PENGADAAN TANAH IBU KOTA NUSANTARA TERKAIT OBJEK TANAH ULAYAT MASYARAKAT ADAT DI PENAJAM PASER UTARA

The Government of Indonesia is currently undertaking the Nusantara Capital City project, which requires land acquisition for the construction of the new capital. This legal research aims to explore the proper procedures for land acquisition in the context of the Nusantara Capital City project, the legal protection for the indigenous communities of Penajam Paser Utara whose land is being used for the project, and the challenges encountered during the land acquisition process. The research employs a normative legal research method. The findings indicate that the land acquisition carried out by the government, specifically by the Nusantara Capital City Authority, complies with the requirements set by the applicable laws and regulations. However, despite this compliance, the legal protection for affected communities remains insufficient, and several challenges have been identified in the implementation of the land acquisition process. The conclusion is that while the procedures align with legal requirements, there is still a need for improved legal protection and resolution of the challenges faced during the land acquisition for the Nusantara Capital City project

PERLINDUNGAN HUKUM PEMULIA VARIETAS JAGUNG TALENTA ATAS PEREDARAN TANPA HAK BENIH OLEH PETANI KONTRAK MENURUT UNDANG-UNDANG NO 29 TAHUN 2000 TENTANG PERLINDUNGAN VARIETAS TANAMAN

(E) Plant Variety Protection Rights are special rights granted by the state to breeders and/or Protection of Plant Varieties rights holders to use their own varieties resulting from their breeding or to give approval to other people or legal entities to use them for a certain time. The main problem in this case is how legal protection is for corn plant breeders who produce the Talenta corn variety according to Law number 29 of 2000 on Protection of Plant Varieties and how the government is trying to prevent violations of breeders' rights. This research uses descriptive normative legal research methods, the type of data uses secondary data and is studied qualitatively, so that way of drawing conclusions uses deductive logic. The results and conclusions are Law number 29 of 2000 on Protection of Plant Varieties is adequate to protect breeders both from its articles and the implementation of law enforcement. Farmers do not yet understand what legal restrictions there are in implementing contracts, so the challenge lies in monitoring and controlling the use of plant varieties. Collaboration between plant breeders, government, related institutions, and the seed industry is key to maintaining the success of PVP systems.

Crimes In Information and Communication Technology Against the Environment

This research will discuss the substance relating to environmental crimes contained in Law No. 32 on Environmental Protection and Management, whether Cyber Crime in its application is related to environmental crimes that cause pollution and / or environmental damage, because in the process of activity and management of natural resources whose perpetrators are subjects of environmental law in the form of companies in the form of legal entities or non-legal entities will utilize technology and information via the internet for their activities. This research uses normative legal research methods with qualitative methods. Cybercrime is related to environmental crimes contained in Law Number 32 of 2009 concerning Environmental Protection and Management, including environmental crimes committed by corporations, and falsification of data via the internet on manifest waste and other polluting materials that result in losses to the community and the environment

PROBLEMATIKA YURIDIS PENGEMBALIAN STATUS APARATUR SIPIL NEGARA PADA KEMENTERIAN KOPERASI DAN UKM

This research addresses the case of a Civil Servant who was previously dismissed honorably not at their own request but later had their civil servant status restored based on Decision Number 17/G/2023/PT.TUN.JKT. The research problem focuses on whether the reinstatement of the civil servant's status aligns with legal regulations and what the legal consequences of this reinstatement are. The study employs a normative legal research method with a descriptive nature. It uses secondary data, analyzed through qualitative methods, and draws conclusions using deductive reasoning. The findings and results is indicate that the reinstatement of the civil servant's status does not comply with legal regulations, as it does not involve the imposition of disciplinary penalties twice. The legal consequence is the emergence of an obligation for the Civil Service Consideration Board to issue a Decree concerning the revocation of the decision of Honorable Dismissal Not at One’s Own Request for ZPA, and ZPA's reinstatement as a Civil Servant.

Analisis Putusan Pengadilan dalam Perkara Tindak Pidana Pencemaran Udara

Air pollution is one part of physical environmental pollution. Air pollution according to the Government Regulation on air pollution control is the entry or introduction of substances, energy, and/or other components into ambient air by human activities, so that the quality of ambient air decreases to a certain level that causes ambient air to be unable to fulfill its function. The research method used is to use a type of normative legal research method, by examining library materials or secondary data which include primary legal materials, secondary legal materials and tertiary legal materials using Decision Number 68/Pdt.G/LH/2022/PN Rap. The results of the study, namely the lawsuit was rejected by the Court and the impact was air pollution, namely respiratory disorders, cardiovascular disease, impaired fetal development, decreased lung function, and chronic diseases. Conclusion Air is very important because it provides oxygen and other gases that are essential for all life on earth. Air pollution or contamination is the introduction of other components into the air, either by human activities directly or indirectly or due to natural processes. The impacts of this pollution include respiratory disorders, cardiovascular disease, impaired fetal development, decreased lung function, and chronic diseases. Suggestions Palm oil mills need to adopt more effective pollution control technologies to reduce emissions of hazardous materials into the air. Local governments and environmental regulatory agencies must ensure that palm oil mills comply with all applicable environmental regulations and standards. Local communities must be empowered and educated about their rights and how to advocate for a healthy environment.

PERBANDINGAN PEMERIKSAAN DAN PENJATUHAN SANKSI TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ANAK MENURUT SISTEM PERADILAN INDONESIA DAN BELANDA

Currently, the rate of homicide in Indonesia by children is increasing, which raises concerns in the justice system as children are the next generation of the country's ideals. For this reason, Indonesia stipulates special regulations stipulated in Law No. 11/2012 while the Netherlands in the Wetboek van Strafrecht and Wetboek van Strafvordering. The problem of this artcle is how the similarities and differences regarding the examination and imposition of sanctions for the crime of murder by children according to the Indonesian and Netherlands justice systems. The research method used is descriptive normative legal research method using secondary data obtained from literature study. This research aims to analyze the examination and imposition of sanctions for criminal acts of murder committed by children according to the Indonesian and Netherlands justice systems. The discussion results and the conclusion that the similarities are in the legal system of the country, the elements of the crime of murder, the examination in court, the imposition of sanctions and fostering institutions while the differences are the regulatory provisions, the age limit of the child and the period of time regarding the procedure.

Indonesian national health policy: Legal analysis of the elimination of mandatory health spending

Pusphose: The elimination of mandatory spending in Law No. 17 of 2023 on Health has sparked controversy, particularly because it contradicts the World Health Organization's recommendation that allocates 5-6% of GDP to health budgeting to facilitate better access to healthcare services. This removal also potentially violates the Indonesian Constitution, which through Article 28E, Article 28H paragraph (2), Article 28D paragraph (3), and Article 34 paragraph (3) guarantees the fulfillment of health rights for vulnerable groups. Method: This study employs a legal dogmatic research method to analyze the constitutionality of eliminating mandatory spending in Law Number 17 of 2023 on Health, as it pertains to the 1945 Constitution of the Republic of Indonesia, using John Rawls' theory of justice as a tool for legal analysis. Result: Law No. 17 of 2023 on Health has eliminated the mandatory spending provision, which previously stipulated a minimum health budget allocation of 5% from the national budget (called APBN) and 10% from the regional budgets (called APBD), as per Law No. 36 of 2009. The new law introduces performance-based budgeting, but it remains unclear how it will be implemented, especially at the regional level. The main criticism is that this potential elimination could reduce health guarantees for vulnerable groups, contradicting the principles of social justice mandated in the Indonesian Constitution. Conclusion: Although the Constitutional Court has rejected a formal review of this law, opportunities still remain for a substantive examination of the real impact of this elimination on the health access of vulnerable groups.

Implementation Of Medan Mayor Regulation Number 26 Of 2024 Concerning Guidance For Implementing Subscription Parking Services On The Road Side From A State Constitutional Law Perspective

One of the public policies in the form of regional head regulations of the Regent/Mayor is the Medan City Mayor Regulation Policy (Perwal) Number 26 of 2024 concerning the Implementation of Subscription Parking on Public Roadsides. The regulation implements a roadside subscription parking system in the capital city of North Sumatra Province by subscription starting July 1, 2024. The amount of the subscription parking fee is IDR 90,000/year for two-wheeled vehicles, IDR 130,000/year for four-wheeled vehicles, and IDR 168.000,000/year for trucks/buses.This study uses the Empirical Juridical Type of legal research method, namely research that focuses on examining theory and practice in positive law. is research that places law as a social phenomenon. The data collection method used is by interview. This study refers to primary and secondary data (field and library data). The public supports the subscription parking program to maximize the acquisition of Regional Original Income (PAD) from the parking sector, but the process, substance and implementation must not violate the rights of citizens, especially if it conflicts with applicable laws and regulations.

Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address. This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.

Handling Repeated Crimes (Residivist) of Motor Vehicle Theft (Case Study at Sukabumi District Police)

The development of the times affects life in society which is marked by increasing crime in society. There are criminals who repeat crimes after the perpetrator is released from his criminal sentence or are known to be recidivists. The research method used is qualitative research, using an empirical legal approach which examines law which is conceptualized as real behavior, as an unwritten social phenomenon, which is experienced by everyone in social life.Research Methods In this research, the author used several research methods to complete this thesis. The first method used is the normative juridical method. Normative juridical is a legal research method carried out by examining library materials or mere secondary materials. The results of research into factors causing recidivism of motorbike theft in the jurisdiction of the Pelabuhan Ratu Police, Sukabumi Regency, namely educational factors, opportunity factors, lack of skills factors, and law enforcement factors. The recidivist modus operandi of motorbike theft in the jurisdiction of the Pelabuhan Ratu Police, Sukabumi Regency is in the form of using a T-lock, pushing the motorbike and hiding it in another place. Efforts to deal with recidivist motorbike theft in the jurisdiction of the Pelabuhan Ratu Police, Sukabumi Regency in the form of repressive and preventive efforts.

Implementation of the Validity of the Belis System Marriage Related to the Reduction of Inheritance Rights on Land in Hambapraing Village, East Sumba Regency

Indonesia has cultural diversity that is reflected in marriage traditions, including belis, which is an important dowry in the customs of the people of Hambapraing Village, East Sumba Regency. Belis not only has a material value, but it is also symbolic, reflecting the appreciation and binding of the family relationship between the bride's family. Although national law through the Marriage Law regulates the conditions for the validity of marriage, traditional traditions such as belis are still considered valid if they meet the provisions of religious and state law. This study examines the validity of marriage with belis and its impact on inheritance rights, especially in patrilineal societies that prioritize boys as the main heirs. Girls generally receive a smaller share of the inheritance, depending on the gift from their parents or brother. Customary law is recognized by the 1945 Constitution and the UUPA, as long as it does not conflict with the national interest. With empirical legal research methods and conceptual approaches, this study combines primary and secondary data to analyze the interaction between customary law and national law. The results showed that marriage with belis was legally legal, with belis reflecting the value of nobility and family interaction in society.

The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.

Initiating the Reform of Principle Norms in the Formation of Laws in Indonesia

The formation of responsive laws is an ideal form and a must in a country that adheres to democracy, the involvement of the community in the formation of laws and regulations is a form of implementation of democracy and popular sovereignty, so far the principles of the Formation of Legislation are regulated in Article 5 of Law Number 12 of 2011, but these principles are still formally operational and are considered unable to provide space for the community in conveying input that needs to be fulfilled in the mechanism of forming laws, so there needs to be an update on the principles of its formation. This research aims to find out how the idea of updating the norms of principles in the formation of laws in the future, the method in research uses legal research methods through approaches, data analysis is descriptive qualitative statute approach, conceptual approach, and case approach. the results of the study show that the formation of laws and regulations must certainly begin with a response to the existence of a legal problem that develops in society and there must be a regulatory solution, so that the formation of laws and regulations is not always based on political interests, certain groups or other interests, it is to avoid overregulation. The concept of responsiveness becomes urgent to be prioritized as a new norm of principles in the formation of good laws and regulations, because it can provide a two-way space between the legislator and the public quickly. the concept of responsiveness becomes a new idea in the new norm of the principles of good law formation, which has the character of strengthening the root foundation of the principle of openness and as a supporter (supporting) to the provisions of Article 96 Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations.

Perbuatan Kelalaian Oleh Konsultan Pengawas Konstruksi Atas Bangunan Yang Menyebabkan Kerugian Negara

Construction supervision consultants are essential for infrastructure and construction projects that involve public funds. Construction supervision consultants are responsible for ensuring that projects run according to standards, comply with regulations, and reduce the risk of failure or accidents. Negligence committed by construction supervision consultants includes lack of supervision of project implementation to the point of not complying with established quality and safety standards. This study utilizes normative research methods, also known as legal research methods, positive legal research methods, doctrinal legal research methods, and pure legal research methods. During a construction project, the supervising consultant ensures that all work is carried out in accordance with the established technical specifications and quality standards. Ensuring that all projects are executed with professionalism and regulatory compliance, the consultant is responsible for reporting and documenting all important aspects of the project as well as managing changes that may occur during the construction process. The concept of negligence includes various types of non-compliance with technical standards, inaccurate planning, negligence in supervision and monitoring, corruption, and opacity in the construction process. The negligence of construction supervision consultants can negatively impact the success of the construction project itself.

Pertanggungjawaban Pidana bagi Pelaku Pencemaran Lingkungan Perspektif Fikih Jinayah

This study aims to identify and analyze the strengths and weaknesses of the criminal liability system in environmental law and evaluate how Islamic jurisprudence can offer alternative or additional solutions to address environmental pollution problems. This study uses an empirical legal research method with qualitative procedures. The results of the study indicate that the act is considered to violate Islamic jurisprudence and environmental regulations in Indonesia, as shown in the findings. However, law enforcement still has obstacles related to evidence collection and time constraints that must be overcome in order to effectively pursue individuals or groups responsible for environmental damage. Therefore, to ensure environmental sustainability, it is important for the government to actively participate, for law enforcement to achieve effectiveness, and for business entities and the community to be aware of their obligations and be responsible for their behavior.

Pertanggungjawaban Konsultan Pengawas Jasa Konstruksi Terhadap Tindak Pidana Korupsi

This study examines the liability of construction service supervisory consultants in criminal acts of corruption, with a focus on criminal law enforcement mechanisms, forms of liability, and recommendations for strengthening the supervision system and preventing corruption in the construction sector. Using normative legal research methods, this study examines primary, secondary, and tertiary legal materials relevant to the research topic.The approaches used include statute approach, conceptual approach, and case approach. The analysis is conducted qualitatively with descriptive analytical method to produce a comprehensive picture of the problem under study.The results show that the criminal law enforcement mechanism against supervisory consultants involved in corruption involves a complex process, from investigation to court decisions, with the main challenge being proving the involvement of consultants in corruption schemes. The form of liability of supervisory consultants can be in the form of individual, corporate, or in solidum criminal liability, with sanctions that include imprisonment, fines, and state loss recovery obligations.The research also produces recommendations for strengthening the supervision system and preventing corruption, which include the implementation of technology in project supervision, increasing transparency through e-procurement, strengthening the whistleblowing system, improving the quality and independence of supervisory consultants, as well as regulatory reform and law enforcement.The research conclusions emphasize the importance of a holistic approach in addressing corruption in the construction sector, incorporating legal, management, technological and ethical aspects. The implementation of the proposed recommendations is expected to contribute to the creation of a cleaner, more efficient, and higher quality construction industry in Indonesia.

Batik Tulis Lasem: Perlindungan Berbasis Inventarisasi Kekayaan Intelektual Komunal

This article aims to analyze the legal protection of Batik Tulis Lasem from the perspective of communal intellectual property. This research also aims to examine steps that can be taken by the government as an effort to protect Batik Tulis Lasem. This paper uses normative legal research methods with a statutory approach, a conceptual approach and an analytical approach. The results of the study show that the existence of Batik Tulis Lasem, which continues to be passed down from generation to generation from generation to generation, with the meaning and values contained in each element, deserves to be protected by the state as Communal IP in the form of TK and TCE. Steps that can be taken by the Government as an effort to protect Batik Tulis Lasem is to carry out an inventory as one of the Communal IPs that continues to be passed down from generation to generation from generation to generation with the meaning and value contained in each element. The inventory is carried out through 1) recordation and 2) data integration. Based on Permenkumham 13/2017, it is known that the inventory process is important to carry out as a defensive mechanism. Therefore, collaboration between all stakeholders plays a major role in collecting all data related to the existence and description of KIK itself.

Kebijakan Pidana Kebiri Kimia Oleh Majelis Hakim Terhadap Pelaku Pemerkosaan Terhadap Anak di Indonesia

Chemical castration, medically known as "antiandrogen therapy", is a procedure that involves administering a chemical substance to suppress the production of the hormone testosterone. The aim is to reduce libido and erectile ability in men. Unlike physical castration, which is permanent, chemical castration is reversible, meaning that the effects will disappear once the treatment is stopped This study uses normative research methods, which are also referred to as legal research methods, positive legal research methods, doctrinal legal research methods, and pure legal research methods. Normative legal research is a type of research that centers on written law (law in books) or community customs. Most normative research data sources come from secondary data sourceschemical castration punishment can be considered contrary to several international human rights instruments that have been ratified by Indonesia.The Indonesian National Commission on Human Rights has also expressed its objection to the application of chemical castration punishment.The purpose of this study is expected to significantly reduce sexual crimes against children and provide better protection for the nation's future generations.The existence of castration punishment in Indonesia is a complex and multidimensional issue, involving legal, ethical, medical, social, and political aspects. Although intended as a decisive measure to protect children from sexual crimes, its implementation remains controversial and faces various practical and ethical challenges.

KEWENANGAN KANTOR OTORITAS BANDARA WILAYAH IV DALAM PENEGAKAN HUKUM TERHADAP PEMALSUAN PAS BANDARA

The number of incidents of counterfeiting airport pas poses a risk of threats to aviation security that can result in aviation law violations, for that law enforcement is needed in order to provide a deterrent effect while realizing legal certainty against perpetrators of airport passport forgery. The formulation of the problem in this study is how the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, as well as what factors hinder law enforcement against counterfeiting airport pas, the objectives of this study are, first, to determine the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas, second, to determine the factors that hinder law enforcement against counterfeiting airport pas. The research approach used is normative juridical, the normative juridical approach seeks to understand the law from a theoretical and philosophical perspective. This research uses normative legal research methods by analyzing various legal sources such as constitutions, laws, court decisions, legal doctrines, and opinions of legal experts. The results of this study are first, the authority of the Region IV Airport Authority Office in law enforcement against counterfeiting airport pas has not been maximized, as evidenced by the Region IV Airport Authority Office has never taken action in court against counterfeiting airport pas. Second, the factor that hinders the law enforcement of airport pass forgery is that the Region IV Airport Authority Office does not yet have the authority to investigate the criminal offense of airport pas forgery.

Faktor-Faktor Yang Menghambat Perlindungan Konsumen terhadap Pengguna Barang Thrift Fasion dipasar Andalas Kota Gorontalo

This research aims to find out about the phenomenon of legal protection for consumers using thrift fashion goods in the Andalas market, Gorontalo City and the factors that hinder consumer protection for users of thrift fashion goods in the Andalas market, Gorontalo City. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research indicate that Consumer Protection is regulated in Law no. 8 of 1999 which is a replacement for Law no. 3 of 1989 concerning Telecommunications. The consumer protection law itself regulates the rights and obligations of consumers, including producers, who act to meet consumer needs and ensure the realization of legal protection for the benefit of others. In essence, consumer protection is the consumer's own right, including the activities and movements of the sales industry which are currently being widely discussed and highlighted, especially the buying and selling of imported second-hand clothing, known as thrifting, namely the activity of shopping for used goods such as clothes and other types, whose prices are very high. cheaper, as well as factors that hinder the provision of this protection and make it not work as it should. In the city of Gorontalo itself, there are problems in providing consumer protection for the sale of imported second-hand clothing, namely; strong desire on the part of sellers and buyers, law enforcement is limited to socialization and appeals without confiscation and sanctions, and lack of public awareness.